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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 16627
Experience:  Licensed Attorney with 27 yrs. exp in Employment Law
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My wife is a cook, three days ago she had cut her finger and

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My wife is a cook, three days ago she had cut her finger and nail with a knife when she was working. The boss bandaged her wound and she continued to work. Four hours later she continued to bleed, so she went to the hospital for emergency. The doctor bandaged her again. Next day her wound infected and swelling. The third day, the doctor asked her to stay in the hospital, up to now also in the observation.
I want to know if my wife claims damages to the employer, how can she do?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 11 months ago.
Hello,

Thank you for the information and your question. First though, I will need to know what state your wife works in. Also, just to be clear, did her employer tell her that he had opened a workers' compensation claim for her?
Customer: replied 11 months ago.
My wife works in NY. Her employer bought the labor insurance, but I don't think he like to open a workers' compensation claim. He will try to avoid damages.
Expert:  Marsha411JD replied 11 months ago.
Hello again and thank you for the your reply. Here employer must allow her to file an accident report and must open a workers compensation claim, that is the law. That too is the only way that she can receive coverage and compensation for her injury. In other words, the law is the exclusive remedy for employees. It is a complicated explanation but the law in all states is that when an employee is injured on the job, regardless of fault, the employer must have WC insurance and must open and process a claim under that insurance and the employee cannot sue the employer in tort.

So, she will need to insist that he contact the WC insurance provider and open a claim. If he refuses, then she can contact the State WC Board. She can find out all the information she needs to file a claim with the State and what her rights are by going to: http://www.wcb.ny.gov/content/main/Workers/Workers.jsp
She will want to put in writing the facts of the accident and when they occurred and what her injuries were and give that to the employer and also that will be part of the claim form that she can get from the State website I provided to you.

The Site also contains information on what her benefits will be. In general, the WC insurance must pay for all of her related medical care and if she misses work a percentage of her daily wages. Then once she is considered to be healed as much as she is going to be, they will offer a settlement amount to close the claim. It isn't a lot of money, but that is the system.

Her employer cannot lawfully take an adverse employment action against her for filing a WC claim. If they do, she would have a cause of action against them. For example, if she was terminated for filing the claim, she would have a wrongful termination suit.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 16627
Experience: Licensed Attorney with 27 yrs. exp in Employment Law
Marsha411JD and 3 other Employment Law Specialists are ready to help you
Customer: replied 11 months ago.
I need to add that my wife only worked in that company for two days, then the accident happened. I think working days does not affect the case claim.
Expert:  Marsha411JD replied 11 months ago.
Thank you for your reply. You are correct, it doesn't matter if the employee is hurt on their first day of work or after 20 years, then employer is still responsible for the WC claim and all of the laws I mentioned still apply.
Customer: replied 11 months ago.
Thank you very much.
Expert:  Marsha411JD replied 11 months ago.
You're welcome!
Customer: replied 11 months ago.
Hi Marsha,
I have cantacted with the employer. He don't know English and just showed the following imformation:

1-11 ER# XX-XXXXX
Zhong Xiang Lu
DBA GUIZHOU BEEF RICE
NOODLE & NOODLE HOUSE
4146 Main ST. STE 207
FLUSHING NY 11355

I wonder which is the Labor insurance No.?
Expert:  Marsha411JD replied 11 months ago.
I am not sure but I imagine it is the number at the top. In other words, the ER#. The WC Commission should be help you in finding out the number
Customer: replied 11 months ago.
Thank you.
Expert:  Marsha411JD replied 11 months ago.
You're welcome and best of luck to you and your wife.

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