New York employers now have more incentive to move workers' compensation cases along quicker if the case includes accusations that the employer retaliated against employees who filed a work-related injury claim.
Reason: State workers' comp law says employees who lose their jobs to retaliation "shall be compensated by his or her employer for any loss of compensation." Compensation includes interest on the lost wages for the time between discharge and final award or reinstatement.
Recent case: Marc Greenberg filed a workers' comp claim against the New York City Transit Authority in 1994. He was fired shortly after and reinstated in 1997. Since then, he's fought to gain interest on his back pay. He finally won. The court agreed the workers' comp law authorizes an award of all lost wages, including interest from the date of discharge to 2006. Result: Greenberg earned $35,459 in interest. (Greenberg v. New York Transit Authority, Court of Appeals of New York)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- How should we respond to a subpoena for one of our employees' personnel records?
- How much access must we grant OSHA inspectors?
- Not all offenses are equal--make the punishment fit the 'crime'
- Review severance pact for clarity; define 'for cause' terminations