Losing your job under any circumstances can be one of the most challenging experiences that can happen to a person. Transitions are always tough, and the emotional hit can be draining. But, when you lose your job after a workplace injury and are receiving workers’ compensation it can increase the stress level to new heights.
The first question is what happens to workers’ compensation benefits if you lose your job?
The answer in most situations is nothing. When you were injured at the workplace and your local workers’ compensation attorney helps you through the application process to get the compensation you deserve, it is now handled through the insurance company and your right whether you remain employed or not. In fact, since you are entitled to lost wages under the workers’ compensation in New York you can continue to receive the amounts you were previously receiving.
The situation changes if you were fired because of your workers’ compensation claim.
This, in the Bronx, and all of New York is 100% illegal. Your workers’ comp attorney can assist in a new lawsuit to sue your previous employer for wrongful termination that was a punishment for pursuing your legal rights of workers’ compensation. You must never let the workers’ comp insurance company or your employer bully you into dropping the claim.
This however does not mean that your employer needs to reserve your job position while you are out on medical leave due to the workplace injury. They are legally allowed to replace you, as long as it is not a punishment.
Additionally, if your disability or injury, from the workplace accident, will prevent you from completing the work in the future, which is common in blue-collar jobs, but true across the whole job market, you can be laid off as well.
The important process after an injury is to ensure you have the benefits from WC insurance to continue and to focus on the recovery process. Hitting the job market again, especially after an injury can be a challenge, but it is not impossible.
If your injury caused a disability which is long term and prevents you from ever working again, it is then possible to file disability claims for the long term. In most cases, this allows up to ⅔ of your wage and will continue to be paid to workers in the Bronx under New York state law.
If you have experienced a workplace injury and need professional legal representation through the workers’ compensation process contact:
G&F Bronx Workers Compensation Firm 1963 Grand Concourse #2nd Fl Bronx, NY 10453 (718) 269-3881