Legal Question in Workers Comp in Illinois
Workers Compensation Eligibility
My son received second degree chemical burns on both ankles. He works second shift and was sent to the hospital by someone other than his immediate boss and Human Resources. He returned to work the same day and had been given light duty by the attending physician. He was told to go home because there was no light duty available. He returned to the doctor the next day, and again was told to be off work for a week. He brought in his paperwork and left it at his boss' office. He called in the next day and was asked why he was not at work. He explained the situation and was asked to come in the next day. When he returned to work, still under disability by his doctor, he was fired. He still has not been released to find other employment and his ankles have gotten worse. What are his legal rights? This was a totally negligent leak that had not been repaired by his employer.
4 Answers from Attorneys
Re: Workers Compensation Eligibility
It sounds like he may have a worker's compensation claim. I can provide you with a free consultation. You or he can call me at 312.440.0020.
Re: Workers Compensation Eligibility
He has a Worker's Comp claim and a claim against his employer for wrongful discharge.
email or call me if you have any other questions
Re: Workers Compensation Eligibility
If your son has been injured in a work related accident, the employer (or insurance company) may NOT fire him because he sought benefits pursuant to the Workers Comp Act.
That is a retaliatory discharge case that is filed in the Circuit Court.
Moreover, if his treating physician removed him from full-duty, and they now cannot accommodate his work restrictions, then they must pay him temporary total disability benefits equal to 66% of his average weekly wage.
That is a claim made under the Workers Compensation Act at the Illinois Industrial Commission (now the Illinois Workers Compensation Commission).
So the most complete answer is that he has two different and separate cases, which require an attorney well-versed in these laws.
I would suggest that you call several lawyers for a consultation, as this situation will not fix itself at this stage and is now too complicated to handle alone.
Good luck,
Matt Belcher
Re: Workers Compensation Eligibility
Dear Sirs:
We would consider both a workmen's compensation case as well as a third party case against any other culpable defendants.
Please take photos of the scar as it heals.
Also, you should see a plastic surgeon about the cost of a scar revision.
We are firm that has been in existence for twenty-five (25) years and have successfully handled many such cases.
Sincerely,
John C. Wunsch
Law Offices
JOHN C. WUNSCH, P.C.
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