Legal Question in Employment Law in Illinois

Hi. I am an Illinois workers' compensation and employment law attorney that handles claims in most parts of the state. I am sorry to hear about this situation.

It seems questionable to me that they are calling your termination "voluntary". Employers are legally prohibited from terminating someone due to an on-the-job injury if they are on FMLA medical leave. However, if you were not on FMLA but were taking time off due to your injury, technically, they can terminate you in certain situations. However, it is also illegal for an employer to terminate someone in retaliation for filing a workers' compensation claim, or sustaining an on-the-job injury. This is the basis for a cause of action known as "retaliatory discharge".

More detail would be necessary to determine if they were prohibited from terminating you, and, also, whether you should be entitled to the reduced Cobra payments. Were you released from work by a physician during the time when you were terminated? If so, was it a physician that the employer referred you to? Also, the amount of time that you were off work is highly relevant. Have you obtained an attorney to assist with the workers' comp. claim?

Finally, what type of back injury did you suffer and does it interfere considerably with your ability to perform the functions of your job?

These are the type of details that are very relevant in determining whether you have legal recourse and an argument to obtain your Cobra reduced payments.

I can be reached, for your convenience, at [email protected]. Thanks.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.