Can My Employer Terminate Me If I Have to be Out of Work Due to My Injuries/Disability?

The short answer is yes, however, this is true not just because of your disability, but rather because like most states, New York is an “employment at will” state, meaning that your employer can terminate you for any reason except the few enumerated discriminatory exceptions.  What happens to your position if you are unable to return to work due to a disability will be dependent on your employment agreement with your employer and if no such agreement or employment contract exists, then your employer may terminate you based on the fact that your position cannot be left open.  However, and importantly, your employer cannot terminate you in retaliation for you filing a Workers’ Compensation claim.  A retaliation claim is very difficult to prove because you would have to show that the sole reason for your termination was the fact that you filed the Workers’ Compensation claim.  Remember, despite termination you would still be entitled to wage benefits from that employer’s Carrier for as long as you can demonstrate that you are disabled as a result of that work accident.