Legal Question in Workers Comp in New York

Terminated after modified duty.

I was injured [neck] lifting a patient at work 8/07. I returned to work modified duty 1/08. Today i received a letter of termination. After a functionality test it was determined i am partially permanently disabled. They stated i can no longer work as an R.N. as a floor nurse. They said i was suitable for sedentary work only.

I have contacted several lawyers in my area and they do not seem to want to help me. I need my job and want to work. I was under the impression they had to find me suitable work?? I have worked at this hospital for 21 years.

Can they just terminate me like this?


Asked on 9/11/08, 6:28 pm

1 Answer from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Terminated after modified duty.

Yes they can. Just because you were out on compensation doesn't mean that you are immune from termination.

Question: Are you in a union? Did you file a greivance with the union?

If you are I would contact my union rep pronto!!

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Answered on 9/11/08, 6:33 pm


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