Can I be fired for being injured on the job?

Dawn Pinnisi

January 12, 2023

Injuries can happen anywhere, and when a serious injury happens when you are at your job, the situation can be especially stressful. In some cases, workers might worry that they will be fired if they cannot perform their jobs after a short-term or long-term injury. In some scenarios, these fears come true, after an injury heightens the emotional and financial challenges workers face.

Fortunately, injury laws in New York have been designed to protect the worker who has been injured on the job. If you believe you have been wrongfully fired, speak with one of our experienced lawyers right away.

Legal Protection for Injured Workers

Although New York is an at-will state, meaning that employers have the right to fire their employees for any reason and at any time, there are certain exceptions that protect workers who have experienced an accident on the job. A few of the situations in which an employer may be prohibited from firing an injured worker include if that worker has:

  • Filed an injury claim
  • Reported an accident that occurred at work, such as a vehicle crash
  • Hired or consulted with a lawyer to help with their claim
  • Is out on FMLA (Family Medical Leave Act)
  • Has missed work with documented advice from a medical professional
  • Testifying before the state of New York Workers’ Compensation Board
  • Following instructions from a physician and refusing to perform certain work tasks

Although there are regulations put in place to protect injured workers, employers often ignore these regulations. If you file a New York compensation claim after your injury and are then fired from your job, you may be entitled to compensation. The attorneys at Varcadipane & Pinnisi, P.C., can help outline your options.

Steps to Take if You’ve Been Fired After a Workplace Injury

Surviving a workplace injury can be stressful, especially if you are concerned that your job is at risk. Here are steps to take if you have been injured at work or on a job site:

  1. Seek immediate medical attention from a hospital or physician, depending on the severity of your injury.
  2. Maintain records of your visit and your physician’s instructions. If your doctor recommends time off work to rest and recover from your injury, request this in writing to file your claim.
  3. Notify your employer about your injury as soon as possible, but always within 30 days. If you wait for more than 30 days, your claim may not be eligible.
  4. File a workers’ compensation claim as soon as you can, do not delay.
  5. File an Employee Claim form with the Board (form C-3) within two years of your accident. This claim will notify the Board of your injury.
  6. Contact an experienced PI lawyer to discuss the next steps.

Speak With an Experienced New York PI Attorney

If you have been fired after an injury on the job, it is advisable to speak with a personal injury attorney who can provide guidance on your injury claim. Contact Varcadipane & Pinnisi, P.C., to schedule a free consultation without delay.

Dawn M. Pinnisi

Dawn M. Pinnisi is a distinguished attorney with a track record of excellence in advocating for victims of injury and negligence. Dawn is a Founding Partner of the Firm, a member of the Million Dollar Advocates Forum, and has been awarded by the National Trial Lawyers.

University: J.D. Brooklyn Law School

Bar Number: 33771999

Locations: New Jersey and New York.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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