Legal Question in Workers Comp in Illinois
Had my foot crushed and was laidoff after returning after they ask my Dr. to rel
I had a crane drop a 5000lb metal box on my foot crushing it to the point that it almost cut it off.Now after I went through several months of medical and physical therapy my employer kept contacting my Dr. asking him to release me to light duty or full duty(this went on from 2 weeks after my injury and was at the point were my Dr. would no longer take most of there calls)l.After my Dr. consulted with me and told me about all the calls he ask me if I felt I could go back and do my job I told him I'm not sure until I do it.He released me with agreement if i cannot make it call him right away and tell him and he would place me back on workcomp.They called to tell me to come into work at 7a.m. I was told I was going to do something else instead i said ok at 10a.m. that day they told me I was laidoff do to my workcomp claims(I had both sholders broke on the job 3yrs prior)and I was never going get to do my old job again reguardless if the Dr. gave me the ok or not.My lawyer won't call me back either been over a year since I heard from him ,secretart told to get another atty and i will pay them both regardless.
2 Answers from Attorneys
Re: Had my foot crushed and was laidoff after returning after they ask my Dr. to
You really not asking a question. I suppose you are wondering what you can do. Your lawyer must give you timely status as to the progress of your case. If he does not, and you feel that he is ignoring you, fire him and get another one. You will only pay ONE fee. That is 20% of the proceeds goes for the fee. If there are two attys involved, they will, with agreement, share that 20% (assuming you have a workman's comp case going). If there are two attys, that does not mean that you give one 20% and the other atty another 20%. Never listen to what a secretary tells you. They are mostly unaware of the law.
I suggest you make a written request to your lawyer for status. Give him a couple of weeks to answer. If he does not, then go to another atty and see if they want your case. Since chances are that the new atty will have to share the fee with the old atty, you may run into trouble getting a new lawyer. However, keep in mind also that the new atty does not have to share any fee, that is done only on a courtesy basis and there are no laws or rules requiring it. Also, you have to be informed of the fee arrangement.
I hope all this helps. Good luck.
Nima Taradji
BTW, why did the crane drop its load on your foot? Has anyone explored whether there was something wrong with the crane or cable or what not? You may have a third party personal injury claim which you should see to it that your lawyer explores. It is malpractice otherwise.
Re: Had my foot crushed and was laidoff after returning after they ask my Dr. to
The first issue you appear to be concerned about is being terminated because of your workers compensation claim. In general, employers may not take action against employees for exercising rights under the Workers Compensation laws.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
