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Employer Policy Re: Firing of Employees Injured in Preventable Accidents Was Discriminatory

The Third Department determined a policy which required probationary employees injured in a preventable accident to be fired, but did not require the firing of uninjured probationary employees who were observed working unsafely, improperly served to dissuade injured employees from seeking Workers’ Compensation:

Workers’ Compensation Law § 120 prohibits an employer from discriminating against  an  employee  because  that employee  either claimed or attempted  to claim workers’ compensation  benefits….  In enacting Workers’ Compensation Law § 120, the Legislature intended “to insure that a claimant [could] exercise his [or her] rights under the [Workers’] Compensation Law  . . . without fear that doing so [might] endanger the continuity of [his or her] employment… .

…[T]he policy …has a discernible impact upon probationary employees who are injured in work-related accidents, i.e., employees who  potentially could seek workers’ compensation  benefits.    The policy  effectively categorizes probationary employees into two groups: those who violate safety rules but are not injured, and those who violate safety rules and  are injured – with only the latter group automatically forfeiting their right to work  for the employer….   Such a policy dissuades those probationary employees who are injured in the course of their employment and wish to remain employed from reporting their injury and pursuing workers’ compensation benefits, which, in turn, runs counter to the Legislature’s intended purpose of insuring that employees  can exercise  their rights under  the  compensation  statutes  “without fear that doing  so may  endanger  the continuity of [their] employment”… .  Matter of Rodriguez v C& S Wholesale Grocers, Inc, 516124, 3rd Dept 7-3-13

 

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