I'm sorry for your ordeal with the compounding of your workplace injury with surgery-related injury. If the surgery-related injury is the result of negligence, error, or other factors related to a breach of medical duty, that could possibly establish the basis for a claim based on medical...Read more »
The fall at Northwell Health Lij resulted in a life threatening situation for my daughter and I , and I underwent 2 back surgeries. I had to leave my home and move in with my parents for financial and medical reasons. It led me to file section 32 which required me to resign, however the resignation... Read more »
Consult with personal injury lawyers. Maybe a third party lawsuit? Constructive discharge is very difficult to prove. You were either able to perform your job duties with accommodation or were not. Did you request any type of reasonable accommodation and if it was reasonable and not an undue...Read more »
My account was terminated and my commission not paid out, they claim it's due to my account being terminated because of intellectual property infringement. Is that legal, for them to keep the money I earned?
Whether this is legal or not will depend on the terms of the contract that you signed when you used their services. The terms are on their website (https://www.teepublic.com/terms). I have not reviewed their terms, and the link is for your convenience. This is not a full legal analysis of their...Read more »
received a separation letter from my employer while i'm on medical leave since mid-Jan 2018 to present. I have a legal counsel helping me to negotiate a termination package, however not totally satisfied as I feel I'm being medically discriminated against and now terminated, but if i sign the... Read more »
In New York you may or may not incur costs. It depends on where you file charges or a complaint. The more important question might be the cost of waiting years to resolve your matter. Federal court in New York state is often 2 and closer to 3...Read more »
Hurt @ work - put on light duty. I'm required to go to the Dr to get checked and released back to full duty. Work isn't paying me for the time I am at the dr's. is this legal? Or are they required to pay when I was injured at work.
Under the New York State Paid Family Leave Act (NYSPFL), which took effect on January 1, 2018, you can take up to 8 weeks of paid leave in order to bond with your newborn. You are entitled to receive 50% of your salary up to $652.96 per week.
If you are temporarily disabled by a pregnancy,...Read more »
I was working as physical therapist and injured my back in April 2014. I filed for worker compensation claim and received benefits for one year. Then I went to out of country for one year and stopped to see doctor and stop receiving benefits. I came back to USA 8 months before and managing life... Read more »
Best thing is to get a consultation with a Workers' Compensation attorney. If you had one in 2014, contact him/her. If not, Worker's Comp attorneys give free consultations. You need a Workers Comp expert.
arty lawsuit settled, and while I understand how the lien goes against payments to me, I am aghast that I had to pay my lawyer out of my share while the insurance company is allowed to offset their share of the legal fees and put them against what they owe me, not only creating a conflict of... Read more »
You need to retain a work comp lawyer ASAP. They charge nothing unless they win. The percentage or fee they can charge is strictly controlled by state law. Lawyer up now. The employer is certain to have many defenses to challenge a late notice of claim.
My employer is mad because I fell and didnt follow rules according to them to say I didn't hurt my self at work but instead at my home. I have recordings of one of my boss talking n saying I shouldn't have said i hurted at work. And coming to intimidate me at my home.
Employers with independent contractors are surprised to discover that it does not matter what a person is called. It's what they do, how they are paid and controlled, and how much expertise they truly have that matters.
Assuming you have independent contractors who might file...Read more »
I have a open worker's compensation case for my lower back. I have FMLA on my self for it due to pain. I loose time roughly 8hrs per week from my comp injury. Is it possible to get reimbursed for any of the FLMA time i use for my comp injury?
There is no requirement under the Family and Medical Leave Act to be compensated for time off for treatment. However, your employer is supposed to coordinate the protections of the FMLA and Workers' Compensation. If your employer chooses to compensate for FMLA leave, or if you have paid sick...Read more »
The court needs assistance to interpret English to another language because the language is rare in the area and no interpreter available in NY state. I am the only one who knows the language very well. The court cannot provide payment to me because I hold F-1 visa which why I am not allowed to... Read more »
You should repost your question as an immigration law question. Not that many of us employment lawyers handle immigration law. But all immigration lawyers will know about who is authorized to work where and when. Then if an issue concerns employment laws which affect all workers ask us. Good luck.
I am 47 yrs old have been on Comp (NYS) for 3 years, Finally last year had bilateral carpal tunnel and trigger finger release (3), on my dominant hand, I now have Crps1 and am not a candidate for my left hand to be operated on for bilateral carpal tunnel and trigger finger 3 on this hand too. Crps1... Read more »
To underpay you, cutting down the hours you faithfully did for the companies own benefit. This company even has and it's doing illegal activities. Or to falsificate your signature to fire you from your job.
I would like to see the potential of my case. Thank you & Enjoy your day.
I thought I was ineligible for unemployment as I was fired for misconduct. However, it turns out that I am eligible, even though I turned in my application 3.5 months late. As such, I missed all of this time of unemployment benefits prior to my application date. Can I file with NY state to retrieve... Read more »
You can still file for benefits but it will be difficult to recover if you did not file for your weekly benefits over the past 3.5 months. The Department of Labor requires that you file for benefits every week, even when you have been denied and are trying to overturn the decision. In NY State you...Read more »
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