can i be terminated from employment being on workmans comp for a work related injury and having surgery

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can i be terminated from employment being on workmans comp for a work related injury and having surgery

Asked on May 11, 2009 under Personal Injury, New York

Answers:

LAR, Member CA State Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If your injury is a compensable Workers' Compensation injury, you cannot be terminated solely because of this injury, with the exception that, if the injury has caused you to not be able to fulfill your job's purpose, then your employer has a reasonable basis to let you go, but should first seek to place you in another appropriate job or perhaps tailor your responsibilities if that will not cause excessive workplace disruption.


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