Can you get fired for filing a workman’s comp claim against your employers?

Can you get fired while under doctor’s orders and care?

Asked on January 21, 2013 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

1)  Can you be fired for filing a worker's compensation claim? No;  retaliation for filing such a claim is illegal. That does  not mean that you cannot be fired for other reasons after filing such a claim, if such other reasons are legitimate: e.g. excessive unauthorized absenteeim, insubordination, violating employer instructions or policy, etc.

2)  You may be fired while under a doctor's care; being  under a doctor's care does not, in an  of  itself,  protect you from being fired. If you have a disability, you may not be fired because you are disabled  (though again, could be fired for  unrelated valid reasons); if you are out from work but were  eligible for and used FMLA leave, you could not be fired for using such leave (though could be fired for unauthorized absences if you missed work without using sick days or  FMLA leave, or without employer approval). However, the doctor's care/orders does not itself protect you from termination.


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