Help Wanted: Tips on workers' comp retaliation
If a company fires a worker, the worker would most likely qualify for unemployment benefits, unless the employer makes the case that it let the worker go for misconduct. Credit: iStock
You didn't ask about retaliation even though you believe it is a factor in your problems at work. It's a serious issue and, if proved, could mean penalties for the company.
"An employer may not retaliate against a worker because he or she filed or testified in a workers' compensation case," said Joseph Cavalcante, a state Workers' Compensation Board spokesman.
The company could face fines of $100 to $500 if you file a claim and prevail, he said. More significantly, if the company had fired you, you could get your job back and receive compensation for lost wages, among other things, he said. You have two years to file form DC-120 alleging retaliation.
After you file, the board would hold a hearing on the matter. But the onus is on you to back up your claim.
"The burden of proof is on the worker to demonstrate he or she was retaliated against because of his or her involvement in a claim," Cavalcante said.
One side note is that even if the company lets you go, you can continue to receive medical care for your back injury from the workers' comp fund, which companies pay into.
"Once a workers' compensation claim is established, an employee is entitled to lifetime medical care to treat that injury, whether or not the worker remains employed by the same business," Cavalcante said.
As for your entitlement to accumulated vacation time if you're fired, that would depend on the company's vacation policy. Companies often write into their policies that employees forfeit any accumulated paid-time off when they leave their job, for whatever reason. So now is a good time to look into the paid-time-off small print, and if you stand to lose the time, consider using some of it now.
For further information, call the Long Island district office at 866-681-5354 or click here to read more at www.wcb.ny.gov.
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