Bus operator injured making an attempt to forestall assault on Asian couple now fights for employees’ compensation
NEW YORK – Tommy Lau is always watching what’s happening on the streets.
He has been with NYC Transit for 23 years. He operates the express bus to Manhattan from the Bensonhurst, Brooklyn area.
He wore his uniform and took a break from a day or training session on March 23rd while taking a stroll down 86th Street. Near 25th Avenue, he saw an elderly Asian couple being molested and robbed.
He went over to see if he could help.
“The next thing you know, he spat on me and hit my face. He called me a racial slur. I ran after him and fell, ”he said.
The police managed to arrest the suspect. Lau was injured in the fight and has not yet returned to work. He applied for workers’ compensation, but it was denied because the attack happened during a hiatus.
Tim Minton, MTA’s director of communications, says that decisions about compensation for workers must be based on state law.
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“Those who believe the law does not cover this case can and should use NY law to change it,” he wrote.
Robert Gray is a workers’ compensation lawyer. He says claims are valid if the incident occurs as part of employment.
“There are a long line of cases that broaden the employment history. Often lunches and short breaks qualify. There is nothing in the law that says they have to contest it. They could have chosen to defend the case or they could have accepted it, ”he said.
The story was first told in an article by Jose Martinez in The City this month. The lawsuit is heard by a compensation judge who makes a decision.
A spokesman for the NYS Workers’ Compensation Board responded to an email from PIX11 News asking for guidelines.
“Each case is considered for its unique facts, and there is no one general rule that applies to all situations,” wrote Melissa Stewart.
Tommy Lau hopes to be able to go back to work.
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