Generally, an employer is not required to hold the injured worker's job in the event of a work injury. However, an injured worker may be covered by a union contract, personal service contract, employee benefit, and/or State Law or Federal Law.
Section 125 of the Workers' Compensation Law prohibits an employer from firing or discharging an employee in retaliation for filing a workers' compensation claim or receiving workers' compensation benefits.
When faced with discharge from employment, an injured worker should review all possible job protections that may be available by employer agreement, whether through a union contract, personal service contract, or employee benefit to determine the full extent of any benefit or coverage and protection that may be available. Likewise, federal and state laws may offer limited protection. Many injured workers are afforded protection under the Family Medical Leave Act and for the Americans with Disabilities Act.
Contact Kirk & Teff, LLP today if you think that you can benefit from
the knowledge of a workers' compensation attorney in Hudson Valley!