Can I Be Fired for Missing Work Due to a NYC Car Accident?
A serious car accident can change everything in seconds. You may be dealing with pain, doctor visits, physical therapy, and the stress of missing work while the bills keep coming. For many New Yorkers, missing even one paycheck can create a financial crisis.
So it is natural to worry:
Can I be fired for missing work due to a car accident in New York City?
At Greenstein & Pittari, LLP, our New York City car accident lawyers help injured people across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island protect their income and pursue compensation after a crash. Below, we explain when an employer can fire you, when they cannot, which job-protection laws may apply, and how you can seek financial recovery for lost wages and future income.
Need answers now? Call 1-800-VICTIM2 (1-800-842-8462) for a free consultation.
No fee unless we win.
Can My Employer Fire Me for Missing Work After a Car Accident in NYC?
Yes, it is possible, especially if:
- Your injuries keep you out for weeks or months
- You do not qualify for protected medical leave
- You miss employer paperwork requirements
- Your employer claims you cannot perform essential job duties
- You are an at-will employee (many NYC employees are)
However, at-will employment does not mean an employer can fire you for an illegal reason. A termination may be unlawful if it is based on:
- Discrimination, including disability-related discrimination
- Retaliation, such as firing you for requesting protected leave
- Violations of leave laws, such as the Family and Medical Leave Act (FMLA)
- Breach of a union agreement or employment contract
If you were fired after a crash, the key question is:
Was the termination lawful, or did it violate your rights?
If you are worried about being fired, or you already lost your job, talk to an attorney immediately. Evidence and deadlines matter.
Call Greenstein & Pittari, LLP at 1-800-VICTIM2 (1-800-842-8462) for a free consultation.
New York Is an At-Will Employment State, But Wrongful Termination Still Exists
New York generally follows at-will employment, meaning employers may terminate workers for many reasons, including absences, as long as the reason is not illegal.
Even in at-will employment, termination can become unlawful if:
- You are fired because of a medical condition that qualifies as a disability
- You are fired while using protected leave
- You are fired shortly after requesting accommodations
- You are disciplined differently from other employees due to your injury
- Your employer claims “performance issues” right after learning about your injury
If your employer’s stated reason does not match your work history or the timing is suspicious, it may be a red flag.
Laws That May Protect Your Job After a Car Accident
Your legal protections depend on your employer’s size, your work history, and the severity of your injuries.
1) Family and Medical Leave Act (FMLA)
FMLA is one of the most essential job-protection laws for injured workers. It can protect employees who need time off due to serious accident injuries.
If you qualify, the FMLA may provide:
- Up to 12 weeks of unpaid leave in 12 months
- Job-protected leave
- Continued group health insurance coverage during leave (you may still pay your portion)
Who qualifies for FMLA?
You generally must:
- Work for an employer with 50 or more employees within 75 miles
- Have worked for the employer for at least 12 months
- Have worked at least 1,250 hours in the past 12 months
Important: If you qualify for FMLA, your employer generally must restore you to your job or an equivalent position upon your return.
Can you be fired while on FMLA leave?
Usually, firing someone for taking protected FMLA leave is unlawful. However, an employer may still make legitimate business decisions, such as layoffs, if it can prove that the decision would have been made regardless of your leave.
Can you be fired after FMLA ends?
Yes. If FMLA leave expires, and you still cannot perform essential job duties, termination may be possible depending on the facts and whether disability protections apply.
2) Americans With Disabilities Act (ADA) and New York Anti-Discrimination Laws
If your injuries substantially limit major life activities, you may be protected by:
- The Americans with Disabilities Act (ADA)
- New York State Human Rights Law
- New York City Human Rights Law (often broader than federal protections)
Under these laws, employers may be required to provide reasonable accommodations, unless doing so would create an undue hardship.
Examples of accommodations after a serious car accident may include:
- Modified duties or temporary light duty
- A temporary schedule change
- Work-from-home options when feasible
- Reassignment to a vacant role
- Additional leave in some situations
A significant warning sign is when an employer refuses to discuss accommodations or skips the interactive process and instead terminates you.
3) NYC Paid Sick Leave and Local Leave Rights
Many New York City employees have paid sick leave rights that may cover:
- Medical appointments
- Recovery time
- Physical therapy
- Treatment related to your injuries
These rules can be complex. Employers sometimes accuse injured employees of “job abandonment” when the employee was actually using protected time or following medical instructions.
That is why written notice and documentation are critical.
4) Workers’ Compensation if the Crash Happened While Working
If the crash happened while you were driving for work, you may qualify for workers’ compensation benefits, such as:
- Medical treatment coverage
- Partial wage replacement
- Rehabilitation
Examples include:
- Deliveries
- Work-related travel between job sites
- Driving as part of your job duties
Employers generally cannot retaliate against an employee for filing a workers’ compensation claim.
If You Lose Your Job After a Car Accident, What Can You Do?
Job loss after a crash often triggers immediate financial pressure. Depending on your situation, you may have several options:
1) File a Personal Injury Claim Against the At-Fault Driver
If another driver caused your accident, you may be entitled to compensation for:
- Medical bills
- Lost wages
- Reduced earning capacity
- Future lost earnings
- Pain and suffering
- Emotional distress
- Long-term disability-related costs
Job loss and wage loss often increase the value of a car accident case, but insurance companies frequently fight these damages.
2) Apply for New York No-Fault Wage Benefits
New York is a no-fault insurance state. Many crash victims can seek wage loss benefits through no-fault insurance.
Lost wage reimbursement is commonly:
- 80% of your salary
- Up to $2,000 per month
- Subject to strict deadlines and paperwork requirements
If your wage loss exceeds no-fault limits or your injuries meet the serious injury threshold, you may be able to pursue additional compensation through a lawsuit.
3) Explore Disability Benefits
Depending on your condition and coverage, you may qualify for:
- Short-term disability
- Long-term disability
- Social Security Disability (SSDI) in qualifying cases
4) Review Whether You Have a Wrongful Termination or Retaliation Claim
If your employer fired you in violation of FMLA, ADA, or anti-retaliation laws, you may be entitled to:
- Back pay and lost benefits
- Front pay (future income loss)
- Emotional distress damages
- Attorneys’ fees and legal costs
- Reinstatement in some situations
Employment claims can have short deadlines and may require filing with agencies such as the EEOC.
How to Recover Lost Wages After a Car Accident in NYC
Lost wages can include more than your base paycheck. In many New York City car accident cases, you may seek compensation for:
- Hourly wages or salary
- Overtime
- Bonuses and incentive pay
- Tips (common for hospitality and service workers)
- Commissions
- Sick time and vacation time were used due to the accident
Lost Earning Capacity and Future Income Loss
If your injuries limit your ability to work long-term, you may also seek compensation for:
- Reduced earning capacity (you can work, but earn less)
- Lost earning capacity (you may be unable to work at all)
- Career harm, including missed promotions and advancement
These claims may require strong evidence and, at times, expert support.
How to Prove the Crash Caused Your Job Loss or Wage Loss
Insurance companies often argue:
- You could have returned to work sooner
- You were fired for unrelated performance issues
- The injuries were not severe enough to prevent work
- Your income loss is exaggerated
To strengthen your claim, your attorney may use:
- Medical records and work restrictions
- Employer verification of missed time and pay rate
- Pay stubs and tax returns
- Job descriptions showing essential duties
- Termination letters, HR documentation, and written communications
Self-Employed and Gig Workers in NYC
If you are self-employed or a gig worker, you can still pursue lost income using:
- Tax returns
- Bank statements
- Contracts and invoices
- Profit-and-loss statements
Do You Have to Look for a New Job After a Crash?
In many personal injury cases, you have a duty to take reasonable steps to reduce your losses once you are medically able to work. This is called the duty to mitigate.
If you are totally disabled, that expectation may not apply. If you are partially able, you may be expected to seek suitable work within your restrictions.
What You Should Do Immediately If You Are Missing Work After a Car Accident
- Get medical care and follow your treatment plan
Gaps in treatment can undermine both your injury claim and your job-protection arguments. - Notify your employer in writing
Follow workplace policies and keep copies. - Request leave paperwork as soon as possible
If you may qualify for FMLA, act quickly. - Save documentation
Please keep pay stubs, schedules, medical notes, HR communications, and termination paperwork. - Do not sign severance agreements or releases without legal advice
Many agreements require you to waive your rights. - Talk to a New York City car accident lawyer immediately
Deadlines apply to no-fault benefits, lawsuits, and employment-related claims.
Free Consultation: NYC Car Accident Lawyers at Greenstein & Pittari, LLP
If you missed work, lost wages, or were fired after a car accident in New York City, do not wait.
Greenstein & Pittari, LLP offers free consultations, and you pay no fee unless we win.
We represent injury victims in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.
Call 1-800-VICTIM2 (1-800-842-8462) now for a free, confidential case review.
FAQ: Can I Be Fired for Missing Work Due to a Car Accident in New York City?
Can my employer fire me for missing work after a car accident?
Yes, it is possible, especially in at-will employment. However, employers cannot fire you for illegal reasons such as disability discrimination, retaliation, or violating protected leave laws.
What is at-will employment in New York?
At-will employment generally means your employer can terminate you with or without a reason, as long as the reason is not unlawful.
Does FMLA protect me after a car accident?
If you qualify, FMLA can provide up to 12 weeks of unpaid, job-protected leave for serious injuries that prevent you from working.
Who qualifies for FMLA leave in NYC?
You generally qualify if your employer has 50 or more employees within 75 miles, you have worked there at least 12 months, and you worked at least 1,250 hours in the past year.
Can I be fired while on FMLA leave?
An employer generally cannot fire you because you took protected FMLA leave. However, an employer may still make legitimate business decisions, such as layoffs, if it can prove the decision was unrelated to your leave.
What if my injuries last longer than 12 weeks?
Once FMLA leave ends, termination may be possible depending on your situation and whether disability accommodations apply.
What accommodations might my employer have to provide?
Depending on your condition and your job, accommodations may include modified duties, schedule changes, remote work options when feasible, reassignment to a vacant role, or additional leave in some cases.
Can I recover lost wages from the driver who caused the crash?
Yes. If another driver caused your accident, you may be able to recover lost wages, future income loss, and reduced earning capacity as part of your personal injury claim.
How do New York no-fault lost wage benefits work?
No-fault benefits often cover 80 percent of lost wages up to $2,000 per month, subject to deadlines and documentation requirements.
Can self-employed people and gig workers recover lost income?
Yes. Lost income can be proven through tax returns, bank statements, invoices, contracts, and other business records.
What documents help prove lost wages?
Standard documents include medical work restrictions, pay stubs, tax returns, employer wage verification, and proof of missed overtime, tips, bonuses, or commissions.
Should I sign a severance agreement after being fired?
Not before speaking with a lawyer. Severance agreements often include a release that waives your right to sue.
Why Choose Greenstein & Pittari, LLP?
- Local Harlem office for convenience and trust
- No fee unless we win, guaranteed
- Bilingual services available
- Hundreds of positive client reviews and testimonials
- We handle the insurance companies so you can focus on healing
- Top-rated, award-winning lawyers, including Best Lawyers and Super Lawyers
Don’t Be a Victim Twice. Call 1-800-VICTIM2 (1-800-842-8462).
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