Should I worry about losing my job if I file a claim?
Answer
In some respects, yes—there is a limit to your ability to get your job back, depending on how long you’ve been out. In most cases, if you’re able to return to your job within one year of your injury, the right to reinstatement under the Workers’ Compensation Act requires your employer to reinstate you to your former position, and most employers understand and comply with that. However, not everyone is able to recover and return to full capacity within that one-year window. And while the Workers’ Compensation Act provides significant benefits—like wage replacement and medical coverage—those benefits are still limited in scope. If you’re going to be out for more than a year, I always advise my clients that there’s no guarantee your job will still be available when and if you recover. That doesn’t necessarily mean your employer won’t take you back—some do, even after longer absences—but legally, they are not obligated to hold the position open beyond that one-year mark. So, yes, you may lose your job if your recovery takes longer than a year, and that’s simply a reality of how the law is structured.