Legal Question in Workers Comp in New York
laid off due to injury that happened at work
I was hurt at work January 2007, I had surgery for the injury Sept, 2008. I returned to work October 26, 2008. When returning I was put on light duty, (neither my doctor or the independant doctor for the insurance company would return me to my regular duty). I was laid off May 16, 2008 and told by the personnel department that they could no longer employ because I was still on light duty. I have a very strong comp case due to my injury, I am disabled because of this injury. Can they legally terminate me because of an injury that happened there? I was there for 11 1/2 years with no incident. It just does not seem right.
2 Answers from Attorneys
Re: laid off due to injury that happened at work
I would be happy to speak to you for free regarding you workers compensation claim and our lawfirm possibly representing you in your comp claim. Please contact me, Pasquale Calcagno, Esq. of Calcagno & Associates at 1(800)WE-FIGHT for a free consultation. We have convenient offices in all 5 boroughs and will come to you for a consultation if requested.
Re: laid off due to injury that happened at work
The fact of the matter is, unless you have an employment contract or are a union employee, then you are generally an AT-WILL employee and can be terminated without reason. As long as they do not discriminate under Title 7, they can just let you. At this stage in the game, it is best to maximize you compensation claim to recieve max benefits for the long term. Now for the GOOD NEWS, you can probably apply for umemployment while receiving Workers Comp. If you wish to discuss this matter, please feel free to contact my office. You may also be elligible for Social Security Disability benefits.
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