Is my employer liable for a re-injury while I am working on light duty?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is my employer liable for a re-injury while I am working on light duty?
I work in residential care for troubled youth. After a client restraint led to me tearing my ACL, I was placed on light duty by the doctor. My restriction was no restraints but I was still responsible for working directly with clients. Then 2 months later I was assaulted, further hurting my knee and setting back my rehab. Do I have a case for a civil suit for not being properly protected?
Asked on February 1, 2012 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what you write, you would appear to not have a cause of action. Your employer apparently honored the restriction of no restraints.The fact that a client assaulted you is not the employer's responsibility, where 1) they were seemingly honoring the restrictions and 2) you were continuing to do the job under those conditions.
You were still working with clients, but that's your job--if you could not work with clients at all, you could not do the job and they would not have had to pay you at all. You could have quit your job, possibly taken FMLA leave, asked for a furlough or suspension, but did not--you continued to work, knowing there was some risk, subject to the restrictions you own doctor provided. That would not seem to provide a basis for liabilty.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.