Free Case Evaluation AVAILABLE 24/7

Close this search box.

Is My Job Protected While I Pursue a Workers’ Compensation Claim?

Workers Compensation Attorneys Queens & New York

If you have been injured on the job and need to seek compensation under New York’s workers’ compensation laws, you may have some concerns about whether or not your job will still be there for you, especially if it will take some time for you to heal. Can your employer replace you? What potential rights do you have to ensure that you can go back to work when you are healthy?

First, it’s important to understand that your employer cannot terminate you or discriminate against you in any way because you have filed for or are seeking workers’ compensation benefits. This can be difficult to prove, but if you can show that you lost your job in whole or in part because of your workers’ compensation claim, your employer can be found liable for discrimination, be ordered to pay damages and to reinstate you.

In addition to workers’ compensation laws, there are state and federal worker protection laws, such as the Family and Medical Leave Act (FMLA), which may come into play. With companies that are governed by the FMLA, employees may take up to 12 weeks of unpaid leave for legitimate medical reasons and have their jobs held for them until they return.

If you are a union member, there’s a good chance that your union agreement also affords you some protection, should you be out of work because of a work-related injury. Every contract is different, so  you’ll want to have your union agreement reviewed by an experienced attorney to determine the extent of your rights.

Will My Job Be Protected If I File a Workers’ Compensation Claim?

Experienced Workers Compensation Attorneys in New York

At Pyrros & Serres LLP, we provide comprehensive counsel to people with workers’ compensation and Social Security disability claims in Queens and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our workers compensation practice area overview page

About The Author

Picture of Michael Serres, ESQ.

Michael Serres, ESQ.

Michael Serres, ESQ. is a reputed Workers’ Compensation Lawyer in Astoria, Queens, NY. He graduated from St. John’s University School of Law in 1989. Mr. Serres was admitted to practice law in New York State in 1990 and is admitted in the Federal District Courts for the Southern and the Eastern Districts of New York. He has served on the Board of Directors of the Workers’ Compensation Bar Association and is currently serving on the Board of Directors of the Queens County Bar Association.