Asked in Employment Law for New York

Q: Is my boss liable if he ignores my health issues and I get sick at work?

I had a heart attack at work 2 months ago working my day shift. The overnight guy quit and my boss now wants me to work overnights alone, where I could not call for help if I get sick again. If I were to get sick or die is the company liable knowing that I have a health issue? Thanks.

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1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
  • Tarrytown, NY
  • Licensed in New York

A: You must be able to perform the essential functions of your job with or without a reasonable accommodation. If you are disabled ask your physician whether you require an accommodation. But be careful if the accommodation causes an undue hardship for your employer which would permit them to replace you.

A workers compensation lawyer would be better able to address a possible comp claim. That would likely require some unusual or extraordinary event at work related to any health issue you might sustain. Challenging.

Consult an employment lawyer if you think this will result in your job loss before that happens. Unless you suffer as a disabled person who needs an accommodation they may not need a reason to let you go without a union, a contract or a government employer to possibly protect you?

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