Illinois Worker's Compensation - Help For Injured Illinois Workers

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  1. #1
    Join Date
    Feb 2008
    Location
    Illinois
    Posts
    78

    Default Laid Off While On Workers Comp

    How can an ER lay someone off while on WC?

    I thought an IW was not suppose to be laid off and accomdate for restrictions or RTW with restrictions.

    My ER has started a 2nd shift, looking for a 2nd shift supervisor etc. and have no "hardship" to show.

    My ER is saying that the restrictions have no bias for the prior position that I "had". Long story short to explain prior position. Was hired to get guidelines for setups/procedures etc. Was taken out of position to be trained how to setup deep draw dies. During training is when I was injured then put on light duty etc. Now at MMI and to RTW with restrictions but on "lay" off that is over because it was only for 1 month this past Dec.

    What justification is there to "not" bring me back?

    I am sure this is a starve tactic. I am not refusing to work they're saying I'm laid off with 10 others who have already returned to work. "If" I am laid off then should be getting WC since they are not accomdating me. This is where ER's should be penalized for screwing with an IW.

    Is this legal?

  2. #2
    Join Date
    Mar 2008
    Posts
    417

    Default Re: Laid Off While On WC

    I'm in the same boat as you. My employer told me to let them know when I am 100% better and according to the IME doctor I am suppose to be(to me I am not but that is me the IW) so I call to let them know and asked when can I come back to work and he said with the work loads and all I have the people I need. So that leaves me without a job. I agree the er should be pentalized its not fair to us as iw's.

  3. #3
    Join Date
    Feb 2008
    Location
    Illinois
    Posts
    78

    Default Re: Laid Off While On WC

    I am sorry to hear that justme. The injustice that is allowed to take place makes me sick to my stomach. When my ATTY said that "most" people that are being told that they "can" perform the duties they have in the past tend to just go out and look for new employment. I can't get the "same" kind of employment in my field that would give me the line of work that I have the most experience in because of my injury.

    What I have come to believe is that if the ER/IC can get you to "look" for another job and land one they are off the hook and us the IW's will be out of their hair. I intend to not go anywhere especially since I already have a job. Most people don't want to fight for what is right and give up. Well, that is not me all of my blood, air, internal organs, and brain function would have to be flatlined for me to stop because I did nothing wrong and left with a life long injury because I WAS WORKING not trying to get hurt.

  4. #4
    Join Date
    Mar 2008
    Posts
    112

    Default Re: Laid Off While On WC

    Same situation here. Was being accommodated and on light duty for 7 months and got a call saying "i had exceeded my light duty" and cannot return until full duty. Then got a letter from IC lawyer saying I should go to VR. ER has not technically fired me, but I just filed a discrimination compaint w/ my state (Hawaii) labor board stating I am being discriminated against SOLELY (that's the key word) due to my work injury.

    My lawyer and the IC lawyer are going back and forth, but my lawyer tells me the ER has likely met w/ the IC "loss prevention" dept and feel I am a "high risk" for reinjury.

    Like you, I REFUSE to give up and take a job at 50% my previous salary. If I do win and RTW, I know my ER will eventually find some reason to fire me, but the system is flawed and I am fighting for my rights.

    My ER also cannot find enough people to do what I do, and have been hiring to find MORE people for over 5 months now. Start keeping records and see if you can find a good contact/coworker whom can help provide you w/ some info as to ER layoffs, new hires etc...

  5. #5
    Join Date
    Feb 2008
    Location
    Illinois
    Posts
    78

    Default Re: Laid Off While On WC

    injured in hawaii Thank you for making yourself heard. I am not going to give in no matter what happens. Doesn't matter what anyone thinks just what is going on with me.

    After all when I wake up guess who is there? Um? ME! I can't believe that it comes down to who is willing to trade punches so to speak. There isn't enough reason for me to lay down and take it in the #QS. Who should take it laying down? NOT ME!!

    Why do we need to make the IC "believe" what has happened?

    OH I AM JUST MAKING UP MY INJURY SO I AM GOING TO GET A JOB ELSEWHERE!!!

    Give me a break.

  6. #6
    Join Date
    Mar 2008
    Posts
    417

    Default Re: Laid Off While On WC

    Dyingbreed you have an attorney? I went and visited mine today and he called an attorney he knows to either contact him or me about my case he says I have a case of wrongful termination so if you don't have one get one and if they say they can't accommodate your restrictions wc has to pay you but from what was said today no they are not suppose to lay you off or fire you.

  7. #7
    Join Date
    Feb 2008
    Location
    Illinois
    Posts
    78

    Default Re: Laid Off While On WC

    Hey justme! Yes I do have an ATTY and a good one at that. There isn't anything saying that I've been terminated just that I am on a "lay" off as my ER has started a 2nd shift plus getting ready to build another building and add more EE's so my ATTY is setting up a 19b hearing. My ATTY said that most people who are deemed able to RTW just drop everything and look for a new job because of the crap IC's do to make the IW suffer by not having money coming in. He said it is easier for them to not have the hassle and look for employment.

    Not me I will fight for my rights as an IW and make sure that my injury is taken care of that is why I have researched as much as I can about my condition knowing that it "IS" a lifetime injury not one that will go away. Since the IC knows this they are doing all they can to make my injury as if I am back to 100%. Those who just walk away from an injury and look for employment to get "money" coming in cheat themselves.

  8. #8
    Join Date
    Apr 2008
    Posts
    4

    Default Re: Laid Off While On WC

    I was working for the state and they told me... we're replacing you plain and simple. They said that the Family Medical Leave Act does not support me because I have not been there a year and ten months or something.

  9. #9
    Join Date
    Jan 2008
    Location
    Round Lake
    Posts
    288

    Default Re: Laid Off While On Workers Comp

    Get an attorney. You need one to fight the well established system that can ruin us. An attorney will not cost you anything out of pocket. In IL they are capped at taking 20% of your settlement.

  10. #10
    Join Date
    Jul 2007
    Posts
    35

    Default Re: Laid Off While On Workers Comp

    file for uneployment insurance. i did and after a wile cause company fought it but i won. then when that runs out go to medicare then ss if disabled.

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