By: Michael J. McConnell – Westchester County Workers’ Compensation Lawyer serving Westchester, the Bronx, Rockland, Manhattan, and New York State.
Each year, millions of working women in the United States will become pregnant. While continuing to work throughout a pregnancy is generally considered safe, there can be additional challenges and risks. One such risk is a greater likelihood of sustaining a work-related injury while pregnant.
In New York, if you are injured at work while you are pregnant, you may be entitled to workers’ compensation benefits. These benefits can include compensation for lost wages and medical treatment related to the injury.
In this article, I will briefly discuss the following:
- Statistics regarding pregnant employees in the workforce.
- Common work-related injuries for pregnant employees.
- A general overview of the workers’ compensation benefits available to pregnant employees injured at work in New York.
As always, if you have questions about a work-related injury that occurred while you are pregnant, it is recommended that you consider a free consultation with a workers’ compensation lawyer who can assess the particular facts of your case and provide the appropriate guidance best suited for your situation.
Additionally, if you have been injured on the job while you are pregnant, you should immediately contact a doctor such as your OB/GYN and seek immediate medical treatment to ensure that you receive proper care.
Working While Pregnant by the Numbers
While the precise number of women working during their pregnancy each year is unknown, it is estimated that at any given time it is probably around 2% of the entire workforce.
Additionally, just as the overall number of women in the workforce has rapidly increased over the past 50 or so years, so too has the percentage of women working while pregnant. For example, between 1960 and 2008 there was roughly a 25% increase in the percentage of women who continued to work while they were pregnant with their first child. And this percentage has likely increased over the past 15+ years due to progress on legal protections against pregnancy discrimination in the workplace.
In addition to the overall number of women continuing to work while pregnant, we have also seen a significant jump in how long women continue to work before giving birth. As of 2015, it was estimated that 82% of women who continued to work while pregnant did so until at least a month before giving birth. That number is likely even higher today.
The Impact of Pregnancy on the Ability to Work Safely
As mentioned above, most workers can continue working while pregnant, but according to the Mayo Clinic there are several safety precautions that pregnant women are encouraged to take while working. These include but are not limited to avoiding the following things:
- exposure to harmful substances;
- prolonged standing;
- heavy lifting, climbing, or carrying;
- excessive noise;
- stress.
These precautions are typically cited as a measure of ensuring a healthy pregnancy, which is often the foremost concern of expecting mothers. However, what is less commonly thought about is the impact that pregnancy has on increasing one’s susceptibility to a workplace injury.
According to Healthline in an article medically reviewed by OB/GYN Dr. Valinda Riggins Nwadike, there are several pregnancy symptoms that pregnant workers should be mindful of, including:
- Fatigue;
- Hydration;
- Back and/or pelvic pain.
It is well understood that each of these symptoms significantly increases the likelihood of a work-related injury.
For example, both fatigue and dehydration have been cited as leading causes of workplace injuries according to reputable sources such as the Occupational Safety and Health Administration (OSHA) and the National Safety Council (NSC).
With respect to back and pelvic pain, the Healthline article cited above notes that during pregnancy “you may have more aches and pains throughout your body as your hormones loosen your ligaments and joints. In particular, your back or pelvis may hurt as your belly grows.”
This increased stress on the body during pregnancy can make it difficult to maintain good posture, maintain balance, and safely lift things at work. If your work duties require long periods of standing or moving around, you could experience additional strain on various muscles and joints that you did not experience before becoming pregnant.
Common Workers’ Compensation Injuries for Pregnant Women in New York
According to the National Women’s Law Center, pregnant women are more likely than others to hold jobs that require long periods of standing and lots of movement.
For example, they state that pregnant women are significantly more likely to be employed in jobs that “make up the backbone of our community” such as:
- Elementary school teachers
- Nurses
- Home health aides
- Cashiers
- Housekeepers
- Cleaners
- Waitresses
Common to each of these jobs is that they require long periods of standing, lots of movement, long hours, high stress, and lots of responsibility. In the case of nurses and home health aides in particular, their job can be incredibly physically demanding (e.g., helping lift elderly patients, etc.).
As noted in the section above, pregnancy symptoms such as fatigue, dehydration, and back/pelvic pain from the loosening of ligaments can all be significant risk factors for sustaining a work-related injury. The fact that a significant percentage of pregnant women with these risk factors work in physically demanding jobs also further increases the risk of a work-related accident.
For example, a fatigued worker might be more likely to trip and fall or get cut from a piece of sharp equipment. A dehydrated worker is at increased risk not just for heat-related illnesses but also things like muscle strains, tears, and bone fractures.
Significantly, the back and pelvic pain that pregnant women may experience can cause issues with balance and posture.
Without their normal balance, a pregnant worker can be more susceptible to a trip/slip and fall accident. In fact, a 2010 study found that 64% of all injuries sustained by the participants in the study during their pregnancy were caused by falls.
It is also well known that a lack of proper posture can increase the risk that a pregnant worker will develop an injury from lifting an object at work or develop a repetitive strain injury. These repetitive strain injuries can be increasingly prevalent in a wide range of jobs, including very physically demanding jobs like nursing or even sedentary office jobs that require a lot of typing.
Given the above, the following list is a helpful example of some of the common workplace injuries for pregnant workers that could entitle them to workers’ compensation benefits in New York:
- Back pain
- Broken bones (fractures)
- Torn rotator cuff
- Ankle sprains
- Hip pain
- Knee pain
- Meniscal tears
- Carpal tunnel syndrome
- Concussions
- Lacerations
- Repetitive strain
- Chemical exposure
- Bruises
- Scrapes
- Hand/wrist pain
Can I Get Workers’ Compensation in New York if I’m Pregnant?
In New York, you can receive workers’ compensation benefits if you are pregnant and had a work-related accident.
As mentioned above, it is not by any means uncommon for pregnant workers across New York – including Westchester, Rockland, the Bronx, and Manhattan – to get hurt at work while they are pregnant. If you had an accident at work that caused an injury, you can generally get workers’ compensation benefits in New York. Whether you are pregnant or not shouldn’t make a difference.
There are also various state and federal laws that could protect you from pregnancy discrimination by your employer. Therefore, denying workers’ compensation benefits to an injured worker on the basis of their pregnancy could violate the law.
What Types of Workers’ Compensation Benefits are Available for Pregnant Workers who Get Hurt at Work in New York?
The benefits available through New York workers’ compensation for injured workers, including those who are pregnant, may include the following:
- Compensation for lost wages if you miss time from work due to your injury;
- Medical expenses for treatment related to the injury:
- Permanency benefits if you end up having permanent impairment from your injury.
In general, compensation for lost wages can be up to two-thirds of your average weekly wage subject to a state maximum and minimum. The average weekly wage is based on your gross earnings, and the workers’ compensation benefits you receive are tax free.
Medical treatment that is necessary and consistent with the New York State Medical Treatment Guidelines (MTGs) will be covered in full, so you should not have to pay for medical treatment for the work-related injury.
Permanency benefits may apply at some point if your injury becomes permanent. Whether you might be eligible for permanency benefits is typically determined at least a year or so after your injury, and the type of compensation available to you might depend on several factors, including: the specific body part(s) you injured, the severity of the injury, and/or your ability to work.
It is really important to keep in mind, however, that the workers’ compensation benefits available to you only apply to the work-related accident. The pregnancy itself, including things like maternity leave, will typically be covered by other programs either through your employer or New York State. It is important to keep in mind that there is a distinction between the pregnancy itself and the work-related accident/injury.
Hypothetical Example of Workers’ Compensation for an Injury While Pregnant
To help illustrate how this might work, let’s go through a hypothetical example. Suppose we have a nurse who continues working throughout her pregnancy. At the time of the accident she is 6 months pregnant, and she trips and falls at work while assisting a patient. Fortunately the baby is totally fine, but our injured worker did suffer a severe ankle sprain along with a fractured wrist.
Based on the above facts, this would be a covered work-related injury. The necessary medical treatment related to the ankle and wrist injuries would be covered by workers’ compensation. The nurse would also be eligible for compensation for lost wages if her doctor states that she cannot work due to the injuries. The doctor would just need to make clear that the reason for the inability to work is at least in part because of the injury.
In fact, even after the nurse gives birth, she could still potentially receive workers’ compensation benefits if her doctor continues to say that these injuries prevent her from working. Things can get a bit complicated in that scenario due to the overlap between the injury and the birth (as well as the different programs available for the absence from work), so it is generally a good idea to consult with a workers’ compensation lawyer in that situation who will have a full understanding of the unique facts of your case.
Conclusion
If you or someone you know is pregnant and got hurt at work in New York, they could be eligible for workers’ compensation benefits. The mere fact that you are pregnant will not be a barrier to receiving workers’ compensation benefits if you were injured on the job in New York.
If you got hurt at work while you are pregnant, please contact the Law Office of Michael J. McConnell today for a free consultation.
Michael J. McConnell is a Westchester County workers’ compensation lawyer serving Yonkers, Mount Vernon, the Bronx, New Rochelle, White Plains, NYC, and the rest of New York State.
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