Are women and men treated the same way when they are dealing with similar workers’ compensation claims in New York? By law they should be treated the same, but unfortunately in reality this does not always happen. Sometimes, even without meaning to, employers discriminate against workers of different genders.
Gender discrimination is evident in a recent case involving a female truck driver. The woman was injured on-the-job and had been out being treated for an injury and receiving workers’ compensation benefits. When she returned for work after being cleared by her doctor, her employer asked her to take a follow-up physical exam to determine if she was ready to return to work.
Unfortunately, the female worker failed the physical and was fired from her job. She decided to sue her employer, claiming that male employees doing jobs like hers didn’t have to take follow-up physicals after returning to work from an injury.
What do you think happened? In this case, the female worker won her gender discrimination case. Her employer could not explain why it made a female employee take a return-to-work test after an injury that male workers with similar injuries were not required to take.
It can be tough to prove that a company has committed gender discrimination, but female workers should not be held to a different standard than a male worker in a workers’ compensation case – or vice versa. If you notice that your NY workers’ comp claim is being handled differently than it has been handled for other workers, it is a good idea to find out why – and if there is no good explanation, keep pushing until you are treated fairly – even if that means hiring a lawyer.
Are you concerned that your New York workers’ comp case is not being handled fairly?
Is your employer treating you differently after an on-the-job injury? Are you having trouble returning to work after a workers’ comp claim? Don’t let discrimination or unfair treatment prevent you from getting the benefits you deserve after a workplace accident.
Please contact the law offices of Markhoff & Mittman today to see how they we can help with New York workers’ comp case.
Markhoff & Mittman, P.C.
14 Mamaroneck Avenue
White Plains, NY 10601
Toll Free: 866-205-2415
Phone: (866) 205-2415
Fax: (914) 946-0810