Can I Be Fired While On Workers Compensation in New York?

Many clients wonder whether or not they can be terminated or fired while out on Workers' Compensation. Unfortunately, the answer is yes. In and of itself, the Workers' Compensation law does not promise to return you to your job. There are specific industries that don’t allow the position to be held until you can return to work. One example of this would be a school bus driver. These jobs can’t leave an open space and have the work go unfulfilled until you can return.

If this is the case, you may be able to collect unemployment benefits, as well as partial Workers’ Compensation benefits. If your degree of impairment doesn’t allow for you to return to work you were injured at but allows you to do other work, or your employer will not take you back until you're 100%, then you will receive partial compensation, along with unemployment benefits.

The math gets complicated in Worker's Compensation and is even more complex when an unemployment benefit component is added. It is also essential to keep in mind that unemployment benefits will not last as long as Workers' Compensation will. The Workers’ Compensation benefits will generally last until you return to some form of employment or you have a permanent partial disability. A cap will then be imposed on your benefits.

When talking to your attorney about Workers' Compensation, it's important to understand how long the benefits are likely to last and how they apply to your particular injury. Depending on what body part you injured will determine the amount you receive and the duration you will benefit. An injury to an arm or a leg is likely to have a shorter amount of time than an injury to your neck or back. These types of injuries are also treated significantly differently than arm or leg injuries.

Understanding the relationship between Workers’ Comp, unemployment, and potential other employee benefits that you have, is critical for you to receive the benefits that you deserve, even if you do find yourself out of a job.

The team at MCV Law strives to help every injured worker get their life back. If you or a loved one has been hurt at work, fill out our free consultation form, and start the steps towards getting your workers compensation benefits.

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