Am I liable to workman's comp benefits if I was terminated and have not been released completely?

Asked over 1 year ago - Danville, IL

My husband suffered an injury at work due to a fall back in November he has been receiving benefits since February because the company said that they could not give him modified work.
As of today he has been terminated by the company and per doctor he is still on modified work. The insurance company says that he will no longer receive benefits. It is my understanding that injured employees who have not been completely released can not seek employment with another company. And if the company cannot accommodate him the injured employee should continue to get benefits.

Attorney answers (5)

  1. Michael Lebovitz

    Contributor Level 9

    2

    Lawyers agree

    Answered . Actually the reason for respondent's continuation of temporary total disability benefits while on restrictions is because it is highly unlikely that he would be able to find meaningful work with restrictions. He needs to contact an attorney who concentrates his practice in workers compensation to set up an immediate hearing to get his benefits reinstated. Consultations are free. Good luck.

    This information should not be construed as legal advice on any subject matter. It is not intended to solicit... more
  2. Charles J. Devens

    Contributor Level 4

    2

    Lawyers agree

    Answered . He can seek another job and his WC claim remains open. Also, if his restrictions are such that he cannot return to work, his weekly benefits should still be paid. I can't understand why ins co would take such a position, unless they have had him examined by their doctor and he disagrees with the treating physician.

    DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal... more
  3. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Recent Illinois law supports the proposition that benefits continue even if employment does not. There is also pretty much settled law that says a position needn't be held for someone who is on workers' compensation (FMLA runs concurrently).

    All this means that your husband needs to find a lawyer who handles workers' comp in Illinois in your area and may look into another employment situation. Many injured workers are able to find jobs that are less strenuous than their prior jobs. However, because this may involve a wage differential, I strongly encourage you to retain a lawyer.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
  4. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You are correct. His benefits MUST be continued.

    First and foremost, your husband needs to address his injuries. He needs to be seen by a doctor who is both competent and who understands the importance of memorializing every detail of your husband's condition. NEVER accept a work status report that says "light duty." It is meaningless. Restrictions MUST be noted with precision. (e.g. no stooping, no bending, no twisting, no lifting more than ___ lbs., no pushing or pulling more than ___ lbs. etc.)

    Your husband also needs to find an attorney who will take the time to explain all options and all ramifications of his injury and his termination. For example, if you have no other health insurance, you should opt in to continued care under COBRA. WC is only liable for medical care related to the injury. Talk to more than one attorney before you sign anything. Your husband has no use for any attorney who doesn't have time to answer his questions.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr.... more
  5. John M Connell

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . I agree that you shopuld find a workers compensation attorney to assist you. There are several here that I have seen from Illinois that are very knowledgeable and I'm sure could help you.

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