Legal Question in Workers Comp in New York

Re: Does the Employer have to cover an employee after layoff?

It should survive. Do you have a comp attorney? If you are going to have surgery, you will likely be eligible for a settlement down the road so you should have an attorney represent you. If you need one, feel free to contact me as we are the largest comp firm in NY.

Re: Does the Employer have to cover an employee after layoff?

I am happy to hearthat you are doing better physically. That is a real positive.

(a) Regarding whether or not you want to sign the 'binder', that is more of a ploitical question than a legal one.

1. If you think there is a good chance that this company will re-hire you at a later time, then it might be best to be 'cooperative' and sign the binder.

2. if you do not believe they will re-hire you later, then do not sign the binder. The binder is there to assist the company under certain circumstances (which may or may not come up) and will never benefit you at any time.

I recommend that you agree to sign the binder, but then just seem to 'forget' to go to the human resources dept to sign it. And ask them to mail it to you and then 'forget' to mail it back or 'lose' your copy.

Do your best to gently not sign. If backed into a corner, remember that the only benefit to you is the possibility of re-hire by this company.

(b) Regarding the current workers compensation claim, this new development should have no impact. But make an appointment with your lawyer to go over this question. There are always details that require reading the actual documents to give an accurate answer.

Re: Does the Employer have to cover an employee after layoff?

No. DO NOT SIGN ANYTHING YET. WC should continue despite layoff. Need specifics to help with specifics. Our nontraditional non-timeconsuming non-money-eating option is better than traditional time-consuming money-eating option. Ur initial free 15-min call to me at 718.233.6226 will help you understand and make ur choice. Thanks. LKJESQ