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Can you provide me general nformation on an injured workers

 
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  • Answered by:Tina
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Customer Question

Can you provide me general nformation on an injured workers' right to reemploymnet - an employer's obligation to rehire an injured worker - meaning is there a state statute or case law that says even no duty to rehire for same for the following states : Arizona, California, District of Columbia, Iowa, Maryland, Mississippi, Nevada, New Hamphire, New York, North Carolina and North Dakota, South Carolina, South Dakota, Tennessee, Texas, and Wyoming

Submitted: 405 days and 4 hours ago.
Category: Employment Law
Value: $100
Status: CLOSED
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Expert:  Tina replied 405 days and 4 hours ago.

Hello and welcome,

Providing a statute or case in each of the requested states would likely take quite a few hours and that is likely the reason you have not received an answer to your question. It would be best, XXXXX XXXXX need this information, to contact an attorney or paralegal to perform legal research for you as that is beyond the scope of this forum.

Most states do have laws in place prohibiting employers from retaliating against employees for filing a workers comp claim. Therefore, rather than there being an affirmative obligation to rehire a worker, employers are normally prohibited from retaliating against them in the first place and therefore must allow them to return once they are released to work.

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous. Thank you.

Customer replied 405 days and 3 hours ago.

so you will not be able to perform the research for the antiretaliation statutes ?

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Expert:  Tina replied 405 days and 3 hours ago.

I can look for a couple of them, but you are asking for 16. No, I am not willing to spend that kind of time for the amount posted.

Customer replied 405 days and 3 hours ago.

I understand. If you could do NY, North Carolina and North Dakota would that work ?

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Expert:  Tina replied 405 days and 3 hours ago.

I am looking for the statutes now.

Accepted Answer

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Expert:  Tina replied 405 days and 3 hours ago.

Here is a link to the NY statute:

http://law.onecle.com/new-york/workers-compensation/WKC0120_120.html

For NC, the citation is at: N.C. Gen. Stat. §§95-240 to -245

Here is a case citing the code:

http://www.ic.nc.gov/ncic/pages/court/065317.htm

For ND, the citation is at: N.D. Cent. Code § 65-05-37. Here is a link setting out this and other anti-Retaliation statutes:

http://www.kitchinlegal.com/employee-rights/Whistleblower-retaliation-claim-ND?agree=yes


If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous. Thank you.

Expert TypeLawyer
Category: Employment Law
Pos. Feedback: 98.0 %
Accepts: 7253
Answered: 3/2/2012

Experience: JD, BBA, recognized for excellence in this area of law.

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