- February 10, 2025
- Tucker Law
- Work Injury
Workplace injuries can make your life difficult. Not only must you cope with a new health challenge, but you may also have to deal with bills piling up due to lost wages. This becomes especially likely if your claim is initially denied and requires you to attend a hearing. And if navigating injuries and financial issues isn’t enough, you may also face intimidation from your employer. If you believe your boss or employer is retaliating for your filing a workers’ compensation claim, it’s important that you be proactive. To help, here’s a guide to some of the most common forms of employer intimidation, the rights you have in this scary situation, and how an attorney can assist you.
Common Forms of Employer Intimidation
Workplace intimidation comes in many forms. Look out for the following strategies employers may use to retaliate against or coerce you into making a decision that only benefits them.
Threatening Termination or Demotion
Employers often reassign employees to a different job after a work injury if they can no longer perform their duties. However, some may threaten you with termination or demotion to pressure you to return to work or to not file a claim at all. They may even give you negative performance reviews or pretend there is a reason to fire or demote you. Employers want to protect their bottom line, and they may seek to do so by reducing workers’ compensation costs. This could be their way of accomplishing that goal.
Getting You to Take Blame for the Injury
Your employer may try to intimidate you into taking the blame for your injury. New York is a “no-fault” state when it comes to workers’ compensation, which means an employee can receive benefits even if their injury didn’t arise from employer negligence. However, there are circumstances where an employee would not be entitled to these benefits, such as in the case of intentional injury or an injury that occurred while the employee was under the influence. You may also not receive compensation if the injury isn’t work-related. Your employer could pressure you to admit one of these things so they don’t have to pay for your claim.
Psychological Intimidation
This type of intimidation can create a stressful and sometimes downright hostile workplace. To keep you from filing a claim, your employer may begin insulting or belittling you in front of other employees. They may also claim that you’re lying about your injuries. You may be tempted to avoid filing a claim after an injury just so that you can go to work in peace. However, it’s important to recognize that this is a form of intimidation, and you do have a right to have a workplace free from issues like these.
If you believe you’ve experienced any of these forms of intimidation, contact our Tucker Lawyers PC team today at (516) 399-2364 for a free consult to help determine your next steps.
Your Rights After a Workplace Injury in NYC
Despite what an employer may tell you, you have certain rights when you get hurt on the job. It’s crucial to know what you are entitled to.
The Right to Seek Medical Treatment
Some employers may try to downplay your injuries or tell you that you don’t need to seek medical treatment. However, you have a right to be seen by a medical professional. While New York does require you to see a provider within your employer’s PPO for your initial 30-day treatment period, you are entitled to see any physician you choose thereafter.
The Right to File a Worker’s Comp Claim
If you’ve been injured on the job in New York, filing a workers’ compensation claim is your right. While you must notify your employer in writing within 30 days of your injury or illness, you don’t need their permission to move forward with filing a claim. If an employer tells you that you cannot or should not file one, this can be a form of intimidation or misinformation.
In the state of New York, it is illegal for an employer to discourage you from filing a claim.
The Right to Be Free From Retaliation
According to New York Labor Law Section 120, it is unlawful for your employer to intimidate or retaliate against you because you’ve filed a workers’ compensation claim. You have the right to pursue legal action if your employer has discriminated against you in this way.
What to Do if You’re Facing Intimidation
If you’re facing intimidation from an employer, your first move should be to document everything that’s happening to you. That means saving any email, text messages, or letters related to your injury or claim. You can also make note of any threats, harassment, or activities you believe to be retaliatory in nature, recording the date, time, and location of each incident. If possible, you may also want to collect statements from co-workers who witnessed these incidents.
Next, you can report inappropriate activities to human resources. Not every workplace has an HR department, but you can still file a complaint and ask them to stop their intimidating behavior. Even if they refuse, you may be able to use that response to bolster your case. Once you have filed a written complaint at work, you may wish to file one with the New York State Workers’ Compensation Board as well.
The Role of a Workers’ Compensation Attorney
When you’ve been injured on the job, it’s likely that you already have many questions, such as:
- What if the injury was my fault?
- How do I stop workplace intimidation?
- How long do I have to file a claim?
- What if my claim is denied?
An attorney with deep knowledge of workers’ compensation law can answer these and any other questions you have. They’ll also take on the work of investigating your case, filing paperwork, and completing other important legal actions so you can focus on healing.
Contact an Experienced New York City Workers’ Compensation Attorney Today
With the help of an attorney, you’ll have the proper knowledge, strategy, and confidence to fight for your rights after a workplace injury in NYC — even in the midst of a hostile situation. If you believe your employer is trying to intimidate you in any way after a workplace injury or workers’ compensation claim, we can inform you of your rights and help you pursue what the law entitles you to.
Contact our Tucker Lawyers PC team today at (516) 399-2364 to get started with a free consult.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]