fired due to two ins companys fighting who going to pay
i have two ins companys fighting over my claim. they keep stalling on who is going to take the blame.its been 1 1/2 years now. just the other day my company fired me for too much time missed. what are my rights. i'm just waiting for carpoltunnel surgery. my privet ins comp will not give me the ok either.they say it wc injury.the company does not have light duty.
1 answer | asked Oct 9, 2001 7:52 PM [EST] | applies to New York
Answers (1)
Fired while out injured
Your question doesn't contain enough information to give you an adequate response, but it sound like you really have two different issues.
One issue is whether, having suffered a work-related injury which prevents you from returning to regular duty, your employer can fire you. The short answer is yes. There is no guarantee of continued employment. If you are unable to work, no matter what the reason, your employer is able to replace you.
But there are some caveats. For example, because you injury is job related, you are entitled to workers' compensation. Under NY State law, you cannot be fired because you filed a workers' compensation claim. But this is different than being fired because of an inability to work stemming from a work-related injury. You can be fired for the inability to work, but not because you made a claim on your employer's workers' compensation policy.
The other issue seems to be who should be paying your medical bills. Here, I really can't give you an answer. You mention two insurance companies, but I don't know who they are, or what type of coverage they are giving you. If one of them is the company providing your employer with workers' compensation coverage, you can hire an attorney (I don't do workers' compensation work), and get a hearing to decide whether the workers' compensation carrier should pay.
If one of the insurance companies is your health insurance company, make sure you get a copy of the summary plan description covering the plan. The SPD will spell out a lot of your rights, and what you may be able to do.
One option that you may have is to file a complaint with the New York State Insurance Commissioner. This route often proves useful, although it is really very informal.
posted by David M. Lira | Oct 10, 2001 12:09 PM [EST]
Your question doesn't contain enough information to give you an adequate response, but it sound like you really have two different issues.
One issue is whether, having suffered a work-related injury which prevents you from returning to regular duty, your employer can fire you. The short answer is yes. There is no guarantee of continued employment. If you are unable to work, no matter what the reason, your employer is able to replace you.
But there are some caveats. For example, because you injury is job related, you are entitled to workers' compensation. Under NY State law, you cannot be fired because you filed a workers' compensation claim. But this is different than being fired because of an inability to work stemming from a work-related injury. You can be fired for the inability to work, but not because you made a claim on your employer's workers' compensation policy.
The other issue seems to be who should be paying your medical bills. Here, I really can't give you an answer. You mention two insurance companies, but I don't know who they are, or what type of coverage they are giving you. If one of them is the company providing your employer with workers' compensation coverage, you can hire an attorney (I don't do workers' compensation work), and get a hearing to decide whether the workers' compensation carrier should pay.
If one of the insurance companies is your health insurance company, make sure you get a copy of the summary plan description covering the plan. The SPD will spell out a lot of your rights, and what you may be able to do.
One option that you may have is to file a complaint with the New York State Insurance Commissioner. This route often proves useful, although it is really very informal.
posted by David M. Lira | Oct 10, 2001 12:09 PM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers