No - and what the insurance company does not want you to know is that New York law specifically bans firing or punishing you for claiming workers' compensation.

Under New York Workers' Compensation Law § 120, an employer cannot discharge, threaten, demote, cut pay, or otherwise retaliate against you because you filed a claim, testified, or sought workers' comp benefits after a job injury.

That matters in Manhattan jobs where employers try to blur the issue - a restaurant worker falls when a ceiling collapses, or a construction worker gets hurt during a summer heat wave above 95 degrees, and the boss says to "just use Medicare" or "take light duty or don't come back." They are not allowed to punish you for reporting the injury and opening a comp case.

If retaliation happened, you can raise a Section 120 discrimination claim with the New York Workers' Compensation Board. The Board can order remedies that may include:

• Reinstatement
• Payment of lost wages
• A penalty against the employer

New York is still generally an at-will employment state, so employers sometimes try to hide retaliation behind another excuse like "position eliminated" or "performance issues." That is why timing and proof matter. Save texts, write down what was said, keep termination notices, and preserve any work restrictions from your doctor.

Separate issue: your employer also cannot force you to skip comp and bill your regular insurance first for a work injury. In New York, the work injury should be reported to the employer within 30 days, and the employee's claim is generally filed with the Board within 2 years of the accident or disability.

If someone besides your employer caused the injury - for example, a property owner, outside contractor, delivery company, or scaffold company on a Manhattan site - a third-party injury claim may exist on top of workers' comp.