Bashed Hand Into Metal Rack At Work - Diagnosis: Tendonitis
From: Jenna Category: Workers Compensation
I bashed my hand into metal rack at work. I went to doctor's office. Diagnosis: tendonitis. I never had problems like this before. Only worked there for a little over a month. They are trying to say that they saw the video, and I had favored my hand all day that day, then changed their story. Do I have the right to view the tape, and have my husband with me when I view it? What can I do if they fire me when I get back or they cut back my hours?
From: Paul Ajlouny, Esq. Category: Workers Compensation
New York law obligates most employers to provide worker's compensation insurance coverage to protect employees injured in the course of employment. The law also protects employers that provide the w.c. insurance from most personal injury lawsuits.
You should notify the worker's compensation insurance company of your claim and retain an attorney who
skilled in that area of the law. We can refer you to someone who can help you with this.
Outside of the context of a w.c. claim or personal injury lawsuit, you have no "right" to view the tape, which is your employer's property.
Finally, New York is an employment at will state. This means that unless you have an employment contract you can quit or (generally) be fired at any time. Of course, there are always exceptions to any rule. You cannot be fired if it would violate a law such as the Americans with Disabilities Act or, because of your race, gender, etc.
Please remember that this is just a broad overview of some relevant aspects of
New York personal injury law. It is not intended to create an attorney client privilege and should not be relied upon to do so.
Paul Ajlouny, Esq.