• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
Long Island Injury Lawyers

suffolk 631.451.7900

nassau 516.451.7900

  • Home
  • About Us
    • Attorneys
      • Ted Rosenberg
      • Michael Gluck
      • Matthew H. Bligh
      • Erin M. Hargis
      • Michael J. Famiglietti
      • Robert Dallas
      • Diane Spinner
      • Svetlana Walker
      • + View All
    • Review Us
    • Firm Overview
    • Areas We Serve
    • Charitable Giving
    • Auto Safety And Technology Scholarship
    • 2018 Scholarship Contest
  • Practice Areas
    • Car Accidents
    • Truck Accidents
    • Dog Bites
    • Medical Malpractice
    • Bicycle Accidents
    • Construction Accidents
    • Nursing Home Abuse
    • Wrongful Death
    • Premises Liability
    • Dangerous Drugs
    • + View All
  • Resources
    • Blog
    • Video Center
    • FAQs
  • Case Results
  • Testimonials
  • Contact Us

Experienced Trial Attorneys

Request Free Consultation

Home » Blog » Medical Treatment » How to Protect Your Job after a Personal Injury

How to Protect Your Job after a Personal Injury

Follow @rosenberg_gluck
Tweet

Long Island, New York, Personal Injury Lawyer

After a serious accident, you may need weeks, if not months, to recover. As a result, you may not be able to return to work for a long time. While you may be eligible for certain medical benefits through your employer, if you fail to take certain steps after a serious accident, you could lose your job. It is important to remember that New York is an “at-will” employment state; in other words, your employment is considered to be “at your own will” Or “at the will” of your employer. Consequently, except in cases involving protected classes of people or when employees exercise certain legal rights, an employer can terminate a worker for little or no reason at all. So, it’s essential that you take advantage of the rights and protections afforded to you under state and federal law.

The Family Medical Leave Act and Personal Injuries

Under the Family Medical Leave Act (FMLA), employees can take up to 12 weeks of unpaid leave for medical reasons. In order to qualify you must be an “eligible” employee. This means you must have worked for your employer for at least 12 months and your employer must have 50 or more employees. Under the terms of FMLA, you are entitled to return to your job after your leave ends. If an employer eliminates your position, they must provide you with a job with comparable pay and similar job opportunities. There are rare instances in which employers are exempt from these requirements if they can actually prove your job was slated for elimination or that a comparable job does not exist. However, these kinds of cases are the exception and not the rule.

Filing for Medical Leave with Your Employer after an Accident

After your injury, you should contact your employer and begin the process of filing for FMLA. Under New York law, your employer can require you to take sick pay concurrently with FMLA leave, but only if they’ve first made such a policy clear — usually in writing — at the beginning of your leave. Your employer may also require medical information from your doctor and a medical release from him or her indicating you can return to work. Under FMLA, however, you are not required to have a company-approved doctor evaluate your injuries. After 12 weeks of leave, an employer is not required to provide you a job.

Short-Term Disability after a Serious Car, Truck or Motorcycle Accident

Under state law, employers in New York are required to provide short-term disability insurance for people who have been on a job for least a month. The benefit pays 50 percent of an employee’s salary, but typically cannot exceed more than $170 a week. Employers must provide short-term disability benefits for up to 26 weeks. While short-term disability won’t protect your job, it can provide financial support while you heal or begin the process of filing for long-term disability.

Contact Long Island Personal Injury Attorneys Rosenberg & Gluck

There are a number of financial and legal issues that must be addressed in personal injury cases. If you’ve been seriously injured in a car, pedestrian, motorcycle, medical malpractice, or slip and fall accident, contact Long Island, New York, personal injury attorneys Rosenberg & Gluck, LLP today for a free consultation.

Related Articles

  • FDA Issues Recall on Heart Device
  • Is Your Hospital Safe…Where does yours rank?
  • What You Should Do if a Claims Adjuster Calls after Your Accident
  • How To Choose A Personal Injury Lawyer
  • How to Protect Your Job after a Personal Injury

Primary Sidebar

Recent Posts

  • How to Find the Best Accident Lawyer on Long Island
  • What Are Compensatory Damages?
  • What Are Toxic Torts?
  • Who Is at Fault in a Rear End Collision?
  • Who Is at Fault in a Parking Lot Accident?

Categories

  • Articles
  • Bicycle Accidents
  • Brain Injuries
  • Bus Accidents
  • Car Accidents
  • Cell Phones
  • Commercial
  • Construction Accidents
  • Defective Products
  • Distracted Driving
  • Drunk Driving
  • Fosamax
  • General Information
  • Mass Torts
  • Medical Malpractice
  • Medical Treatment
  • Motor Vehicle Accidents
  • Motorcycle Accidents
  • Nassau County
  • New Laws
  • News
  • Nursing Home Abuse
  • Personal Injury
  • Power of Attorney
  • Premises Liability
  • Product Liability
  • Railroad Accident
  • Road Safety
  • Scholarship
  • Serious Injury
  • Slip and Fall
  • Suffolk County
  • Trip and Fall
  • Verdicts & Settlements
  • Wrongful Death

Request a Free
Consultation

Fill out this form to submit your request or call us at
Suffolk 631.451.7900 or Nassau 516.451.7900, we are available 24/7

*all fields required

  • This field is for validation purposes and should be left unchanged.
New York Law Journal Award
LexisNexis Award
Multi-Million Dollar Advocates Forum Award
Super Lawyers Award
The National Trial Lawyers Award
Legal Leaders Award
Multi-Million Dollar Advocates Forum
Best Lawyers Award

Suffolk

631.451.7900

1176 Portion Road

Holtsville, New York 11742

Get Directions

Nassau

516.451.7900

1225 Franklin Avenue,
Suite 325

Garden City, New York 11530

Get Directions
Facebook Twitter YouTube LinkedIn
© 2019 Rosenberg & Gluck, LLP | All Rights Reserved | Disclaimer | Blog
  • Home
  • About Us
    • Attorneys
      • Ted Rosenberg
      • Michael Gluck
      • Matthew H. Bligh
      • Erin M. Hargis
      • Michael J. Famiglietti
      • Robert Dallas
      • Diane Spinner
      • Svetlana Walker
      • + View All
    • Review Us
    • Firm Overview
    • Areas We Serve
    • Charitable Giving
    • Auto Safety And Technology Scholarship
    • 2018 Scholarship Contest
  • Practice Areas
    • Car Accidents
    • Truck Accidents
    • Dog Bites
    • Medical Malpractice
    • Bicycle Accidents
    • Construction Accidents
    • Nursing Home Abuse
    • Wrongful Death
    • Premises Liability
    • Dangerous Drugs
    • + View All
  • Resources
    • Blog
    • Video Center
    • FAQs
  • Case Results
  • Testimonials
  • Contact Us