Legal Question in Workers Comp in New York

Re: Termination after on the job injury

Aside from the issues already raised by previous responding attorneys, you may want to consider the following:

Depending upon the exact type and severity and the degree and permanence or expected long term

effects of your injury, as well as the type of work you do, you may be protected by the federal

Americans With Disability Act (ADA). (The ADA does not offer protection for short-term, temporary, non-chronic conditions such as influenza, strained joints, broken limbs, appendicitis).

Assuming that your injury is sufficiently long-term and sufficiently severe to qualify under the Americans With Disabiliites Act, and on the nature of your work, if you can still do a fairly competent job despite the injury, your employer may be required by law to keep you on the job as "reasonable accomodation" required by the federal Americans With Disabitlities Act. (There are similar state and city laws protecting people with disabilities).

Consult an attorney about your options and the advantages of complaining either to the New York State Division of Human Rights (NYSDHR) or the

federal Equal Opportunity Employment Commission (EEOC) or the city Commission on Human Rights. (There are tradeoffs about selecting which agency to complain to and selecting any one may close out some alternative courses of action down the road. See my answer on this site in the "Labor And Employment" category of 3/9/06 titled "Disciplinary").

Depending upon the nature of the "questionable practices" you challenged and whatever witnesses or evidence you can muster to confirm your challenge to these "questionable practices", you may be protected from the emplyer's retaliatory firing of you by federal and state "whistleblower statutes" such as the federal False Claims Act and the Section 740 (2) (c) of the New York Labor Law (and/or by Section 741 of the new York Labor Law if you work in the health care industry).

You may want to consult an attorney to pursue this angle as well.

Re: Termination after on the job injury

You must be very careful. They cannot terminate you because you filed for worker's comp but that is very hard to prove. They almost have to tell you that you filed a comp claim and you are fired. You must document everything you can.

Re: Termination after on the job injury

I am sorry. Do the best you can and look for another job while you are still employed.

Good luck.