Legal Question in Workers Comp in New York

Heart Attack on Job

Recently my father had a heart attack at his job, He works for a parking company in Manhattan. My father was rushed to the hospital by his most superior boss, While recovering from Triple Bypass Surgery a friend of my father came to visit him with a Message. A less senior boss (than the one that took him to the hospital) who happens to be the boss's son said ''My father saved R***'s life tell him not to come back for anything.'' Upon hearing the news my mother called the boss and they told her that the company would pay for his vacation that he is entitled to on a yearly basis, however, they would not pay him for the time he is not working. Is this any grounds for a possible law suit to get them to pay for the time of? or anything larger. Thank You.


Asked on 5/21/03, 8:07 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Heart Attack on Job

I am sorry to hear of your father's health problems. However, if you are asking about returning to work, he must be doing well! That is very good.

Regarding his rights, workers compensation will pay him money every month until he is able to return to work. If he is unable to return, Social security will pay him a monthly wage. The issue you may be concerned with is whether the employer is required to hire him back when he recovers. If he is a member of a union, the union rules will generally give him the right to return.

My advice is: make sure the workers compensation claim is properly filed. that will pay his medical expenses and money to live on during his recovery. You are welcome to a consultation for no charge at my offices at 42 west 44th st, ny,ny. Please call for an appointment first - 646-591-5786.

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Answered on 5/21/03, 10:55 pm


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