New York City construction workers who are recovering from a workplace injury should not have to worry about employers retaliating against them because they filed for worker’s compensation or for other reasons relating to an injury. Fortunately, state and federal laws provide a number of protections for injured workers. While these protections do not always guarantee an injured worker will keep a job, they do guard against certain forms of discrimination or retaliation.
The New York State website explains that no state employer may fire someone just for filing a workers’ compensation claim. In the event someone receives harassment or loses a job for filing a claim, that person may go to a nearby Workers’ Compensation Board office to inquire about filling out a discrimination claim. Should a worker seek a new job, a new employer cannot deny employment because the worker had filed a claim at a previous job.
Additionally, workers have certain privacy rights under workers’ compensation law. If for instance, you wanted to find a new job, you do not have to tell a new employer that you had filed for workers’ comp, and state law forbids the employer from asking you if you have. Also, the law does not permit the Workers’ Compensation Board to provide your comp case to other employers.
Workers’ comp law does not mandate, however, that your employer keep your specific job open for you while you recover from your injury. Some workers may receive help from the federal Family and Medical Leave Act (FMLA), however. This act requires some employers to give twelve weeks of unpaid leave during a 12-month period to workers who cannot work due to health reasons.
Keep in mind that some employers may use the disability of a worker as a reason to fire or deny that person employment. Disabled workers who are still qualified for a position receive protection by the Americans with Disabilities Act (ADA) if the workplace employs more than 15 people. The Human Rights law of New York extends disability protection even further to employers who hire just four people.
