The work world can be a complicated and challenging terrain, especially when a worker faces an injury that affects their ability to work. Unfortunately, in some cases, after suffering an accident or injury in the workplace, some employees may find themselves in an even more difficult situation: being fired from their job. Do you know what to do in this scenario?
Undoubtedly, being fired after suffering injuries at work can be a discouraging situation and generate uncertainty about how to protect your rights and seek justice to receive each of the benefits that the law can provide you at a time like this.
In this article, we tell you some of the most important steps you should follow if you are fired for suffering injuries at work, so that you can ensure that you receive the justice you deserve, asserting your rights as a worker.
Do you need legal help to face a case of dismissal due to injuries? At Nonna Shikh Law we have lawyers who know your rights and are willing to fight by your side to assert them before the necessary instances. Call now at 718-295-4000 or schedule a consultation so we can evaluate your case.
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Can an employer fire me if I suffer injuries at work?
This may depend on the city and state of the country where you are. In New York, for example, employers are subject to certain labor laws and regulations that protect workers’ rights, including those who suffer injuries at work. Under New York’s workers’ compensation laws, employers must provide benefits and protections to employees who are injured or become ill due to their work.
In general, an employer cannot fire an employee because they have suffered an injury at work and have sought workers’ compensation benefits. Firing an employee in retaliation for filing a workers’ compensation claim is illegal and prohibited under New York laws.
What should I do if I am fired after suffering workplace injuries?
If you are fired after suffering workplace injuries in New York City, it is important that you take adequate measures to protect your rights and seek justice. Here are six key steps you should consider:
Step 1. Notify your employer
At the moment you suffer a workplace injury, make sure to notify your employer as soon as possible. New York’s workers’ compensation law requires workplace injuries to be reported within a specific time period, usually within 30 days of the incident.
Step 2. Seek medical attention
It is essential that you seek medical attention immediately after the injury. Make sure to receive an adequate diagnosis and treatment for your injuries. Keep all medical records and bills, as they will be essential to support your claim.
Step 3. File a workers’ compensation claim
Once you have notified your employer and sought medical attention, you should file a workers’ compensation claim. This will allow you to access benefits such as medical care, lost wages, and possible disability compensation.
Step 4. Document everything
Keep a detailed record of all events related to your workplace injury and the termination process. This includes emails, communications with your employer, copies of your workers’ compensation claim, and any other relevant evidence.
Step 5. Consult with a workers’ compensation lawyer
Labor law can be complex, and an experienced workers’ compensation lawyer in New York can provide solid legal advice and adequate representation. A lawyer will help you protect your rights and ensure that all relevant labor laws are met.
Step 6. Know your rights
Familiarize yourself with labor laws and worker rights in New York. Understanding what is allowed and what is not allowed under the law will help you make informed decisions and protect your interests.
Remember that it is essential to act quickly after a workplace injury and termination. Seek legal advice from a workers’ compensation lawyer as soon as possible to ensure that your rights are protected and that you can take the necessary steps to obtain the justice you deserve.
At Shikh Law, we fight for your labor rights
Facing a dismissal after suffering workplace injuries can be a challenging and overwhelming situation. However, it is crucial to remember that in New York City, there are laws and protections for workers who have been injured on the job. If you find yourself in this difficult situation, follow the steps mentioned above to protect your rights and seek the justice you deserve.
At Nonna Shikh Law, we understand the challenges that workers face after a workplace injury and we are here to provide you with the support and legal representation you need. Our team of accident and workers’ compensation lawyers is dedicated to protecting the rights of our clients and fighting for justice in every case.
Do not let your rights as a worker be violated. Call now at 718-295-4000 or schedule a consultation to receive the quality attention you deserve from a top-tier law firm in New York.
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FAQs
How long do I have to file a claim if I was fired due to injuries?
In New York City, the deadline for filing a claim if you were fired due to workplace injuries is crucial. In general, you must act quickly, as the workers’ compensation law establishes that you have a two-year period from the date of dismissal to file a retaliation claim. It is essential that you inform yourself about your rights and seek legal advice as soon as possible to protect your interests and take the appropriate measures within the established deadline.
How can I prove that my dismissal was in retaliation for suffering injuries?
Proving that your dismissal was in retaliation for suffering injuries may require a detailed analysis of the evidence. To establish a strong connection, you must present evidence that demonstrates a direct relationship between the filing of your workers’ compensation claim or the report of your injuries and the act of dismissal.
Documents such as emails, communication records, previous performance evaluations, and witness testimonies can be crucial in supporting your case.
Why is the legal assistance of labor lawyers near me important?
The legal assistance of labor lawyers near you is vital when facing a dismissal after suffering workplace injuries. These lawyers understand the complexities of the specific labor laws in your area, such as those in New York, and can provide you with the knowledge and experience necessary to protect your rights and file a solid workers’ compensation claim.
At Nonna Shikh Law, we are ready to fight by your side and ensure your access to justice. Call us now at 718-295-4000 and receive the attention of honest and responsible legal lawyers.
The team of writers of Nonna Shikh is made up of a group of lawyers specialized in personal injury, traffic, construction and slip and fall cases. Each member of the team has extensive experience in their area of specialization and is committed to providing the best defense and compensation to their clients in New York City.