Serving injured workers

In Albany Since 1925

SPECIAL ANNOUNCEMENT : Workers’ Compensation Benefits in NY State has been significantly reduced by legislation that was passed in 2007 and 2017.

Pregnancy, job-related injury risk and compensation

| Mar 30, 2021 | Workers' Compensation

Expecting a child should be an exciting time for your family. Yet, for some working mothers, pregnancy creates problems at work.

It is unlawful for employers to discriminate against pregnant women. When carrying a baby to term, you should be aware of your rights in the workplace, especially when it comes to potential injury compensation.

What concessions should my employer make?

Legally, pregnancy is considered a temporary disability. Your employer must accommodate your condition, as necessary.

You have the right to request:

  • A transfer to a safer or lighter-duty position
  • Time off for medical care
  • Additional rest breaks
  • Modified scheduling
  • Work-from-home opportunities

Despite the temporary disability status that protects you from discrimination, becoming pregnant does not qualify you to receive Social Security Disability benefits. However, New York is one of just a few states that makes pregnancy-related disability benefits available in addition to Paid Family Leave.

Can I get workers’ compensation because of my pregnancy?

Simply being pregnant does not qualify you for workers’ compensation. Changes within your body, though, may make you more susceptible to injuries.

For example, you might experience:

  • Insomnia
  • Cramping
  • Joint pain
  • High blood pressure
  • Shortness of breath
  • Backaches
  • Exhaustion

With the growth of your baby, you may feel less coordinated, and protective equipment may no longer fit as well as it did at your regular size.

If a work-related injury occurs during pregnancy, you would be wise to file a workers’ compensation claim. Your attorney can help you determine eligibility and recover appropriate financial means.