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  1. #1
    Join Date
    Oct 2006
    Posts
    1

    Default Loss of Position Due to a Work-Related Injury in New York

    i have found out though a fellow employee that i lost my current position to another employee due to my injury. ive was on light duty for a month then taken out of work by doctor for a month got my surgury and now supposed to be back after 6 week of therapy. my question is:

    Can i lose my job position due to work related injury for a position with greatly less paying position after most likely been out of work 4 months?

    other question: to me this seem like a discrimitory action knowing i cant afford to take other position due to my living expenses. thus forcing me to get another job to pay my bills. what actions can i take to prevent this from happening? or am i just screwed due to some loophole in the system.

    jake77 newyork

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Loss of position due to work related injury in New York

    You're not being fired because you had a work related injury. You're being fired because you have been out of work for longer than the law says they have to hold your job for.

    Unless NY state law grants additional time to employees with work related injuries (and they may; I just don't know offhand, you'd have to call the state workers comp commission) the longest the law requires your employer to hold your job is 12 weeks. After that, it is legal to term you. Even if the absence is due to an illness or injury.

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