If you’ve been injured at work, one of the first things that probably comes to mind is how filing a workers' compensation claim will affect your job. It’s a question many people have but are often too nervous to ask: “Will I lose my job if I file for workers' comp?” The truth is, navigating the workers' compensation process can feel overwhelming, especially when you’re dealing with both a physical injury and financial uncertainty.
In this post, we’ll clear up some of the biggest concerns about workers' compensation and what happens to your job when you file a claim. From understanding your rights to knowing how to handle tricky situations like light duty or job termination, we’re breaking down the essentials so you can focus on recovery, not worrying about what’s next. Let’s dive in.
One of the most common questions people ask is whether their employer is required to hold their job while they’re recovering from a work injury. The short answer? Not necessarily.
In most states, including New York, your employer doesn’t have to hold your specific job for you while you’re on workers' compensation. That might sound harsh, but it makes sense when you think about it from a business perspective. Imagine you work on an assembly line, and you’re the person who installs steering wheels on cars. If you’re not there due to an injury, the company can’t just stop producing cars—they may need to hire someone else to keep things moving.
However, just because they can replace you doesn’t mean they can fire you for filing a workers' compensation claim. That’s a big no-no, and there are laws in place to protect you from being let go simply because you exercised your right to workers' compensation. So, while your exact job may not be waiting for you when you return, your employer can’t terminate you out of spite for filing a claim.
A major concern for anyone on workers' comp is, “What happens if I get fired while I’m out?” The good news is, being terminated doesn't mean your workers' compensation benefits automatically stop. If you’re still medically unable to work because of your injury, your benefits should continue as long as your doctor confirms your disability.
Now, if you’ve been cleared to go back to work, but your job is no longer available or you’ve been fired for reasons unrelated to your injury, things get a bit more complicated. You might have to start looking for a new job, especially if you’re only partially disabled and can still work in some capacity. But even if your previous employer no longer needs you, you won’t lose your benefits just because you were let go.
The key takeaway? As long as your injury prevents you from working, your workers' comp benefits should keep coming, regardless of your employment status. However, once you're ready to return to the workforce, you may need to explore new job opportunities if your old position isn't available anymore.
What happens if your doctor says you can’t go back to your regular job, but you can still work in a limited capacity? This is where “light duty” comes in. Some employers offer light-duty positions, which are less physically demanding than your original role, to accommodate your injury. But, here’s the catch: employers are not always required to offer light-duty work, especially if your job involves tasks where light duty doesn’t really exist—like in nursing or home health care, where physical strength is critical.
If your employer doesn’t offer light duty and you’re still on the payroll, you might be entitled to reduced earnings benefits. This kicks in when you’re working at a lower wage or fewer hours because of your injury. In New York, for example, you can receive up to two-thirds of the difference between what you were making before your injury and what you're making now. So, if your injury forces you to take a part-time role, workers' compensation may help cover some of that lost income.
The bottom line? If your employer can’t accommodate your injury with a light-duty role or reduces your hours or pay, you might still be eligible for financial support through workers’ comp. Always make sure to talk to your lawyer to ensure you’re receiving all the benefits you’re entitled to.
It’s not uncommon for employers—or more often, their insurance companies—to nudge you to come back to work before you feel fully recovered. This typically happens when the employer receives a report from an Independent Medical Exam (IME) that says you’re able to do some form of light-duty work. Suddenly, you might get a letter offering a job that “fits your restrictions,” but there’s a catch: that medical opinion often comes from the insurance company’s doctor, not yours.
Here’s what you need to do: don’t rush back to work just because you’re being pressured. Always check with your own doctor first. Your doctor knows your injury and recovery better than anyone, and they can confirm if you’re truly ready for the type of work being offered. If there’s a disagreement between the two medical opinions, it’s crucial to talk to your lawyer. They can help navigate this tricky situation and ensure you’re not returning to work before you’re physically ready.
The most important thing is to prioritize your health. Don’t let anyone push you into work too soon—make sure your body is healed enough to handle the demands of the job.
While an employer isn’t required to hold your job open indefinitely, they are prohibited from discriminating against you just because you filed a workers' compensation claim. This is called workers' compensation discrimination, and it’s illegal in many states, including New York.
What does that mean in practice? If your boss is upset that you filed a claim or participated in a coworker’s case (maybe you were a witness), they can’t fire you, demote you, or treat you unfairly as a result. If they do, you have legal grounds to take action.
The tricky part is proving discrimination. Your employer might say they fired you for being late or not doing your job well, which can quickly turn into a "he said, she said" situation. That’s why it’s important to gather strong evidence if you believe you're being targeted—think emails, written warnings, or reliable witness statements. Having concrete proof can make all the difference in holding your employer accountable.
If you’re dealing with this type of discrimination, don’t go it alone. Reach out to a lawyer who can guide you through the process and make sure your rights are protected.
Sometimes, a workplace injury is so severe that you’re unable to return to your previous job—or any job at all. If this is your situation, you may be wondering how workers' compensation will help you in the long run. The good news is, if your injury prevents you from ever working again, you might be eligible for what’s called a permanent total disability.
In cases where you’re deemed permanently and totally disabled, you could receive benefits for the rest of your life. However, getting this classification is no walk in the park—it typically requires extensive medical documentation and a ruling from a judge. But it does happen, and for those who truly can’t return to any kind of work, it can be a lifeline.
If you can still work but can’t go back to your old job, you may qualify for a partial disability. In that case, New York offers vocational rehabilitation services that can help you find a job that fits within your new physical limitations.
One of the biggest fears people have when filing for workers' compensation is, “What if my employer retaliates?” The good news is, it's illegal for your employer to punish you just because you filed a claim. This means they can’t fire you, demote you, cut your hours, or treat you differently simply because you exercised your right to workers’ compensation.
That said, proving retaliation can be tricky. Employers aren’t likely to say, “I’m firing you because you filed a claim.” Instead, they might come up with excuses, like poor job performance or lateness. This is where good documentation comes into play. If you suspect retaliation, make sure you keep detailed records. Emails, texts, written warnings, and even witness statements can be crucial pieces of evidence.
If you believe you’re facing retaliation, don’t just sit on it. Contact a lawyer right away. They can help you file a claim for workers' compensation discrimination and guide you through the process of holding your employer accountable. Remember, your rights don’t end when you get injured, and retaliation is something the law takes very seriously.
I know dealing with a workers' compensation claim can feel overwhelming, especially when you’re also trying to recover from an injury. The most important thing is that you focus on getting better, and I’m here to help with the rest. If you’ve got questions about your rights, your job, or the benefits you’re entitled to, feel free to reach out. Whether you’re just getting started or you’re running into issues with your claim, we can talk through your options and figure out the best way forward.
You can give me, Rex Zachofsky, a call at 212-406-8989, and I’ll do my best to get back to you as soon as possible. No pressure, just here to help answer your questions and make sure you’re on the right track.
