Returning to Work in Summer After a Spring Layoff: What If You’re Still Injured?

With summer in full swing, many workers start their seasonal job contracts in fields like landscaping, construction, or hospitality. But what happens if you’re still injured after your last seasonal layoff? Can you lose your job if you need more time to recover? This post will explain your rights as an injured seasonal worker in New York and what you need to do if you’re not ready to return.

Can You Legally Return to Work While Injured?

When you’re receiving workers’ comp benefits, the state’s Workers’ Compensation Board (WBC) determines a specific amount of payments based on the type of injury you sustained in your last job. That said, you may return to work earlier if your doctor clears you for full or partial duty. If they don’t clear you, don’t go back before you’re ready. Doing this might worsen your medical condition and force you to stay in recovery even longer.

What Happens to Your Workers’ Comp Benefits?

You’ll still receive benefits if you’re unable to work, including lost wages and medical coverage for as long as you’re in recovery. However, your compensation might be affected if you return to work. Going back part-time may still leave you eligible for partial benefits if you’re earning less than before your accident. Those working full-time will stop receiving benefits entirely.

Keep in mind that your benefits won’t automatically stop once you start working again. You’ll need to notify your employer’s workers’ comp insurance company when you return to adjust your file.

Can An Employer Pressure You To Go Back To Work?

No, an employer can’t force you back into work under any circumstances. Doing this counts as workplace discrimination and is illegal in the state’s laws. If your employer harasses you or tries to pressure you to go back to work, you can file a claim and hold them accountable.

That said, an employer isn’t legally required to hold a job for you. For example, if you’re out for half the summer and they need staff on board, they’re legally allowed to find someone else to fill that position.

What If Your Condition Gets Worse After Returning to Work?

If you’re still feeling sick after you’re back for any reason, tell your doctor to examine your injury immediately. They’ll determine whether it’s still affecting your ability to work. If they see your injury is still preventing you from working, you can reopen your claim and start receiving workers’ compensation benefits again.

Don’t Rush Your Recovery

A workplace injury after a spring layoff should never be taken lightly. Take the time you need to recover and only go back when you’re ready. If you have more questions about your case, our Long Island workers’ compensation lawyers can guide you through the process. For decades, we’ve been helping injured workers in the state secure the benefits they deserve. Please contact us at 855-367-0135 to schedule your free consultation today.