Brooklyn, NY asked in Employment Law and Workers' Compensation for New York

Q: I got covid in January at work a coworker was sick and told management but they didn’t inform us I’m still sick.Help

Management didn’t inform the workers and I got sick . I’m still suffering from fatigue, headaches , hair thinning, teeth cracking and joint weakness I haven’t been able to get back to work fully I work once every two weeks because I get exhausted in the stores and can’t keep up. If I don’t do this I’ll eventually be let go and told to reapply is there anything I can do. I got sick because of my job

1 Lawyer Answer

A: Consult with a workers compensation lawyer immediately. Although it may be difficult to pinpoint where you contracted COVID, a skilled workers compensation lawyer might be able to tie it to your workplace. Good luck. Alternatively, if you have disabling conditions, ask your doctor about accommodations. Then request an interactive process with your employer during which you go back and forth, requesting that it provide you with reasonable accommodation(s) which do not cause your employer an undue hardship. Every employee and employer is unique. You must perform the essential job duties of your position with or without reasonable accommodation. You may need FMLA leave if the employer has more than 50 employees and you have worked there for at least a year, you may request intermittent FMLA leave as needed, or you may request job modification regardless of whether the employer must provide FMLA. Provide your treating physician with your job or position description, job duties. Ask them for suggestions to perform those job duties with modification if necessary. Your physician will need to identify one or more disabling conditions which qualify as disabilities under federal or state laws.

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