Legal Question in Workers Comp in Illinois

Hi,

I have a question about being injured on the job. ( this is not for me ) My friend hurt his hand while at work. He has been to the doctor and received medical care. He still can not use his right hand. He has nerve damage to his hand and needs physical therepy. His doctor has told him he needs to be on restricted / light duty and can not drive at all or use his right arm / hand. His 2nd job requires him to drive. His 1st employer where he was originally injured is having to pay wages for both his jobs since he can not work at either job right now.

His 1st employer is telling him he MUST return to work on light duty. However, he can't drive under his doctor's restrictions. His employer is telling him he must return to work either by getting a ride or cab, which is not an option for him for where he lives. They are threatening to terminate his employment if he doesn't return to work.

Does his employer have the right to require him to come to work even though he can not drive under his doctors orders? If he does return to work, even for light duty, does that mean they cut off paying his wages for his 2nd job? He absolutly can't work his 2nd job because he can't drive and that job is driving a pace bus. HIs 1st job is a mechanic. Any advice would be appreciated.


Asked on 5/08/10, 11:07 am

1 Answer from Attorneys
Kenneth Goetz

He should request a 19b emergency hearing before the Worker's Compensation Commission arbitrator assigned to his case. If he has not already done so, he needs to file an Application for Adjustment of Claim to get an arbitrator assigned.

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Answered on 5/21/10, 8:48 am


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