In New York, it is against the law for your employer to terminate you solely based on the fact that you filed a workers’ compensation claim.
New York is an employment-at-will state. So normally, at any point in the relationship, it can be terminated by either the employer or the employee.
In a typical workers’ compensation case, if an employer does terminate you or you’ve been out of work for a period of time, it is permissible within the law to terminate the injured employee, unless they specifically told you that you were being terminated due to filing a workers’ compensation claim.
There are certain employers in New York, for example, the Transit Authority, that will guarantee your job for a certain period of time. They often give employees a year to return to their job.
Q: Does my employer have to keep my job open while I’m out recovering from my workplace injury?
No, there is no requirement under the law to keep your job open for more than a day. Certain companies have internal policies and larger state entities like the city of New York, have policies that they will keep your job open for you for a period of time.
However, there’s no obligation for an employer to keep your position open for one day past the day you’re injured.