Workers Comp And Disability

Summary

In New York State, you can apply for both Workers Compensation and Disability benefits but cannot receive both for the same period. Workers Compensation covers medical costs and wage replacement for workplace injuries, while short-term disability benefits apply if youre unable to work for a short period. Employers cannot retaliate against employees for filing a Workers Compensation claim. If a claim is denied, you can appeal within 30 days and return to work without fear of retaliation. Exceptions to job protection may include inability to perform essential job functions or exhaustion of all leave entitlements. If an employer cites absence due to injury as a reason for termination, it could be seen as disability discrimination or retaliation. Consult a local attorney for personalized advice.

Full Conversation

Let’s say you experience a workplace injury that leaves you disabled and unable to work for like * weeks
In New York State:
- Workers' Compensation can cover medical costs and wage replacement if you're injured on the job.
- Short-term disability benefits could apply if you're unable to work for a short period.
- However, you can't receive both for the same period.

Please consult a local attorney for personalized advice.
Can you apply for both but only accept one if approved for both or are you forced to only apply for one
In New York State, you can apply for both Workers' Compensation and Disability benefits. However, once approved, you must choose one as you cannot receive both for the same period. It's best to consult with a local attorney for personalized advice.
Can an employer fire you for taking time off and applying for workers compensation
In New York State, it's illegal for an employer to retaliate against an employee for filing a Workers' Compensation claim. This means they cannot fire, demote, or otherwise discriminate against you for applying for Workers' Compensation.
What if the workers comp claim is denied and you return to work
If your Workers' Compensation claim is denied in New York State:
- You can appeal the decision within 30 days.
- You have the right to return to work.
- Your employer can't retaliate against you for filing a claim.
Remember to consult with a local attorney for personalized advice.
But can they fire you for the absence?
In New York State, employers are generally not allowed to fire an employee for filing a workers' compensation claim or for the absence during the recovery. However, there may be exceptions depending on the circumstances. It's recommended that you consult with a local attorney.
What’s the exceptions
In New York State, exceptions might include:
- If the business can't reasonably accommodate the worker's injuries
- If the worker is unable to perform essential job functions even with reasonable accommodation
- If the worker has exhausted all leave entitlements
Again, consult a local attorney for precise advice.
What do you mean by exhausted all leave entitlements
"Exhausted all leave entitlements" means that an employee has used up all the leave time (sick leave, annual leave, etc.) that they are entitled to under their employment contract or company policy. After using all this time, the employer may not be obliged to keep the job open.
What if the workers comp claim is approved can they still fire them then?
In New York State, if your Workers' Compensation claim is approved, your employer generally cannot fire you for filing a claim or for your absence during recovery. However, there could be exceptions, as previously mentioned. Always consult a local attorney for precise advice.
What if it’s denied
If your Workers' Compensation claim is denied in New York State:
- You can appeal the decision within 30 days.
- You have the right to return to work.
- Your employer can't retaliate against you just because you filed a claim.
Again, consulting a local attorney would be advisable for personalized advice.
What if they say the absence is why they’re firing you
In New York State, if an employer states that the absence due to a disability or injury is the reason for termination, it could potentially be seen as a form of disability discrimination or retaliation. You may want to consult with a local attorney for advice tailored to your situation.