Legal Question in Workers Comp in Illinois

Re: returning to work on light duty

QUESTION:

the company i work for pushed for me to return to work on light duty to get me off of workmans comp, i did, after three weeks of LD, they told me there was no work for me and started to take away vacation days and said it was company policy, should they have put me back on w/c? thanks for any help

ANSWER:

If you have a light-duty restriction, the employer must either accommodate that restriction - or - you must be paid TTD benefits by the insurance company.

You cannot be "laid off" while on light-duty restrictions from work accident. Sapp v. Wal-Mart 06 IWCC 459 and Freeman v. United Coal Mining Co. 741 N.E.2d 1144 (5th Dist. 2000)

Regarding the use of vacation days, it depends upon your company policy and whether it is "neutral" and I would need more information.

I think that you need to speak with a lawyer in person without delay.

Good luck,

Matt Belcher

Re: returning to work on light duty

Dear Sirs:

Light duty is an acceptable option if their physician determines that you can work at light duty. However, there are exceptions, and in the event of a dispute, these can be resolved by the Judge.

Please do not hesitate to contact us should you have any further questions,

Sincerely,

John C. Wunsch

Law Offices

John C. Wunsch