Legal Question in Workers Comp in Illinois
torn bicept tendon.un disputed workmans comp claim. co worker witness. clean case so far. had surgery. workmns comp checks are coming. everyone is nice and with me.main bussiness owner i work for however indicates he might not take me back cus im 46 and getting older and he thinks this will happen again. says he dont know if he will have work. he shares his building with another company. he has subbed me to them b4. other company has work. high end front doors and cabinets is my job. injury happened on a delivery which is not my job. i was not forced on delivery but went because 2 guys laid off so i did not want to be next. was in great standing with company befor injury. does he have to take me back?
3 Answers from Attorneys
Tricky for him. Illinois law forbids employers from terminating employee for exercising right to benefits under Workers' Compensation Act. That is, if you make claim and receive benefits such as you are for medical expenses and temporary disability, employer cannot fire your for
you exercising your rights. However, employers in this situation can and do come up with
a "pretext" or alternative reason for discharging an employee. Alternative reasons include
change in work load at the company or some criticism of employee's work abilities.
You are correct to be concerned and to respond accordingly.
He doesn't "have" to take you back, but can't use the work comp case as the reason. There are a bunch of variables. Please call me if you want to discuss and see www.illinoisworkerscomplaw.com for more info. My number is 800-517-1614.
You need to get yourself an attorney to make sure you are protected. If your employer does not have job that you will be qualified to perform when you are released, the WC will have to pay for your education and learning of a new trade.
You need an attorney without one you are short changing yourself.
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.
