My employer where I was injured a year and a half ago, is NOT obligated to hire me back, find me a position, or even pay me at the same rate I was receiving at the time of injury. Either my lawyer sucks, or everyone else I have been speaking to is wrong. If my lawyer is wrong, how do I find this out? Sadly, It seems to me that Workers Comp does not do much to protect the injured. I have to reapply at my former employer, submit a resume, go through the interview process and try to get hired all over again and possibly have to start at the beginning all over again with money per hour.
2007-10-02 04:03:04 · 5 answers · asked by kitkat 1 in Politics & Government ➔ Law & Ethics
This is NY state and my lawyer said that NY laws state that they can hire and fire for any reason.
2007-10-02 04:03:48 · update #1
The specific answer to your question lies in HOW (and IF) you actually terminated employment with your employer. Most people on Workers' comp do NOT terminate employment. They are put on temporary disability status or reduced duty assignments, etc. If you terminated, how did that come about?? The employer cannot terminate you for getting injured. If you quit voluntarily, you have jeopardized your own position. I think it's time for a different attorney.
2007-10-02 04:28:14 · answer #1 · answered by jurydoc 7 · 0⤊ 0⤋
Workers Comp laws vary from state to state. And the fact is that Workers Comp doesn't necessarily protect the worker. About all it does, is that if you are injured at work, your regular insurance (if you have it) does not have to pay, and the coverages (what is allowed, disallowed, how much is covered, etc) is per state workers comp regulation.
Most states are 'employment at will' - and it sounds like NY state is. That means you can quit with little or no notice and for whatever reason - and the employer may terminate you "whenever and for whatever reason they want, usually without consequence."
You need to find an employment law attorney to talk with. That specialty will look at your case to see if there is grounds for any legal action against your (former) employer based on what they did or didn't do and based on what you did or didn't do. That's a different thing than what a workers comp attorney does.
Good luck.
2007-10-02 04:23:56 · answer #2 · answered by Barb B 4 · 0⤊ 0⤋
What employer wants a previously injured worker back? Do you think other employers will hire you if they are aware of your injury? Did you think that there was no downside to this process? Best of luck, I hope you find something soon---
2007-10-02 04:18:30 · answer #3 · answered by connor g 7 · 0⤊ 1⤋
Workers Comp does not cover rehiring. Sorry.
2007-10-02 04:06:36 · answer #4 · answered by merrybodner 6 · 1⤊ 0⤋
Your question being...?
2007-10-02 04:06:47 · answer #5 · answered by gilgamesh 6 · 0⤊ 0⤋