Work Injury, Termination and Workers' Compensation

New York (NY) Viewed 198 times. Posted 9 months ago in Employment / Labor. Flag this as objectionable
Some time ago my friend in New York reported her hand injury to her employer. Her work involves intensive and repetitive use of mouse for 6-7 hours/day. She was reassigned to lighter duties as soon as she showed a letter from a Primary Care Provider.

Few weeks later specialist recommended against resuming her old job till she feels better and complete diagnosis is done. Specialist plans to file C-4 with WC only after test results and full diagnosis is done. She has yet to file c-3 with workers’ compensation. Specialist requested more tests to conclude investigation of cause and nature of injury.

In the mean time employer gave a notice expressing their inability to offer further accommodation (i.e. provide alternate tasks) and informed her that if she can’t resume her old job her job will be terminated.

I have following questions:

Is there any thing she can do to avoid this termination?
Can employer terminate employee for their inability to perform duties?
Can she do any thing to protect her right to file her WC Claim after termination?
Does she need attorney at this stage? - Is this your question? Add additional information

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Answers (1)

Anthony John Colleluori

Anthony John Colleluori

Contributor Level 7
1 of 1 users found this helpful. Posted 9 months ago. Flag this as objectionable
1.Is there any thing she can do to avoid this termination?
She could return to her old duties. That however seems cruel given the circumstances.
If she is in a union she can complain.

2. Can employer terminate employee for their inability to perform duties?
Again this depends on if she is protected by a union contract or employee manual that promises that she cannot be terminated if she is injured. On the other hand, how long can the employer be expected to carry an employee that is not profitable? That is why he pays compensation. It is her specialist who should make a preliminary diagnosis.

3.Can she do any thing to protect her right to file her WC Claim after termination?
She does not lose her right to compensation just because she is fired. In fact she can collect Unemployment while pursuing the other claim.

Does she need attorney at this stage?
Absolutely. There is no cost to her to have a WC attorney. In fact it can only make things go more smoothly. She should seek counsel immediately.