Can You Get Workers’ Comp If You’re Fired in New York?

Being fired does not cancel the claim

A workers’ comp claim is based on an injury that happened while you were employed, so being let go afterward does not by itself end your right to benefits for that injury. Medical benefits for the work injury and any wage benefits tied to your disability are about the injury, not your current job status.

What can change is how wage-replacement benefits are calculated or continued if your work situation changes, since those benefits relate to lost earning capacity.

Two different issues

Keep two things separate. One is whether you can still get comp after a firing – generally yes, for the established injury. The other is whether you were fired because you filed a claim, which is a retaliation question and is treated separately under New York law.

If your termination looks tied to the claim, that is a distinct issue with its own proof requirements, not just a comp question.

What to do

Keep treating with your authorized provider and keep your claim active and documented. If you were already receiving benefits, make sure the carrier and Board have your current contact information.

If you believe the firing was retaliation for the claim, or your benefits are affected by the job loss, that is a good point to consult a licensed New York attorney.

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