Legal Question in Workers Comp in Illinois

Re: FMLA and workers comp

QUESTION:

How can an employer run FMLA concurrent with work comp and terminate an employee when the employer cannot accomidate the work restrictions placed by the dr. in order to return to work

ANSWER:

If you have been removed from work due to a work-related injury then you are entitled to be paid for that time off work at a rate of 66% of your average weekly wage.

You cannot be terminated due to a work related accident and if you are discriminated against because of a compensable work injury then you may have a different kind of case against your employer, known as 'retaliatory discharge'.

A retaliatory discharge case is heard in the Circuit Court, as opposed to the

'Industrial Commission', and you are eligible for punitive damages.

When you are off work due to a compensable injury, you must be paid Temporary Total Disability or "TTD".

As long as a doctor has you on such restrictions, you must receive that pay (66% of your average weekly wage) even if you are 'terminated' or 'laid off'.

The Family and Medical Leave Act "FMLA" is a federal program that is administered by the U.S. Department of Labor and it has nothing to do with Workers Compensation but rather is an independent benefit for individuals temporarily unable to return to their occupation.

If you are unable to work then you may be eligible for FMLA status and you may be required to 'run-out' your FMLA leave, as FMLA does not provide an exemption for work-related injuries.

So FMLA may run concurrent but you may NOT be terminated so you almost certainly need a lawyer.

Good luck and let me know if you need any more information,

Matt Belcher