Ballston Spa, NY asked in Employment Law and Personal Injury for New York

Q: Can my employer lower my wage as a result of me getting a hernia injury when part of my job duties are heavy lifting.

I have a medical history and had this same injury before at the same job. They are aware of my medical conditions and have been for 6 years. It never was a problem until it went under new ownership this last year.

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: An employment attorney could advise most meaningfully on the element of your wages; as to the Personal Injury category you posted under, this may be something closer to workers' comp than personal injury. If your injury took place within the course of your employment, you may want to consider reaching out to a workers' comp attorney. Many of them offer free initial consults. Your question remains open for several days and the week ahead tends to be a slow one for many law firms because people are away on vacation - it could take time to set up an appointment. If you do have a valid basis for a workers' comp claim, it could make sense to meet with an attorney who practices in that area sooner than later. Good luck

Jonathan R. Ratchik agrees with this answer

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • New York, NY
  • Licensed in New York

A: As my colleague correctly advised, your question is best posed to a workers' compensation or employment law attorney, not a personal injury attorney. Generally speaking, you cannot sue your employer for an on-the-job injury - that's what workers' compensation is for and is your exclusive remedy. Whether your employer can lower your salary will depend on nature of your employment relationship, whether you are an at-will employee, whether you're a member of a union, etc. Best to speak with an experienced workers' compensation or employment law attorney. You can find one using the Find a Lawyer tab on the JUSTIA homepage.

Tim Akpinar agrees with this answer

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