What If I’m Not Ready to Return to My Job After a Work Injury?

Your employer doesn’t have the authority to override your doctor’s restrictions, and if they’re trying to, that’s something your attorney needs to know about immediately. You should document every conversation where your employer pushes you to come back, including any texts, emails, or voicemails. Also note if you feel like your job is being threatened.

Retaliation against workers for filing or pursuing workers’ compensation claims is illegal in New York.

New York is an at-will employment state, which means your employer could terminate your employment for a pretty wide array of reasons. However, as mentioned above, they can’t fire you just because you filed a workers’ compensation claim or because you’re following your doctor’s orders. If you’re terminated from your job and the timing lines up with your claim or your refusal to return to work because of medical reasons, that’s worth discussing with an attorney.

It’s also worth noting that your employer generally isn’t required to hold your specific job open indefinitely. Unless you qualify for protection under the federal Family and Medical Leave Act, your position may be filled while you’re out. Workers’ compensation is meant to protect your income and medical benefits, not your specific role at work.

Longer-term benefits may be available if your injury results in a permanent partial or total disability. Permanent partial disability benefits are calculated based on the nature of the impairment and your wage loss, whereas permanent total disability benefits apply in the most severe cases where a worker can no longer work in any capacity.

New York also has vocational rehabilitation programs designed for workers who can’t return to their previous job but could potentially work in a different field. If you reach maximum medical improvement and still can’t go back, your attorney can help you decide whether a settlement or ongoing benefits would make the most sense for your situation.