Husbands on WC, Company he worked for Sold

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sheila246

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My jurisdiction is: Oklahoma

Hello, My husband has been on WC since February 2008, he has had 2 shoulder surgeries. His employer has not been helpful at all. The company sold out last July 2008, the old company(weatherford) still has 35% in with Borets the new company, the HR (human resources)contacted him and said that they were sending him a new hire pack, because of the sale out. He filled out the new forms, and they said they were going to find him a position so he could come back to work after the DR. releases him. The HR told him a few weeks after they wanted to meet with him and she would go over the job position. She never showed up, and then she called him and told him she would mail it out to him back in August, (we are still waiting) we never recieved anything, they then canceled all of our benifits (health & life insurance, and 401K retirement plan) the letters we recieved from the insurance and 401k said he was terminated. He has tried contacting his boss and he will never return our calls, he did send an email requesting his uniforms and company phone, he has been emailing back and forth with HR and she finally contacted him and told him that he is not employed by Borets, but he is still employed by Weatherford, for which is a corporate chain of business's, and there is not one anywhere close to were we live, the closest one is 2 hours away. So he has been trying to get into contact with HR with the old company, but she has still not contacted him. I feel they are giving him the run around.
 
My specialty is New York State.

But in New York, I would tell you that you may be dealing with two separate issues: workers comp law and employment law.

In New York they are unrelated in terms of the court/agencies in which the issues are decided..

If your husband has an injury/injuries that have been established as work related, the insurance company that covered your husband's employer at the time of the accident(s) is responsible from day one, regardless of your husband's later employment status or the status of the firm at which your husband was working at the time of his accident(s).

The other issue appear to be a labor law/employment issue. In NY, the only time the comp board would be involved is if your husband was fired or demoted or denied promotion solely because he had a claim. The law would not apply if due to the accident(s), he was unable to do the work.

In New York, the issue you present appears to be in a gray area and a competent workers comp attorney could decide which way to proceed. In NY, many of the comp lawyers do both comp and labor law. Check with your comp attorney and see what they say. And if you do not have an attorney, you had better consider one.
 
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