Legal Question in Employment Law in New York

Your husband may have a case but it depends on several other factors and would require additional information.

The majority of my law practice is negotiating and pursuing claims against employers on behalf of terminated employees. You can get some information from my website severanceattorney.com.

If you would like a free consultation, email my office at [email protected] with your contact information.

Good luck,

Jason Stern

Your husband may have several options. First, if he returned to work and injured himself, he may be eligible for Workers' Compensation ("WC"). WC could provide both a monetary benefit and medical coverage for the work related injury.

Second, if your husband's employer offers a long-term disability ("LTD") plan, he may be eligible for those benefits. LTD benefits are typically based on a percentage of pre-disability income, less "other income benefits," and could continue to 65 or retirement age. This is my firm's area of practice.

In addition, your husband may be eligible for Social Security disability benefits if his disability is expected to last more than a year. Also, under the FMLA, employees of covered employers are entitled to up to 12 weeks of unpaid leave in a 12 month period to deal with family or medical issues. If your husband was out of work for less than that amount of time and his employer is covered by the FMLA, he could have a claim under that federal statute.