Q: Concern about returning to work and disability after TFCC tear surgery from work-related injury; employer doesn't accommodate restrictions.

A: I'm sorry to hear you're facing such a difficult situation while recovering from your injury. When dealing with a work-related injury like a TFCC (triangular fibrocartilage complex) tear, especially in a physically demanding job such as in an emergency room, it’s important to consider both your health and your legal rights under New York law.

Since your injury is work-related, you likely have an open Workers’ Compensation claim. Under New York Workers’ Compensation Law, if your job cannot accommodate medically necessary restrictions, your employer is not required to create a light-duty position. However, you may be entitled to continuing wage replacement benefits if your doctor and the IME have determined that you are unable to return to your regular job. If the IME has declared you permanently disabled, that could support a classification for permanent partial or total disability under the Workers' Compensation system.

In the short term, after surgery, you may be eligible for temporary total disability benefits during your recovery. You should keep all of your treating physician’s documentation and ensure that proper forms (such as the C-4.2 and C-27) are submitted to the Workers’ Compensation Board and your employer’s insurance carrier.

If it becomes clear that you cannot return to your former position due to permanent restrictions, you can consider applying for long-term disability (if your employer offers it), or Social Security Disability Insurance (SSDI) if your condition significantly limits your ability to work. The fact that an IME has already found you permanently disabled may support a claim for SSDI, although Social Security uses its own standards and you may need to undergo a separate evaluation.

You also have the right to request reasonable accommodation under the New York State Human Rights Law and the federal Americans with Disabilities Act (ADA), but the law does not require your employer to provide accommodations that would cause undue hardship or fundamentally alter your job duties. If your employer has not offered modified work after receiving your restrictions, it is reasonable to explore other income support options.

Before making a final decision about going on disability, you may want to consult both a New York Workers' Compensation attorney and, if applicable, a disability benefits attorney. They can help protect your rights and ensure you understand the long-term implications of your choices.

This response is for general informational purposes only and does not constitute legal advice. To get advice about your specific situation, you should speak with a qualified attorney licensed in New York.