Legal Question in Workers Comp in New York

Re: workers comp discrimination

OK - let me try to start answering the questions.

1) the workers comp claim to wages during your injury (when you cannot work) is a different claim from the discrimination. Any compromise on either will only affect that one case.

Of course, if the employer is predicating the dropping of the discrimination claim in exchange for no longer opposing the workers comp claim, I recommend you get this in writing. DO WHATEVER YOU HAVE TO DO TO GET THIS IN WRITING. Verbally agree to everything and, when it comes time to sign, ask them to sign first and walk out with the document unsigned by you.

This is a serious matter. they may not ethically dispute your wc claim as a 'bargaining chip'.

At the very least, you must establish this unethical behavior for the NY Bar Association Disciplinary Committee.

2) the wc and the discrimination claims are separate and you may pursue each concurrently.

3) The issue of light work is another question. As an independant contractor, you may work without impairing your wc benefits (they are ofset). But if you are on someone else's payroll as an employee, that will have an impact.

4) If your settlement includes qualifying you for wc benefits, then the SIF will pay all of your reasonable and related medical bills.

I hope I have undersdtood the facts of your case and your questions properly. I have a feeling I may not have. In the interest of providing accurate and worthwhile answers to you, you are welcome to meet with me.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.