Illinois Worker's Compensation - Help For Injured Illinois Workers

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  1. #1
    JLR Guest

    Cool Can You Collect Comp Benefits After Being Fired

    Hello my fellow injured workers. My question is this. Can a fired employee still collect comp benefits after they are fired. Are we entitled to TTD payments if your hurt? I know in California the answer is yes but i dont know that much about Illinois comp laws. Can WC deny this claim? I filed a claim the day i was terminated from my wonderful employer. I have a attorney but am looking for people that have gone through this. Thanks

  2. #2
    hockeylaw@AOL.Com Guest

    Default Re: Can you collect comp benefits

    The general answer is 'YES', being terminated does not suspend the employer's obligation to pay weekly benefits (TTD) or for care and treatment under Illinois' workers' compensation system. In fact, the employee gets the last laugh, because in many cases termination causes more headaches for the employer.

    Under Illinois' law, the employer must pay TTD during the injured employee's period of disability. If an employer can provide light duty, while the employee is making their recovery, then the employee must accept it. But should the employee be released to light duty, and the employer not be able to provide work within the limitations, then the employer must continue to pay benefits. Once the employee has been discharged from employment, the employer cannot get weekly benefits cut off by providing the light duty-as the employee is no longer employed. So technically an employee with a minor amount of disability, technically can receive full-tax free benefits until no disability exists and the employer cannot end this by providing work.

    Again, there are some exceptions to the rule that being terminated does not terminate benefits. It is my presumption that if you have been terminated, most likely the employer - employee relationship was not a good one. As such, you might expect the employer to try to poison the claim, so you have to fight for everything you have coming. As such, I suggest you retain an attorney to fight the fight. Good Luck

  3. #3
    JLR Guest

    Angry Re: Can you collect comp benefits

    What will happen now! Today in the mail i was notifyed by the comp carrier that they denied my claim and that my injury did not arise out of my course or scope of employment. What about all the doctors and MRI,Xrays,and other test that where done does WC not have to pay? NO money coming in at all, I miss California now, at least in that state you would be entitled to state disabitily. Maybe Illinois should follow their example.

  4. #4
    Hockeylaw@AOL.Com Guest

    Default Re: Can you collect comp benefits

    I doubt whether in California, or for that matter in any state, that a person whose injury did not result from their employment could get workers' comp. benefits. That's one of the threshold requirements in determining compensability. You have posted that you have an attorney, don't be afraid to follow up with them. Workers' Comp. attorneys do not charge by the hour. Your attorney will just have to proceed to hearing by litigating the compensability issue. Check with your attorney. Good Luck

  5. #5
    JLR Guest

    Question Re: Can you collect comp benefits

    To hockeylaw. I really am thankful for you taking the time to review this forum and responding to the questions alot of these injuried workers have. It's scary when a person has WC bills coming in and not even sure they will be paid by the comp carrier. Back to my one question! Do you know if Illinois has a program like California State Disablity program. Because if your injuried and denied WC and no unemployment benefits a person is really up a financial creek! And should a injuried worker get approval from WC before any doctor or exam are preformed. For example when i had to have a MRI done i could'nt get a hold of my attorney, but the office she works out of said go to the appointment. I just want to make sure this does not come back and bite me. Thanks

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