These forms contain a sample motion requesting permission to hire counsel, an order granting the motion, and a complaint alleging failure to pay Workmen's Compensation benefits and wrongful termination.
New York Motion, Order and Complaint - Worker's Compensation - Wrongful Termination
State:
Multi-State
Control #:
US-PI-0251
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Motion, Order And Complaint - Worker's Compensation - Wrongful Termination?
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FAQ
Employers are not required to hold positions. Workers' Compensation Law does not require your employer to keep your job open for you. However, most employers do take injured workers back. Stay connected with your employer about your job status.
Example: Your employer is not allowed to fire you because you have filed a workers' compensation claim. However, the Workers' Compensation Law does not require your employer to hold your job for you if you are not able to work because of an injury, and your employer needs to fill your position for business reasons.
Does receiving workers' compensation affect my benefits? If you receive New York State workers' compensation, but you are available and physically able to work, you may be eligible for unemployment insurance benefits. However, this may reduce your weekly unemployment benefit rate.
New York law makes it clear that employers cannot terminate an employee simply because he or she filed for workers' comp benefits.
Section 11 of the New York Workers' Compensation Law also bars third parties from suing an injured worker's employer for contribution or contractual indemnification unless the employee has sustained a ?grave injury? as defined by law.
Exceptions to the exclusive remedy rule for actions against the injured worker's employer include: (1) dual capacity; (2) fraudulent concealment; (3) employer assault or ratification; (4) power press; and (5) uninsured employer.
Or fax your complaint to us at (518) 486-3745. You may also file a complaint by calling our toll free hot line at 1 (800) 367-4448. This will connect you with trained staff who can discuss with you the specifics of your complaint.
This amount is determined by how much money an employee loses when they can't go to work and earn their regular wages. The length of time you can stay out on workers' compensation will range from 225 to 525 weeks.