Illinois Worker's Compensation - Help For Injured Illinois Workers

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  1. #1
    Join Date
    Jun 2010
    Posts
    4

    Default What If My Employer Can't Accommodate My Disability

    Ok, well got a Lawyer, didn't really get anything accomplished for a $400.00 consultation fee. Told me to wait until I get a letter stating what they are going to do for me.....

    Anyway, here are my questions, based on what I'm being told by my employer.

    Medical Reports from 2 doctors basically say the same thing, there is no way I can perform my job duties, and I wont be able to for a very long time if ever.

    So, I guess that they're saying Im disabled.

    My Supervisor said that they will have a Reasonable Accomodation Board, with himself, the Dr. that works for them, and HR. There they will decide if I am disabled. (which, based on the doctor's reports, I am)

    There they will decide if they can find me another position somewhere else, within the agency. (I am a federal employee)

    If they cannot find a vacant position, I am let go.

    Let's say worse case scenario happens, and I am let go. What are my options?

    Can I get un-employment?

    Can I get some type of disability pay or disability retirement?

    Can I get anything to give me some source of income?

    I really am not looking forward to being un-employed, never be able to perform the only duties I have done my entire teenage/adult life, and in need of back surgery with no type of income.

    Anyone gone through this, or is going through this? Any advice?
    Last edited by Youch; 06-18-2010 at 07:24 AM.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: No Vacant Positions. Are there any options

    Sadly federal comp is much different than state.
    THat's why you had to pay an attorney for the consultation. Fed WC attys are few and far between.

    Not too many Fed employEE's here either... not much help.

  3. #3
    Join Date
    Jun 2010
    Posts
    4

    Default Re: No Vacant Positions. Are there any options

    Is there really a huge difference? All I have been looking at is Illinois workers comp, is there some place for federal? This is a terrible nightmare, and it just doesnt seem right. I mean, how can they do this? I got injured on the job! How can I just be let go? It makes no sense....

  4. #4
    Join Date
    Apr 2010
    Posts
    110

    Default Re: No Vacant Positions. Are there any options

    Right now you are jumping the gun. Wait untill the reasonable acomodation hearing before panicking. With the goverment they should be able to find you a position. In the mean time talk with your union rep about the situation.

  5. #5
    Join Date
    Aug 2007
    Location
    Southern Illinois
    Posts
    93

    Default Re: No Vacant Positions. Are there any options

    Youch, I have not had to deal with Fed W.C. I know several people over the years that were on it. The fed. gov. ALWAYS found them another position. The place I worked for would rather have you gone and pay you rather than find another position. From what I understand of people I know that were on it, is that they would rather have you watch paint dry until you retire. Good Luck!!!

  6. #6
    Join Date
    Jun 2010
    Posts
    4

    Default Re: No Vacant Positions. Are there any options

    My Supervisor told me to file for disability retirement now. I didnt know if he was trying to help me out, or potentially try to screw me somehow. What Im worried about, is I have no other experience other than the line of work Im being told I cannot do. Can they find me another position if I dont have the experience?

    What's a union rep, and where are they located? Im just trying to find someone that can give me any type of answer other than "I dont know"

  7. #7
    Join Date
    Apr 2010
    Posts
    110

    Default Re: No Vacant Positions. Are there any options

    If you are a goverment employee you will have some kind of job handbook. Look for your answers their.

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: No Vacant Positions. Are there any options

    Is there really a huge difference? All I have been looking at is Illinois workers comp, is there some place for federal?
    IL comp statutes/rules have no jurisdiction over your claim. Federal WC is handled and defined in the The Department of Labor's Office of Workers' Compensation Programs (OWCP)
    http://www.dol.gov/dol/topic/workcomp/index.htm
    Possible part of what is confusing you.
    There are also disability retirment possibilities under federal comp where most states don't offer this type of benefits.
    Some ER's in the states, ie municipalities, counties, the state, police/fire depts... have disability retirement programs.

    You would only have a union representative if you are working under a CBA/Collective Barganing Agreement. The unions though don't always have input in a comp claim. Nor will they offer legal assistance to an injured worker.

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