Legal Question in Workers Comp in New York

Re: Terminated while on modified duty

You could make a discrimination claim under wcl 120, but based on the facts you have given me it will be a hard case to win.

I suggest you get a comp attorney asap.

Re: Terminated while on modified duty

They cannot terminate you in retaliation for filing a claim but on the other hand, the Compensation System was created for the very reason that the law permits an employer to layoff injured workers who can no longer perform their normal job duties. It is supposed to be a safety net. Nobody gets rich or even breaks even but it is supposed to compensate you enough to get by while you try to find a new type of way of making a living. Sort of like unemployment benefits for injured workers. There are other benefits for you if you are released to work on light duty. If you find work at less pay, you may get paid the difference from your old wages and your new wages. There is also some limited retraining available. I am sorry to hear you cannot find a lawyer to help. Keep trying, there are a lot of us out there, especially sole practitioners and small firms that I am sure would be happy to take your case. It sounds like you are going to need some help navigating through the system now that your old employer has let you go.