This concern is one that most injured workers have prior to filing their workers' comp claim. Let's get into what your rights are in this situation, how to handle tricky circumstances like light duty or job termination and what your options are when it comes to your job and your workers' comp claim.
The short answer? Not necessarily.
In most states your employer doesn’t have to hold your specific job for you while you’re on workers' compensation.
However, just because they can replace you doesn’t mean they can fire you for filing a workers' compensation claim. That’s a big no-no, and there are laws in place to protect you from being let go simply because you exercised your right to workers' compensation.
So, while your exact job may not be waiting for you when you return, your employer can’t terminate you out of spite for filing a claim.
Sometimes, your employer—or more likely their insurance company—might try to push you back to work before you’re fully healed. This usually happens after they get a report from an Independent Medical Exam (IME) saying you can handle some kind of light-duty work. Next thing you know, you get a letter offering a job that supposedly “fits your restrictions.” But here’s the thing: that medical opinion often comes from the insurance company’s doctor, not yours.
So, what should you do? Don’t feel pressured to rush back to work. Check in with your own doctor first. They know your injury and recovery process better than anyone else and can tell you if you’re really ready for the work being offered. If your doctor and the insurance company’s doctor don’t agree, it’s super important to get in touch with your lawyer right away.
What if your doctor says you can’t go back to your regular job but you’re still able to work in some limited way? That’s where “light duty” comes into play. Some employers offer light-duty jobs that are less physically demanding than your usual role to help you stay on the job while recovering. But here’s the thing: not every employer has to offer light-duty work, especially if your job doesn’t have an easy way to scale back the physical demands—like nursing or home health care, where physical strength is a big part of the job.
If your employer doesn’t offer light duty and you’re still technically on the payroll, you might qualify for reduced earnings benefits. This happens when you’re working fewer hours or earning less because of your injury. For example, in New York, you can get up to two-thirds of the difference between your pre-injury earnings and what you’re making now. So, if you’re forced to take a part-time job, workers’ comp can help make up some of that lost income.
If your employer can’t give you a light-duty job or your injury leads to reduced hours or pay, workers’ comp might still step in to help cover the gap.
Employers don’t have to keep your job open forever, but they’re not allowed to treat you unfairly just because you filed a workers' comp claim. That’s called workers' compensation discrimination, and it’s illegal in many states.
So, what does this look like in real life? If your boss is mad that you filed a claim—or even if you helped out in someone else’s case, like by being a witness—they can’t fire you, demote you, or treat you differently because of it. If they do, you’ve got the right to take legal action.
The tough part is proving it. Employers might say they fired you for being late or not doing your job well, and suddenly, it’s your word against theirs. That’s why it’s key to collect solid proof if you think you’re being singled out. Emails, written warnings, or statements from coworkers who saw what happened can go a long way in backing up your case and holding your employer
Here’s some good news: getting fired doesn’t automatically cut off your workers’ comp benefits. If you’re still unable to work because of your injury, your benefits should keep going as long as your doctor says you’re not ready to return.
Now, if your doctor has cleared you to go back to work, but your job isn’t available anymore—or you were fired for something unrelated to your injury—it gets a little trickier. You might need to start job hunting, especially if you’re only partially disabled and able to work in some capacity. But don’t worry—just because your old employer doesn’t have a spot for you anymore doesn’t mean you lose your benefits.
The bottom line? As long as your injury is keeping you from working, your workers’ comp benefits should continue, no matter what happens with your job.
Sometimes a workplace injury is so serious that you can’t go back to your old job—or any job, for that matter. The good news? If your injury means you’ll never be able to work again, you might qualify for something called permanent total disability.
If you’re considered permanently and totally disabled, you could get benefits for the rest of your life. But here’s the thing: getting that classification isn’t easy. It usually takes a lot of medical evidence and a judge’s decision. That said, it does happen, and for those who truly can’t work at all, it can be a real lifeline.
Now, if you can still work but just can’t do your previous job, you might be eligible for partial disability instead.
If you’ve got questions about your rights, your job, or the benefits you’re entitled to, feel free to reach out. Whether you’re just getting started or you’re running into issues with your claim, we can talk through your options and figure out the best way forward.
You can give me, Rex Zachofsky, a call at 212-406-8989, and I’ll do my best to get back to you as soon as possible. I'm here to help answer your questions and make sure you’re on the right track.
