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Can I sue my employer? They sent me out on my garbage route during the 5th worst snow storm in ny history. Operations were suposed to be canceld and were through out the entire township. But myself and driver were in earlier and assumed we had to go and do the route. I tore tendons in my arm lifting garbage pail burried in snow. Surgery mademy arm worse. After pleading and begging for any other posistion through out the countries largest and richest township they laughed and denied any transfer. I filed for my article 15 disability pension and was granted my disability pension after being seen by retitrment pension doctor. BUT THE DISABILITY PENSION ONLY PAYS 33% OF MY AVG. SALARY. IN OTHER WORDS SINCE i COULD NOT MAKE END MEET ON MY REGULAR SALARY AS A GARBAGE MAN i NOW HAVE BEEN POVERTY STRIKEN ! OF COURE I CALLED EMPLOYMENT LAWERS BUT THEY DID NOT WANT THE CASE THEY SAID I SHOULD GO ON SOCIAL SECURITY DISABILITY. i TOLD THEM OF COURSE i APLIED FOR SSD BUT THAT TAKES 2-3 YEARS IN NY

2007-06-28 00:47:35 · 4 answers · asked by JOSEPH S 2 in Politics & Government Law & Ethics

4 answers

You are limited to workers compensation and disability.

2007-06-28 04:06:53 · answer #1 · answered by Mark 7 · 0 0

You can try but unfortunately I'm not sure if it will do anything to help you. Your original statement was that they "sent" you out but a little later you state that you and the driver "assumed" that you had to go out on your route. If it is true that you and the driver went out of your own accord then you won't be able to make much of a case for suing. That being said, you should probably still talk to a layer and discuss all of your options, including qualifications for disability and such.

2007-06-28 08:01:56 · answer #2 · answered by Nell 3 · 3 0

You have not provided any ground on which to sue the employer.

Therefore, based solely on the facts contained in your post, yes, you can sue, and NO you will most likely not win.

2007-06-28 08:08:53 · answer #3 · answered by hexeliebe 6 · 2 0

talk to your state assemblyman.

2007-06-28 07:52:12 · answer #4 · answered by Anonymous · 0 1

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