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Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 13266
Experience:  19 Years of Legal Practice Experience in this precise field.
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I was hit by a car (as a pedestrian) in March 2010 and as a

Customer Question

I was hit by a car (as a pedestrian) in March 2010 and as a result I took 2.5 mos of disability leave from my employer while I recuperated and had surgery on my knees. I returned to work in May, and have been allowed to continue physical therapy and doctor's appointments, as long as my work gets done. I continue to be treated for accident related injuries.

My injuries are still being diagnosed however - I'm not completely recovered, even though I've returned to work. I'm being told now that I may need additional surgery as a result of the accident - a laminectomy of the spine for a pinched nerve. I think I would probably need to take 3-4 weeks off work while I recuperated, possibly more...
Do I still qualify for disability benefits?
At what point (in 2010 or 2011) would I qualify for disabity benefits again?
Can my employer dismiss me if they learn that I may have chronic problems due to the accident?
Submitted: 6 years ago.
Category: Legal
Expert:  Alexia Esq. replied 6 years ago.

Hi jacustomer,


Not knowing all the figures taken into account, there is no way from here to know for sure if you'd be covered for your surgery. However, benefits are paid for a maximum of 26 weeks of disability during 52 consecutive weeks (WCL §205). Thus, if you are in that same year (52 weeks). Thus, it would appear that if you already took 10 weeks or so, you'd have up to 16 weeks left, assuming you used them before March 2011.


With regard to being terminated, generally you can not be be fired because you are taking your disability leave. However, you can be fired for poor performance and other reasons. You do have 12 weeks of protection under FMLA, but check to see if you used up 10+ already.



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