Demoted or no job

I suspect your physician determined you have a partial degree of disability.

If that is the case, it becomes particularly important to understand exactly what restrictions your doctor recommends.

You might wish to speak to and engage a NY State licensed attorney who specializes in "workers comp" claims.

You can locate dozens searching online, interviewing, and selecting one to represent you.

You and your employer might not fully understand "workers comp" with it's many "dos & don'ts".

An injured worker should never exaggerate the injury or disability and must be candid with her/his physician and Independent Medical Examiners about the daily life activities.

As an injured worker you must endeavor to use common sense to avoid any allegation that you are committed fraud under Section 114 of the Workers’ Compensation Law.

The Workers’ Compensation system in New York is complicated.

That is why you must retain an experienced New York State Workers’ Compensation lawyer of your choice, ASAP.

If you are unable to speak to and engage the services of a lawyer BEFORE Monday's deadline/decision comes, maybe you could ask your employer for Monday and Tuesday to be vacation or sick days.

that way you'll have to time to speak to your physician and hire an attorney to advise you further.

I am reluctant to offer you specific LEGAL advice, and you should be reluctant to seek it UNTIL you have hired an attorney to advise and direct your efforts.

Legal advice is BEST when it comes from YOUR attorney, not anonymous internet posters.

I wish you health, peace, and wealth.

 

The short answer is yes, it is legal for them to demote or fire you while you are on worker's comp so long as the action is not being taken because you filed the worker's comp claim. If the action is being taken for some other reason, like a need to downsize, then being on worker's comp does not protect you. You might have some protection under the Americans with Disabilities Act (ADA) or Family and Medical Leave Act (FMLA) or similar NY laws, however, that might enable you get the employer to allow you to work only 4 days a week, at least for awhile, or make other changes to the new job to accommodate your medical situation. But those laws will not prevent you from getting demoted. You may wish to see an employment law attorney for advise to go over the exact details of what is happening and see what options you might have, but realistically that won't happen before Monday.

 

How long ago was your work injury?

 

My advice (not legal advice) for the two cents that it's worth: Take the demotion and immediately seek employment elsewhere. During that period if you get fired because you don't meet your goals you'll be eligible for unemployment compensation. If you decline the demotion and get fired, you may be ineligible for unemployment compensation because of "refusal of suitable work." Not exactly sure about that but it's a risk.

 

If it has been a year and a half since your work injury, I think you will have a very hard time proving that the sole reason for the demotion is that you filed a workers comp claim.

 

Do you have some sort of an "official" disability?

 

"Official" is not a great word to use here. There is no such thing as an official disability versus an unofficial one. For the ADA, the issue is whether the employee has a condition that meets the definition of a disability in the Act. And that definition is quite broad. The federal Equal Employment Opportunity Commission (EEOC), which is the agency that enforces ADA claims in the employment setting, explains what is a disability under the act on its page on Disability Discrimination.

 

Why not start by asking your workers comp lawyer?

You'll get an answer or be shooed away.

Nothing ventured, nothing gained.