Jump to Content

Can I Be Fired For Missing Work Due To A Car Crash?

Our New York car accident lawyers answer the frequently asked question, Can I Be Fired For Missing Work Due To A Car Crash?Many people have dozens of pertinent questions after becoming injured in a car accident in New York. Among these questions are immediate concerns about lost income. If you’ve had to miss work to recover after a car accident, is your employer legally able to fire you?

New York: an At-Will Employment State

Although there are some state and federal protections for workers, New York, like many other states, is an at-will employment state. At-will employment provides that the employer or employee may terminate the working relationship at any time and for any reason.

Can I Be Fired For Missing Work Due To A Car Crash?

Technically, your employer could fire you if you miss significant time at work to recover after a car accident unless you have signed a contract preventing your employer from doing so.

There are no laws in New York that guarantee your job will be there when you return from a leave of absence, even if your leave is for a serious medical condition. With an auto accident lawyer working on your case, however, you can fight for the compensation you need to cover any wages you lost due to the accident.

Using Work Benefits to Keep your Job

Depending on how long your recovery takes, it may be possible to use your sick time and any paid time off to hold onto your job while you recover from the injuries you sustained at the hands of a negligent driver. If you don’t have enough benefits, your employer might be required to provide job security through the Family and Medical Leave Act.

Family and Medical Leave Act Benefits

The Family and Medical Leave Act of 1993 (FMLA) requires employers who have more than 50 employees to provide job security. Employees applying for FMLA benefits must have worked a minimum of 1250 hours in the 12 months leading up to their application for benefits, which equates to working about 40 hours each week for seven months.

The coverage allows an employee who becomes injured or seriously ill to take a leave of absence to handle his or her medical issues, including any issue that impairs his or her ability to perform work duties. The leave of absence may last up to 12 weeks during any 12-month period. FMLA leave is unpaid but requires employers to cover health insurance benefits for employees who take this leave during the entire period of absence.

When an employee on FMLA returns to their job, their employer must restore them to the same position or one that is equivalent in terms of pay, benefits, location, schedule, and other terms and conditions. As an employee, you’re not guaranteed the same job that you had before your leave.

Working with a Tough Personal Injury Team

Ultimately, not all employees may receive FMLA benefits. Even with FMLA protection, your employer may still decide to let go of your position so long as the decision is made for a business purpose and not because you’re on leave or became injured.

Whether you have sufficient benefits or not, you should contact an experienced personal injury law firm to discuss your accident case.

At Cellino & Barnes, our team of car accident lawyers throughout New York have decades of experience fighting for compensation for those who suffer due to negligence behind the wheel. Our goal is to recover each cent that you deserve by law for your medical expenses, lost wages, lost earning capacity, and pain and suffering. Insurance companies have vast resources that can easily cover your losses while you regain your health. We fight for your fair share.

Contact our law firm at any time of day for a free consultation or complete our contact form. An attorney will be in touch to discuss your case.

Cellino & Barnes (800) 888-8888

Client Thanks

I would like to thank your firm for representing our family on behalf of my late husband. This whole process was, at times, difficult for us and sometimes painful. But, we were always in good hands as Brian and Maria are two of the hardest working and sincerest people I have ever had the pleasure of meeting. They did a tremendous job.

Read more →

Recent Tweets

    Social Accounts


    Office Locations

    350 Main Street
    2500 Main Place Twr

    Buffalo, NY 14202

    (716) 888-8888
    (800) 888-8888
    Map & Directions

    Grider Street Office
    451 Grider Street

    Buffalo, NY 14215

    (716) 888-8888
    (800) 888-8888
    Map & Directions

    Garden City
    600 Old County Rd
    Suite 412

    Garden City, NY 11530

    (800) 888-8888
    Map & Directions

    420 Lexington Ave
    21st Floor

    New York, NY 10170

    (800) 888-8888
    Maps & Directions

    532 Broad Hollow Road
    Melville, NY 11747

    (800) 888-8888
    Map & Directions

    16 W. Main Street
    Powers Building, Suite 600

    Rochester, NY 14614

    (585) 888-8888
    (800) 888-8888
    Map & Directions


    Free Case Evaluation

    Fields marked with a * are required
    ↑ Top