New York requires workers’ comp coverage for employees, and there are strict inclusions and exclusions identified by state laws. This insurance coverage is financial protection for employees who become injured or ill while on the job.
Individuals may fear leaving a company because of a prior claim opened for an injury, but this should not be the case. There should be no impact on future employment from legally obtaining workers’ compensation benefits.
Injury compensation is the law
You should not have to fear retaliation from a current employer or worry about potential rejection from a potential employer on account of a workers’ comp claim. This is a legal avenue to obtain medical treatment and financial reimbursement for a work-related injury. The laws protect both your current position and prohibit future employers from asking particular details of a past employment situation.
Compensation claims can lead to discrimination
The law does not allow employers to ask about any claims filed or collected. However, potential employers are able to ask about your capabilities for specific tasks. Post-hiring, you can also be subject to undergo specific evaluations to deem whether or not you are able to do the job you accepted. Poor performance or lack of ability can lead to a denied job opportunity.
There is a fine line between what a potential employer may ask when making a hiring decision, and there should be no negative impact on the decision with a prior workers’ comp claim on your record. Should this occur, it could mean you are experiencing discrimination.