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NY Workman's Comp Laid off New York

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  • NY Workman's Comp Laid off New York

    12 weeks ago I injured my back preventing a resident from falling at work. I have started to receive workman's compensation but received a letter today stating my job could now be posted and I should contact them about how this would affect my other benefits. In their employee handbook they make the statement that light duty will be made available to employees injured on the job, but I have been told they will only allow me to return to work if I am able to return to work at full capacity. I am currently seeing a physical therapist who does not believe I can return at 100% yet, but believe I will be able to in the future. My questions are: Will they be obligated in any way to provide me with my job (or equivalent) back when I am recovered? Are they obligated to provide me with light duty work if their policy states they will make every effort to and this is available to all employees? There was a delay in receiving workman's comp and the appropriate treatment because they do some kind of self insurance deal which requires them to wait and see if I will be out more than ten days b4 referring it to workman's comp, but they are counting that time in their twelve week time frame. Is this legal?

  • #2
    Since you've already been out of work for 12 weeks, even if you qualified for job protection under FMLA (which we don't have enough information to determine), that time is now up and it would be legal for the employer to terminated your employment.

    The employer is not required to follow its policy regarding light duty and, although it is a good idea to provide it if it is available (especially with WC injuries), it's not a violation of any law if they don't.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      thank you for your quick response.

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