It is against the law in New York for your employer to fire you based solely on the fact that you have filed a workers’ compensation claim. New York is an employment-at-will state, which means at any point in your stay with a company you can be terminated by either the employer or the employee.
In a typical workers’ compensation case, if your employer terminates you or you have been out of work for a length of time, the law permits the employer to terminate your employment, unless they specifically told you that you were being terminated due to filing a workers’ compensation claim.
In New York, there are certain employers like the New York City Transit Authority, that will guarantee your job for a certain amount of time. They often give their employees one year to return to their job.
Question – Does my employer have to keep my job open while I’m out recovering from my workplace injury?
Answer – No, under current law there is no requirement for them to keep your job open for more than a day. Depending on your company, some have a policy that they will keep your job open for a certain length of time. However, the company has no obligation to keep your position open for one day beyond the day that you were injured.
Contact our New York Workers’ Compensation Lawyers Today
Call our Syracuse offices at (315) 424-1105 or contact one of our New York Workers’ Compensation attorneys by filling our convenient online form or talking with one of our chat operators. We offer free, private consultations at our Syracuse offices.
At McMahon Kublick, PC, we provide our personal injury and workers’ compensation legal services on a contingency fee basis. This means that you only pay if you win your case. Personal Injury and Workers’ Compensation matters are time-sensitive in New York State so don’t delay in contact us. Contact our award-winning workers’ comp legal team today to find out the legal options available to you now.
