I used to work in a restaurant as a runner for year and a half ...my job was to carry a tray of food from the basement to the first floor...the only problem was they use the stairs as a storage for extra chairs and tables so I have to go from 6:30am to 4:00pm up and down the stair in a improper position and carrying too much weight on my right shoulder because the didn't have enough personal because nobody lasted much because of the condition and the not safe environment on the job...after June, 2014 I stopped working they gave me works comp but they stop on December 2014 since them i don't have no income and my legs are in so much pain to start a job or walk properly .I'm 27 years old, too young to be in this situation i need some advice in what to do because i need income to live..
Your workers compensation attorney should be able to extend your benefits if your condition persists. Discuss with workers compensation counsel.
You may have several options including possibly suing the restaurant for overtime pay if applicable. You should contact and employment attorney as soon as possible.
If your employer fired you for having a disability, you may have a civil rights claim against them, in addition to your claim for overtime and workers comp case. I reccomend you contact a labor and employment attorney immediately so that your time to sue does not run out. Your case may be governed by a statute of limitations or other limitations period and you shouldn't delay. Most attorneys will offer you a free consultation and offer to recover their fees in part, if not entirely, from your employer. AVVO is an excellent place to start your search.
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The fact that they terminated you does not prevent you from filing a workers' comp claim, and according to your question it looks like you did file it because you were receiving wage benefits (did I understand correctly?). You are definitely right, you are so young and need to think of the impact these injuries will have in your life. The most important thing you need is medical records. Your comp claim is only as strong as your medical records. So you have to have medical proof that you have a work-related injury and an opinion of whether you are disabled to work because of this work related injury and specifically in what degree. The second most important thing you need is an attorney to help you file everything correctly and timely, and to fight the insurance company for you. It does not cost you anything out of pocket, and consultations are usually free so you have nothing to lose and everything to gain by contacting an attorney. Time is of the essence though, there are statutes of limitations on many things, so find a trustworthy NY attorney to help you right away!
My answers on Avvo or anywhere online do not establish an attorney-client relationship and are not to be taken as legal advice. Medici Law P.C. and myself will not be held responsible for advice followed herein that leads to an undesirable outcome. As helpful as Avvo is, you should always consult with an attorney prior to taking any legal action or steps in your claim.
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