QUESTION
Got fired from new job after a week for an old work related injury
Asked on Sep 18th, 2018 on Discrimination - New York
More details to this question:
Just started a new job last week and since ive been out of work for a couple of months an old injury started to bother me. Went to the Drs the following monday and took me out for the whole week. Got a call today saying the owner wants to find someone else and im being terminated since i just started and drs took me out. Im feeling discriminated against especially since i told them before i started i had an old arm injury and was told that they didnt care as long as i could get in and out of vehicles with no problem. But being out of work for so long and jumping right back into it caused a flare up and now i sit here jobless again.
1 ANSWER
You have to be able to perform your job duties with or without reasonable accommodations. You have a duty to ask for an accommodation if you need one. If you did not think you needed one went to work and injured yourself you might have a work comp claim. Seek a lawyer who handles those cases.
If you just aggravated or exacerbated an old injury that may or may not be compensable under new York's comp law.
Either way sounds like you need an immediate consultation with a workers compensation lawyer.
Answered on Sep 19th, 2018 at 6:08 AM