Legal Question in Workers Comp in New York

Re: job loss

Unfortunately the answer is yes. The compensation system was set up for that very reason...to provide some sort of safety net for injured workers who cannot return to the work that injured them. The law prohibits terminating an employee as a retaliation for filing a claim but that does not mean you are guaranteed to have your job kept for you once you go out. Of course if you filed a claim,lost a few days from work and then returned, that may be the basis for a retaliation claim but in general, employers may fill a vacant position created by an injury on the job.