CAREER CORNER

Suing your employer over sleepless nights

By Daisy Carrington, amNewYork Deputy Features Editor | dcarrington@am-ny.com

August 13, 2007

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I am an hourly employee who works for a security alarm company. For many years, my name was on an emergency call list, and I was called at all hours throughout the night. Now, I have trouble sleeping. Can I ask my company to pay damages?
- Sleepless in NY

There is a chance you can get worker's compensation from your company. However, that chance is rather small.

According to Troy Rosasco, a partner at Turley, Redmond & Rosasco, a law firm specializing in worker's compensation, "it's a long shot, but not impossible."

The first thing you'll need to do is to schedule an appointment with your doctor.

"Have a heart to heart," advises Rosasco, "and ask whether or not the change in sleep patters has caused a specific medical problem."

For instance, you could argue that your lack of sleep has caused high blood pressure or an extra strain on your heart. However, you'll have to get your doctor to agree to put your claim in writing.

Following your doctor's appointment, you should ask your employer to fill out an accident report. If your employer's insurance company refuses to compensate you, you should then seek out representation.

However, you should know going into this that yours would not be an easy case to win.

"In my 15 years of doing worker's comp, I have only seen a case like this work out once," says Rosasco, "not to say that it's impossible, but it is a fairly uncommon occurrence."

Do you have a work-related question? E-mail dcarrington@am-ny.com.