HAMBERGER & WEISS LLP WINS HARD-FOUGHT SECTION 120 DISCRIMINATION CLAIM

A special provision of the New York Workers’ Compensation Law, section 120, makes it unlawful for an employer to discharge or discriminate against an employee in his or her employment because the employee has claimed or attempted claim workers compensation benefits. These claims are separate and distinct from workers compensation claims themselves and implicate the employer directly and not its workers compensation insurance carrier. Due to the unique nature of this provision and litigation under it, it is vital that employers consult early on with counsel well-versed in this area of the law to prepare a timely and vigorous defense.

In this matter, which was litigated for several years, a highly litigious pro se claimant clearly filed his claim for section 120 discrimination after the two-year statute of limitations had lapsed. He attempted to argue that the issue had already been litigated in the context of his underlying workers compensation claim. Our firm was able to mount a firm defense against this aggressive claimant, arguing not only that his claim for discrimination was time-barred, but that the record developed in the underlying workers compensation claim gave no credence to his claim of discrimination. We prevailed both in front of the Law Judge and in front of the Board Panel after this claimant made numerous arguments and filed voluminous briefs. We persuaded the board to see through the claimant’s rhetoric and decide the issue correctly under the law.

Our firm has the expertise and experience to guide employers in their defense of section 120 discrimination claims. We look forward to continued service to employers who do business in New York State confronted with these claims.

HAMBERGER & WEISS LLP
recordsbuff@hwcomp.com
(716) 852-5200

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