Monthly Archives: March 2015

If I file a claim for Workers’ Compensation, can I be fired by my employer?

Many people want to find out from a Queens work injury lawyer if they can get fired while receiving or seeking Workers' Compensation benefits. While an employer does not have to keep your job open, you cannot be terminated or discriminated against just because you are claiming or receiving Workers' Compensation.

What happens if I have proof my employer fired me because I filed a claim for Workers’ Compensation benefits?

If you have proof that your employer purposely or intentionally fired you because you filed a claim for Workers' Compensation benefits, you have the right to sue your employer. Because of wrongful discharge, you may be entitled to additional compensation beyond what you're receiving from Workers' Compensation.

Keep Your Employer Informed About Your Intentions for Employment

Our Queens Workers' Compensation attorney finds that having an open dialogue with your employer is a way to ensure that your employment will remain available. Talk to your...
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Can I Work Even if I’m On Workers Compensation?

You should always try any work that your employer offers. However, keep in mind that you can never be mandated to go back to your job beyond the limitations that your doctor sets for you.

Try Reasonable Employment

You must try certain work known as “reasonable employment” or “favored work” when it is offered by your employer. If you do not try this work, you might have to give up your right to wage loss benefits. This work if offered is within your medical limitations.

Know Your Limits Due to Your Work Injury

If, at some point, you are unable to work or you experience pain, stop what you are doing and inform your supervisor. You have the right to go see a doctor or go home.Employers will often provide work for you that can go beyond your medical limitations or made to harm you. The employer's goal is that you will stop working...
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