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  1. #1
    Join Date
    Apr 2009
    Posts
    1

    Question Employer Bringing Me Up on Charges for Absenteeism While on Compenasation

    My question involves workers compensation law for the state of: New York
    I am a cook who has to prepare meals for approx 700 employees daily. The kitchen and the utensils are not of the state of art. I have had several injuries slips and falls, crates falling on my head, shoulder and foot. I have been removed by ambulance for injuries sustained. I have had operations on my foot and neck (epidural injections), knee and shoulder (arthroscopic surgery) and lower back care due to these injuries. All these lost days were documented by my doctors and hospitals, which I submitted as proof. I have had two cases thrown out by the 'Compensation Administrative Law Judge' because he claimed that 'I did not stay out long enough' hence he did not believe I was really injured, although I had all my medical papers. Now, I have been brought up on charges for being absent for 227 days from 2006 to 2008. and my employer is recommending termination. Can I be terminated for lost days for injuries I sustained on the job? Thanks.

  2. #2
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    266

    Default Re: Employer Bringing Me Up on Charges for Absenteeism While on Compenasation

    Can I be terminated for lost days for injuries I sustained on the job?
    The answer is Yes. If you have filed with the work comp system and they denied you twice already, that would hurt your case even further.

    Read through this it has details on termination and reasons as well as work place safety.

    Here

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