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.

Related Topics:
1 Lawyer Answer

V. Jonas Urba

PREMIUM
Answered
  • 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?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.