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Brandy Lynn Johnson

Brandy Johnson’s Answers

3 total

  • Can i be fired for being hurt at work?

    i work for a staffing service and at the positioned i was sent i hurt my back pushing a wire basket into position, and i was placed on restricted duty for 2 weeks but the place where i was positioned does not have restricted duty jobs to do so i w...

    Brandy’s Answer

    A quick answer is: You cannot be fired for pursing your workers' compensation rights.

    However, the answer may not be that simple. If, for example, the employer has to fill your position because you are off work for an extended period of time and, when you can return, there is not enough work, they may be within their rights. Retaliatory discharge claims are very fact oriented. You would need an attorney to closely examine all the facts surrounding your situation to determine whether you have a viable case.

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  • I fell down the stairs at work and landed on my back 13 months ago.

    Im am so sad at my mistake and I know that this is going to affect me when I get older. I fell down the stairs and hit my back on the last step . I couldnt move for about 3 min. They asked if I needed an ambulance and I said IDK. Then I said no be...

    Brandy’s Answer

    You can start by requesting responsibility for medical treatment be assumed by employer under workers' compensation. If the request is denied you can still file a claim with the IL Workers' Compensation Commission (aka an Application). The Statute of Limitations requires an Application for compensation be filed with the Commission within 3 years after the date of the accident, where no compensation has been paid, or within 2 years after the date of the last payment of compensation.

    Given the amount of time that has passed since your accident, your case may be more difficult than average. I would recommend consulting an attorney that specializes in workers comp law. Even if treatment is provided, extending your time to file an Application, I would recommend filing an Application to preserve your claim.

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  • I got injured at work and was on workers comp the doctor put me on light duty one hand only I didnt go back due to the pain.

    The pain was unbearable without pain meds I couldnt drive with one hand and had no one to take me to work so they fired me because I refused light duty What can I do now? Can I get unemployment? do I need a lawyer? I am still getting medical atten...

    Brandy’s Answer

    It varies based on the circumstances. Is driving a part of your light duty work or were you just unable to get to work? You can see a doctor of your choosing in Illinois about your symptoms. If you are taken off work again completely, you can demand your temporary total disability be restarted until you are released to work again. I would recommend you consult an attorney that specializes in workers' compensation. They could give you a better idea of whether you should apply for unemployment after hearing all the details if your case. Remember an application for unemployment states you are ready, willing, and able to work.

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