Legal Question in Workers Comp in Illinois

I've been a top foreman at a company for 9 years, recently got injured but returned to work after therapy. They've stopped working me after playing games with me for just over a week since my release to work. Are there any laws to help me get back to work? All I want to do is work again.


Asked on 10/12/10, 7:57 am

1 Answer from Attorneys

Not sure what "stopped working me" means unless you've been laid off. If so and without a colletive bargaining agreement or some workplace arrangement or rules (like a grievance procedure for example) Illinois remains an "at will" state for employment purposes and you or your employer can terminate the relationship at any time -- any. A giveaway may be that you were a "top foreman" which could mean you were at the high end of your pay scale and in your absence (however short) they discovered they can have someone less "senior" in pay do the work, and are trimming costs.... And maybe the "games" are just they didn't know what to do with you when you came back...... HOWEVER, if this is some kind of "retaliatory" discharge for your having made a workman's comp claims (yes/no???) you may have grounds, not necessarily for being rehired, but for monetary damages. You need to see an attorney who handles employment/labor law matters. While I'm assuming your injuries were for real and you probably couldn't stand being off the job pending rehab, this is what is going on out there today. The only good thing perhaps is that if they're letting you go, there should be unemployment compensation for you for a while if you have no other recourse. Do talk to an employment/labor lawywer!!!!

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 10/18/10, 11:55 am


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