Legal Question in Workers Comp in New York

Re: returning to work

Not really. A compensation injury does not guarantee on-going full employment. They cannot fire you simply because you filed a claim. But on the other hand, the compensation law was created recognizing that employers have work for individuals who can do the work so they do not have to keep a job open. If you cannot do the work they can find somebody who can, even if they are the ones who caused your injury. So they can fill your job with someone else or eliminate the job due to economic reasons. You may still be protected even if that happens. If your release to return was with at least some restrictions, you are still entitled to claim partial compensation. If you return to work with another employer at lower pay, you may be entitled to some compensation as well. You may also apply for unemployment.