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Returning to Work After a Work-Related Injury: What New York Workers Need to Know

If you’ve been injured on the job, your recovery is your top priority, but it’s also important to plan ahead for your return to work. Many injured workers in New York do return to work, and doing so can support faster healing, maintain job benefits like seniority and raises, and protect long-term income.

Most Injured Workers Return to the Same Job

The majority of injured workers fully heal and return to their original roles once cleared by their medical provider. If this is your situation, simply notify your employer’s workers’ compensation insurer and coordinate your return date with your employer.

Modified Duties or Alternate Work

Some workers return with restrictions. If you can’t do your previous job right away, talk to your employer about light duty or transitional work. You may also need job training or placement assistance if a return to your original role isn’t possible.

Return-to-Work Process

Recovery and return to work involve several key people:

  • Your health care provider, who clears you for work and outlines any restrictions.
  • Your employer, who may offer light-duty options.
  • Your attorney, if you have legal representation, should be informed of all return-to-work updates.
  • Your union, if applicable, may provide additional resources.

Benefits and Protections

  • Reduced Earnings: If you return to work at a lower wage due to your injury, you may receive benefits covering part of the difference.
  • Medical Care: You are entitled to lifetime medical care for your injury unless you’ve signed a Section 32 waiver.
  • Job Protection: Your employer isn’t legally required to hold your job, but many do. FMLA may protect your job for up to 12 weeks.
  • Reasonable Accommodations: Employers may be required to modify your job duties under the ADA or NYS Human Rights Law.
  • Protection from Discrimination: It’s illegal for employers to discriminate against you for filing a workers’ comp claim.

Need Help Navigating Return to Work?

If your situation is complex, New York State offers vocational rehabilitation, social services, and advocates to help you return safely and successfully.

Injured at Work? We’re Here to Help.

Contact Losi & Gangi for experienced legal guidance through every step of your workers’ compensation claim and return-to-work process.

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