Most people out of work on workers’ compensation expect their jobs to be waiting for them when they get back, but this might not always be the case. In fact, in some cases, an employer may be justified in terminating an employee while they’re out on extended workers’ compensation. In other cases, it may be illegal for an employer to let a sick or injured employee go.
The skilled legal team at Schwartzapfel Lawyersrepresents New York City workers just like you. Call us now at 516-342-2200 for more information about what to do if you or a loved one has been injured in the workplace or while in the performance of job-related duties. Please know, you may be entitled to more than just workers’ compensation.
How Long Does An Employer Have To Hold A Job For Someone On Workers’ Compensation?
An employer is only required by law to abide by the Family Medical Leave Act guidelines when holding a job for someone on workers’ compensation. An employer is completely free to fire an employee for any legitimate reason the moment their leave period expires.
The most important part of the rules is the need for a legitimate reason. If your employer doesn’t have a legitimate reason for firing you, they may have fired you out of retaliation. It’s against the law for an employer to terminate an employee as a way of retaliating against the employee for exercising their rights.
What Is The Family Medical Leave Act?
The Family Medical Leave Act (FMLA) is a law that was passed in 1993. The act doesn’t provide any benefits or assistance to workers, but it does require employers to allow them to return to their jobs within twelve (12) weeks of starting medical leave. The act applies to most workers, but may not apply to educators or religious workers in most circumstances.
Your job should be protected for the entirety of that twelve (12)-week period. If you’re able to return to work and perform your normal duties at the end of that period, your employer can’t fire you if you’re in good standing with your company. Your employer may be able to fire you if your injury prevents you from resuming your job duties at the end of your FMLA period.
For example, a serious shoulder injury can limit the amount of weight you can lift for months or even years. If you’re a construction worker, heavy lifting is a vital part of your job. It wouldn’t be safe for you to return to your previous job, and even if you did, you wouldn’t be able to fulfill the duties. An employer can terminate you under these circumstances.
For more on this and related topics like personal injury lawsuits, call Schwartzapfel Lawyers now at 516-342-2200 or visit us online to schedule your free consultation and/or case evaluation today.
Who Is Entitled To Workers’ Compensation?
In New York State, most people who experience a workplace-related illness or injury are entitled to workers’ compensation. That said, persons may not be eligible for workers’ compensation for injuries or illnesses that occurred outside the workplace or that weren’t a result of job-related duties. In cases like these, injuries and illnesses that occurred outside of work that were otherwise unrelated to work are handled with normal medical leave.
Moreover, every state has its own guidelines and timelines for filing for workers’ compensation. New York State requires eligible employees to begin their workers’ compensation claim within (30) days of being injured or becoming ill. You must seek medical treatment and notify your employer (in writing) of your injury or illness within the initial (30)-day period. You have up to two (2) years to formally file for workers’ compensation after you’ve completed the first step.
What Happens If My Employer Doesn’t Want Me To Use Workers’ Compensation?
First and foremost, it is against the law for your employer to attempt to prevent you from using workers’ compensation. If your employer tells you not to use workers’ compensation, threatens you regarding workers’ compensation, or makes insinuations that using workers’ compensation will jeopardize your job, you need to report the offense to the Department of Labor.
How Does Workers’ Compensation Work?
Workers’ compensation is a no-fault wage replacement insurance that supplements income and helps to provide medical care for workers who become injured or ill as a result of workplace activity. In New York State, virtually all employers are required by law to carry workers’ compensation insurance as a way of protecting their employees.
Eligible employees can fire a workers’ compensation claim with the help of a seasoned attorney. They may also be entitled to personal injury compensation. The skilled New York City personal injury attorneys at Schwartzapfel Lawyerscan give you practical advice about what to do if you or a loved one has been injured in the workplace. Call us now at 516-342-2200 for more information.
How Long Does Workers’ Compensation Last?
Workers’ comp laws vary by state. Some states have very brief workers’ comp periods, whereas other states allow eligible employees to collect workers’ compensation for up to several years. It all depends on the classification of your disability.
The range of time you’re allowed to collect workers’ comp in the state of New York ranges from (225) weeks to (525) weeks. Continual evaluations of your condition and recommendations from doctors based on your progress can reduce or expand your projected window at any time.
Partial Disability
Temporary partial disability and permanent partial disability refer to your illness or injury and how they can affect you. Temporary partial disability refers to a condition that limits your ability to work for a temporary period of time, like a broken leg. Someone with a broken leg would be able to work a desk job or any type of non-physical labor, which may reduce their earning capacity.
Permanent partial disability refers to a condition that will limit your ability to work for the rest of your life, like a partial amputation. Someone with an amputated lower leg may be limited in their ability to perform certain work tasks, which can reduce their earning potential indefinitely.
Total Disability
Temporary total disability refers to a condition that completely eliminates your ability to work until the condition is resolved, like recovering from back surgery. It can take six (6) months to one (1) year to fully recover from some types of back surgery, and it may not be safe for you to return to work until you’ve healed sufficiently.
Permanent total disability refers to someone’s ability to never fully work again, such as partial paralysis or severe chronic spinal injuries. People who live with permanent loss of movement or chronic pain that doesn’t respond to treatment likely cannot return to their previous positions.
What Should You Do If You Get Hurt?
If you get sick or injured as a result of your work, your first priority should always be to protect yourself. To that end, you should seek proper medical treatment right away and afterward begin the process of filing for workers’ comp as soon as possible.
Remember, it’s highly important to be aware of your rights if you’ve been injured at work or while in the performance of job-related duties. As well, your employer doesn’t have the right to fire you for seeking workers’ compensation. In addition to protection from retaliation, you may also be entitled to financial compensation for any injuries, accidents, or illnesses that have occurred in the workplace or as a result of your work-related duties.
With more than (150) years of combined experience, the award-winning team of New York City personal injury attorneys at Schwartzapfel Lawyersis ready and able to fight for you. Act now to recover financially as you recover physically!
Reach out to us today at 516-342-2200 for a free consultation on your workers’ comp or personal injury claim. Your financial future is worth it.
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!
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