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  1. #1
    Join Date
    Feb 2017
    Posts
    2

    Post Rehire After Work Injury

    My name is Cecile, I am in a workcomp for more than a year taking by weekly check benefits until Jan 2 2016. (work injured)
    I had my first surgery on Sept 2015 and my employer terminated me on Sept 2016 exhausted my FMLA. My employer called on mid Sept 2015 I was given a chance to go back to work but I can't because I still have to get my 2nd surgery on October 2016 (doctors note) I told my employer after my 2nd surgery I still need at least 3 months to recover according to my doctor. I was discharge by my doctor to go back to work without restriction on Jan 2 2017 and my workcomp check stop.
    I called my employer right away, I was told to apply for the position as I am a new applicant and I did. I've been reading to different forums that employee can't be refused to rehire after work injury.

    My question?
    Is there a min/max of days or months timeline to know my employer already refused to rehire me? (of course they will not say a word) How long do I need to wait?
    It's been past a month and half since I was discharge and until now I am unemployed (no income). I was interviewed with my previous supervisor 2 weeks ago I still didn't hear anything from them if I get the job or not. I am a Phlebotomist I work with my employer (hospital) for 8 years. I was given award, no written up. I am proud of myself I never have a unable drawing blood ever since I'm employed with them, I was always the person they turn into if other phlebotomist couldn't draw a blood from a patient. I am qualified for the position I applied for, so things running into my head there's some holding up my application.

    I applied for Unemployment benefits as well but it was denied because of base period rules not work the entire 2016


    Thank You

  2. #2
    Join Date
    Oct 1971
    Posts
    4,510

    Default Re: Rehire After Work Injury

    cmpsjoy
    I was discharge by my doctor to go back to work without restriction on Jan 2 2017 and my workcomp check stop.
    It sounds like you're being jacked around.
    Consult and retain a lawyer, he'll assist you in finding a doctor to refute that quacks opinion.
    Any surgery involves a permanent disability rating, you're entitled to PPD at the least.
    See pg.19 in the below link.

    SECTION9: Permanent Partial Disability (PPD) Benefits
    1. What is permanent partial disability (PPD)?
    PPD is:
    a) the complete or partial loss of a part of the body; or
    b) the complete or partial loss of use of a part of the body; or
    c) the partial loss of use of the body as a whole. “Loss of use” is not specifically defined in the law, but it generally means the employee is unable to do things he or she was able to do before the injury.
    The Commission cannot make a PPD determination until the employee has reached maximum medical improvement or “MMI.” PPD is paid only if the job-related injury results in some
    permanent physical loss.
    http://www.iwcc.il.gov/handbook020106.pdf

    Tony
    Moderator Responses are based on my personal bias, experience and research - they may not be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Feb 2017
    Posts
    2

    Default Re: Rehire After Work Injury

    Thanks Tony
    I've also reached my MMI, my concern now is my employer process of hiring me back to work, 1 1/2 month is a long wait or maybe even more as I was told they will rehire me as soon as I get better. But now I've been calling/email my supervisor, HR, and manager and no one return my call/email after the interview.
    I am thinking of applying to different hospital moving forward even I loss a lot working with them for 8 yrs.
    On pg.19 Am I entitle this wage differential if I pay less to a new employer?
    Last edited by cmpsjoy; 02-14-2017 at 06:38 PM.

  4. #4
    Join Date
    Oct 1971
    Posts
    4,510

    Default Re: Rehire After Work Injury

    Am I entitle this wage differential if I pay less to a new employer?
    Yes, you'll first need a doctor to assign a Permanent Impairment Rating.
    You'll need the representation of a lawyer at this point, I doubt you will be able to obtain the benefits you're entitled to on your own.

    a. Wage differential (Section 8(d)(1) of Workers’ Compensation Act)
    If, due to the injury, the employee obtains a new job that pays less than the pre-injury
    employment, he or she may be entitled to receive a wage differential award.
    http://www.iwcc.il.gov/handbook020106.pdf

    Tony
    Moderator Responses are based on my personal bias, experience and research - they may not be accepted in the legal community, always consult an attorney.

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