Law Office Of Michael G. O’Neill, The Types of Cases We Handle
Worker's Compensation Retaliation or Disability Discrimination?
New York has a very broad definition of disability.   In fact, I would argue that any illness of any duration is a disability, but that's a discussion for another day.   What is clear to me is that any injury that is significant enough to become the subject of a contested worker's compensation case is a disability.    
So what happens when a worker who has been injured and filed a worker's compensation claim is terminated?   Is that retaliation for filing the worker's comp claim, or is it disability discrimination?   Or both?   If it's retaliation, it's also discrimination.   It could be discrimination without being retaliation.   New York makes it illegal to do either.   So which do you file?

This is not a tough decision.   The retaliation claim can only be filed in with worker's compensation board.   No jury, no pain and suffering damages, no punitive damages.   These claims should be brought as discrimination claims in a court of law, where you can obtain complete relief.

By the way, what do you do if an employer will not hire you because you had a worker's compensation claim against a previous employer?   There is a little known law on this point that I have used with great success.   If you feel that you have not been hired for this reason, you should seek legal advice.

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