Legal Question in Employment Law in Illinois

Maybe -- they may be referring to the FMLA which is approximately 90 days (12 weeks). Better clarify what law or rule or whatever it is they are citing and relying on for this statement.

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Hi. I am an Illinois injury attorney that handles a lot of work injury claims. One of the most critical things that needs to be determined first is whether or not your employer properly filed a report of injury with the Division of Workers' Compensation. If they did not, and often employers fail to do so, you can lose the right to pursue the numerous benefits you are entitled to under the workers' compensation system, including a monetary settlement.

A few additional details would be needed to determine if your employer is required to guarantee you your job back when you return. Whether or not you have been fully released from work by a physician is very relevant here. Also, the nature of your injury and whether it will affect the normal activities of your job is important to know.

If you are on FMLA leave, your employer is required to hold your position for approximately 3 months. Also, if your time off is due to a work injury, they are required by law to pay you during your time off. Moreover, if your injury results in any longer-term symptoms, or disability, you are entitled to a monetary settlement under the workers' compensation laws. However, there are documents that need to be filed to protect your rights to receive your benefits.

I hope this helps some. I can be reached, for convenience, by e-mail at [email protected]. Thank you.

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.