Legal Question in Workers Comp in New York

Employer discrimination for work related injury

My husband was injured on the shop floor when a 200 - 300 bar was dropped on his shoulder by another employee. Following the workers compensation claim the owner of the company and my husbands boss started treating my husband badly, one incident resulted in a screaming match between my husband and the owner of the company. At one point my husband was even told to scrub the floors with a tooth brush. My husband was terminated last week, the reasons for termination are ridiculous quoting poor production (despite what other employees state that production doubled under my husband) Do we have a case for discrimination or anything else since it is my belief that my husband was terminated due to the injury and that anything else is an excuse. The same day my husband was terminated the girl who dropped the 200 -300 pound bar and backed my husband on the injury being work related was also terminated. We are in the state of New York. Also what recourse would we have if Unemployment insurance we to be fought by the owner?


Asked on 5/06/08, 12:32 pm

1 Answer from Attorneys
Pasquale Calcagno Calcagno & Associates, PLLC

Re: Employer discrimination for work related injury

The employer is not within his rights to discharge your husband for getting injured. There is a lot at play here though. Contact me, Pasquale Calcagno of Calcagno & Associates for a free consultation at 1(800)WE-FIGHT and visit us on the web at www.1800wefight.com for valuable info on Workers Compensation. Thank you for contacting our lawfirm. We have convenient locations in Manhattan, Brooklyn, the Bronx and Staten Island.

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Answered on 5/06/08, 10:49 pm


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