Legal Question in Employment Law in New York

heart attack on job, can company refuse work return?

On 8/21/01, I suffered a heart attack while loading & unloading over 100 cases of beer into a cellar. I am an employee at will.On 10/23/01 my doctor authorized the return to work with this stipulation- Avoid physical exertion. My company has refused. On 10/29/01 workers comp judge accepted prima facie, further hearing in feb. Can I sue the company?


Asked on 1/10/02, 1:17 am

1 Answer from Attorneys

Harold M. Weiner Coles & Weiner, P.C.

Re: heart attack on job, can company refuse work return?

You know, before we all went to law school, we were human beings. I would like to engage for a moment in the legal fiction that we still remain so. Sue them? FOR WHAT???? Their compassion? Suppose this was not an employment at wlll state. Suppose, moreover you had BOTH a collective bargaining agreement AND a written contract of employment. What law do you think requires the Employer to take you back to do the hard physical labor that will almost certainly kill you? Indeed, if they did, a savvy personal injury lawyer could probably make a good wrongful death case or negligent homicide one out of it. If the Unemployment Insurance ALJ thinks the injury is worker compensation covered, that is the end of it. The reasonable accomodation here is to let you find a job somewhere else that won't kill you.

Read more
Answered on 1/10/02, 9:12 am


Related Questions & Answers

More Labor and Employment Law questions and answers in New York