While the Workers’ Compensation system seems like it might be easy, there are complications. An employer might refuse to recognize the injury as work-related, for example. Or they may say that the medical treatment received or the disability pay sought is unwarranted.
How a Queens Workers’ Compensation Lawyer Gets Your Case Started
In these cases you may need to consider Workers’ Compensation lawyer for your Queens case. This attorney may file a motion for benefits with the New York State Workers’ Compensation Division on the employee’s behalf. Then the case will be assigned to a judge in a special Administrative law proceeding.
Expecting Retaliation from Employers
Another worry for employees with Workers’ Compensation claims is that the employer may attempt to retaliate against the employee. Anything from false write-ups to cut hours or forced shift changes and transfers may hinder the ability of the employee to do their job safely and to their usual performance and can be a way to prove incompetence to establish a grounds for later dismissal.
If you are faced with this kind of retaliation, seeking a Queens Workers’ Compensation lawyer may be your best recourse to prevent further job instability by court order.
What Could Happen During Your Queens Compensation Claims Process?
An employee may not be fired for filing a compensation claim, nor can one be fired for testifying in a proceeding. If you believe this has happened, you have two years to file a complaint.
If the Board finds in your favor, you must be returned to your previous placement and paid all lost compensation from time not working due to this discrimination.
If you have a disability, you also cannot be discriminated against as the Americans with Disabilities Act of 1990 guarantees protections in employment as well as in public accommodations. The ADA can aid injured works find their way back to employment as well.Share This