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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.