Can I get fired for suing my boss? First things first. You can’t really sue your employer if you got hurt at work. Work-related injuries happen all the time, especially if you’re working in a high-risk environment. However, most of the time workers can make use of workers compensation provided by the employer which pays for their medical bills and financial losses due to out-of-work days. Workers compensation also means that you can’t sue your company for personal injuries on top of being compensated. Yet, there are a few exceptions to the rule.
When can I sue my boss for personal injuries?
- If your employer didn’t compensate you according to the worker compensation agreement
- Wrongful termination
- Intentional injury (in some states, including New York)
- Third party injury (if you know for a fact that your employer knew you were dealing with a trigger-happy, reckless maniac)
- Exposure to toxic substances (on purpose or through gross negligence)
- Defective work products or tools (providing the employer knew about it)
Can I get fired for suing my boss?
Well, if your employer is completely unreasonable, we guess you could get fired. Who knows how your employer will react. They might demote you, belittle you or even fire you. The good news is that there is one more reason for which you can sue your employer for personal injury – Retaliation. If you’ve filed a workers compensation claim and your employer turns into a big meany about it, you can sue them for personal injury. By law, they are not allowed to retaliate against you by firing you, demoting you or otherwise treat you unfairly.
The final answer
If you got injured at work, you can’t sue you your employer except under very specific circumstances. You have to file for workers compensation. There is a chance that you could get fired. But the law protects you against such actions by allowing you to sue for personal injury due to retaliation.
Please call the Experienced New York City Personal Injury Attorneys at Linden Law if you have questions about your potential case at 212-804-8440.