Fired, Forgotten, and Injured

Your Job’s on the Line After a New York Motorcycle Wreck

You didn’t ask for this. One minute you’re working, riding, living your life. The next, you’re in a hospital bed—casted up, bruised, stressed beyond belief—and your job? It’s radio silence. No calls. No updates. Maybe even a warning letter waiting at home.

If your paycheck’s in limbo because of a motorcycle crash in New York, you’re not alone. Injured riders often face a second trauma after the hospital: losing their income, their health insurance, and sometimes their entire job.

At Horn Wright, LLP, our motorcycle accident attorneys fight for New Yorkers who’ve been hit hard on the road and in the workplace. If your crash left you unable to work—and your employer is giving you the runaround—we’ll help you understand your rights, protect your job, and go after the money you need to move forward.

Know Your Rights Before Your Boss Makes the First Move

When you’re hurt and off the job, the pressure comes fast. Missed shifts. Emails piling up. Maybe a manager “checking in” but not really offering help. Before you make any move—or let them make one—you need to know where you stand legally.

Understanding FMLA and ADA Protections

If you’ve worked for your employer for at least 12 months and your company has 50 or more employees, you may be covered under the Family and Medical Leave Act (FMLA).

FMLA gives you:

• Up to 12 weeks of unpaid leave
• Job protection during that leave
• Continued access to health insurance

Under the Americans with Disabilities Act (ADA), if your injuries qualify as a disability and you can still perform your job with reasonable accommodations, your employer may be legally obligated to work with you.

Both laws apply in New York and provide serious leverage if your employer is pushing you out too fast.

When You’re Legally Entitled to Take Leave

You may qualify for leave if your injuries:

• Prevent you from performing basic job duties
• Require hospitalization or extended treatment
• Require ongoing physical therapy or recovery time

Medical documentation is key. A doctor’s note stating that you can’t work—along with details on recovery expectations—can lock in your leave protections.

What Happens if Your Employer Terminates You While Recovering

If you’re fired while on protected leave, it could be wrongful termination. In New York, this depends on:

• Whether you were eligible under FMLA or ADA
• Whether your employer gave you proper notice
• If they retaliated because of your injury

This doesn’t just threaten your income—it could damage your legal claim. That’s why it’s essential to document everything, from emails to voicemails to HR conversations.

Can’t Work? Here’s How to Handle Your Employer Without Losing It All

Staying quiet and hoping for understanding rarely works. The best protection comes from clarity, planning, and putting everything in writing.

Communicating Clearly With Your Employer

You don’t need to give every medical detail—but you should be clear about:

• What your doctor says you can and can’t do
• When you’ll be re-evaluated
• That you’re requesting leave or accommodations (if applicable)

In New York, your employer has a duty to engage in an “interactive process” under the ADA if accommodations are possible. This might include modified schedules, light-duty assignments, or work-from-home setups.

How Long You Can Delay Returning

There’s no set limit under the ADA—reasonable leave depends on your role and company size. But in most NY cases, employers expect:

• Regular check-ins every 2–4 weeks
• Updated doctor notes at key recovery stages
• A return-to-work estimate when available

The FMLA’s 12-week clock starts the day you stop working—but ADA protections may extend further depending on your injury.

Workplace Accommodations You Can Request

Depending on your injuries, accommodations might include:

• Ergonomic seating for back injuries
• A phased return (e.g., part-time for 2 weeks)
• Voice dictation software for arm/hand injuries
• Remote work if travel is physically difficult

A rider from Yonkers who suffered multiple fractures used remote accommodation to keep his job in finance while recovering—and later secured a $285,000 settlement for his injuries.

Bills Piling Up? Here’s Where to Turn When You Can’t Earn a Paycheck

It’s one thing to lose work. It’s another to keep the lights on when there’s no paycheck coming in. Fortunately, New York offers a few backup options—if you know where to look.

Using Short-Term Disability or Long-Term Benefits

If your employer offers short-term disability (STD), you may qualify for benefits that pay up to 50% of your salary for 26 weeks, depending on your plan.

New York State also offers statutory disability benefits for workers injured off the job (including motorcycle crashes not tied to employment). This program can provide limited payments, typically:

• Up to $170/week
• For a maximum of 26 weeks

Long-term disability (LTD) insurance may be available through private policies or employers. LTD typically pays 60–70% of your income after a waiting period.

Can You File for Unemployment If You’re Still Hurt?

Generally, you must be physically able and available to work to qualify for unemployment in New York. If you’re still fully disabled, you won’t be eligible.

However, once cleared for light-duty or part-time work, you may become eligible—especially if your employer refuses to bring you back.

Workers’ Comp vs. Personal Injury Claims

If your crash happened while working (e.g., riding for deliveries or job-related errands), you may be eligible for workers’ compensation benefits.

But if the crash happened off the job and was caused by another driver, your primary legal path is a personal injury claim—and that could include:

• Lost wages (past and future)
• Pain and suffering
• Medical bills
• Job retraining costs if you can’t return to your old work

One NYC-based delivery rider won both: workers’ comp for lost income and a $350,000 personal injury settlement against the driver who hit him.

Don’t Let a Crash End Your Career—or Your Case

The accident was bad enough. Losing your job on top of it? That’s something no rider should have to face alone.

At Horn Wright, LLP, our motorcycle accident attorneys represent New York riders whose crashes turned their careers upside down. Whether your employer is stalling, pushing you out, or flat-out fired you while you were healing, we’ll fight to protect your income, your rights, and your recovery. When you're ready to take that fight to one of the best law firms in America, we’re ready to stand with you. Call us now for a free initial case consultation.