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Worker's Compensation Discrimination

Discussion in 'Workers Compensation' started by statenislander, Sep 12, 2011.

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  1. statenislander

    statenislander Law Topic Starter New Member

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    I have a Worker's Compensation Discrimination case that I'm told I need an attorney for, but I cannot afford an attorney.

    Is there a site that explains the ins and outs of how these things work?

    I'm out of work and being blackballed by my previous employer.

    Like the original Worker's Compensation case, I've had a Worker's Compensation Discrimination case recently decided in my favor.

    It's the next step involving submitting damages that I'm having a difficult time with, which is why I am looking for a site where I can read up on how to do this.

    Any advice would be appreciated.

    Thanks.

    Statenislander
     
  2. army judge

    army judge Super Moderator

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    There are lawyers that will take WC cases on contingency or flat fee set by the state.
    I don't know the intricacies of NY law, but why don't YOU take the initiative and speak to a couple or three such lawyers in your county, city, or town?
     
  3. statenislander

    statenislander Law Topic Starter New Member

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    I have tried several. I don't know what contingency means, but I can't afford any "flat fee".

    Thanks to my employer (or should I say "previous" employer) I am on the verge of being homeless.

    That is why I am searching for a site where I can read up on how to proceed.

    Thanks.

    The following is a summary of my problem:

    I have a hearing problem that seems to have gotten progressively worse of the last couple of years. I was working toward getting something done about this when in July 2009 I injured my back at work. When my bills were mounting up and my employer was refusing to let me back to work, I filed a Worker's Compensation claim against my employer's wishes.

    My employer refused to cooperate with the Worker's Compensation Board by refusing to give me their insurance carrier information and my employer also refused to release my employment information to the financial aid department of the hospital where I had back surgery. After this info was found the WCB case disputed, but I won it in March of last year. (I also complained to the union). I was finally allowed to come back to work, but at a lower pay and hours. This kept dropping further, and despite my complaints my employer intentionally let me gun license lapse, and subsequently refused to give me unarmed work days to make up for the days I could not work as an armed guard. I was lucky to get my permit back from the NYPD after only a month, as opposed to the normal 6 to 8 months thanks to the gun custodian who explained the situation to 1 Police Plaza. I was still subsequently dropped down to working for lower pay as an unarmed guard when my employer promoted one of my co-workers to armed status.

    I tried my best to save enough money to get back to dealing with my hearing problem before it became an issue with my job and I had managed to save about $1000 from October 2009 to December 2010, and figured that the holiday tips would help me do this. But a week before Christmas my employer transferred me out of the site I was posted without explanation and told to report to the office for a new site. I did and when I inquired as to the reason for my removal from the site I was not given a clear answer. I was told to call the office back a few times over the next several weeks until I was finally told that I would be called.

    (A family member stepped in an bought me hearing aids, which I'm still working with).

    In late February I went to the union building and put in another complaint. I was asked by the union rep if I had been fired and I responded no, and that I still had my gun and gun license, both of which would have to be turned in when an employee leaves employment. Two business days later I received a message on my answering machine to come to the office to turn in my firearm.

    So on March 2nd (my 10 year anniversary with the company), I arrived to turn in my firearm. I asked the gun custodian why I had to turn in the firearm. He told me that it was just for safe-keeping since I was not working on an armed site. I explain to the gun custodian that no one was talking to me about returning to work, so he had me meet with on of the branch managers who gave me a site to go to for an "interview" the next day. When I arrived I was told by the site supervisor that he didn't know I was to show up and that I needed a special background check to work there anyway. None of my subsequent calls to the office were returned, so I filed a Worker's Compensation Discrimination complaint. My employer ignored this and refused to be present at the two hearings. Now, the Worker's Compensation Discrimination case was just decided in my favor. Damages are supposed to be submitted on Sept. 22nd, but I don't have money for an attorney and therefore really don't know how this is supposed to go or what I'm supposed to do.

    But the problem is that potential employers tend to give the benefit of the doubt to a previous employer's decision to refuse work to an employee. (Even if said employee was not officially laid off or terminated). The standard application questions inquiring about unemployed status and "reason for leaving", as well as the requirement to provide previous employment references(contact numbers) seemed to be the reason I am having a difficult time finding employment as an armed security guard, which is all I've done since 1988.

    So, for the second time in two years I'm fighting not to become homeless and it looks like I'll lose my gun license anyway if I don't get work, because it has come time for the re-certifcation.

    Any advice would be greatly appreciated.


    Statenislander
     
  4. army judge

    army judge Super Moderator

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    You can speak with your union.
    You can hire a lawyer.
    Many lawyers (in most states) will take a WC case on a contingency basis.
    That means no out of pocket costs to you.
    You might wish to speak to the state WC board for guidance about hiring an attorney in NY.
    Your union might also be able to offer you some advice.

    From what you've posted, I don't see the basis for a WC claim.

    But, I don't need to see that.

    However, you need to make the correct people see what I don't need to see.

    They're the important people, the WC people.
     
  5. statenislander

    statenislander Law Topic Starter New Member

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    I don't know what you mean when you say you don't see a basis for a WC claim. This has to do with a WC discrimination claim. (I already won the WC case back in early 2010). The subsequent WCD case was also recently decided in my favor.

    And I made several trips to the WC office where I've had my WC and WCD hearings. It is five blocks from me, and they can offer no help. All I get is I need to get an attorney.

    My "union"(32B/32J) is useless and a story unto themselves. They were only ever good for taking dues. They ignored me both time I attempted to get back to work when my employer refused to give me assignments in September/October or 2009 and now.

    I guess I'll have to try the Richmond County Bar Association again.

    Thanks.

    Statenislander
     
  6. army judge

    army judge Super Moderator

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    That is what I was trying to tell you.

    You need an attorney.

    These are few I found when I GOOGLED the phrase "richmond county ny workers comp attorneys".

    http://www.dddilaw.com/

    http://www.sicomplaw.com

    http://www.akglaw.com

    http://www.alancass.com

    http://www.nyworkerscomplawyer.com

    http://www.marabondo.com
     
  7. statenislander

    statenislander Law Topic Starter New Member

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    The problem is that I've learned that attorneys that specialize in Worker's Comp claims don't usually specialize in Workers Comp discrimination claims.

    And if I find one that does, it doesn't mean that they take a case on contingency.

    I thought it odd that the attorney for my Worker's Compensation claim wouldn't touch the Worker's Compensation Discrimination claim, which I pushed forward with myself.

    Thanks.

    Statenislander
     
  8. army judge

    army judge Super Moderator

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    What that tells an astute observer is that WC cases are relatively easy to win, as compared to the rare WC discrimination cases.

    Bottom line, there is probably a very low win ratio and a lower payout ratio.
     
  9. statenislander

    statenislander Law Topic Starter New Member

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    Yeah, so I proceeded on my own and won. I just don't know what to do next as far as submitting damages.

    Thanks.

    Statenislander
     

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