Legal Question in Workers Comp in New York

Re: Terminated while on workman's comp

If you were injured at work and disabled for only 12 weeks you should not have been terminated. However, you also should not have been out on the FMLA. You need to consult a good workers compensation attorney.

Re: Terminated while on workman's comp

Workers compensation unfortunately doesn't guarantee continued employment. In fact, that is why the system was created. It was designed to compensate you if your injury prevents you from returning to your old job. The downside is that your employer doesn't have to keep the job open indefinately even if you eventually make a full recovery. That may leave you fully recovered but without a job. You may then be eligible for unemployment. The compensation law does prohibit an employer from firing you in retaliation for having filed a claim. In otherwords: employer says "if you file a claim you are fired." That doesn't sound like the case here. There may be some additional compensation benefits available to you even if your doctor released you to go back to work if you have a permanent loss of motion in the joint. Typically you would be eligible to raise that claim one year after the surgery or injury date. A lawyer is helpful in figuring out how to raise that claim.