Legal Question in Disability Law in New York

Workman's Comp and /or disability

I had knee replacement surgery due to a work related injury. My job requires that I'm able to intervene when there are combative individuals.My surgeon has restricted me from this and HR has said you can't work if I can't intervene. I've been out of work for nearly a year, no Workman's Comp. all vacation and sick time used. HR offered a job with a $14k pay cut/yr. I feel I'm being punished for my injury. I can be terminated if I don't return to work by Feb.22. I work for NY State Office of mental retardation. Is what they're trying to do to me legal? My Workman's Comp lawyer doesn't deal with this aspect. There is plenty more infor mation i could add.


Asked on 2/03/09, 12:06 am

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Re: Workman's Comp and /or disability

You may have a claim under the ADA; however, the question is whether intervening or restraining a resident is an essential function of your job that cannot be modified to remove the likelihood that you will injury your knee. You may also be eligible for a claim of reduced earnings from the Workers' Compensation Board to make up the difference in your new salary.

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Answered on 2/03/09, 12:54 am


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