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

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

Posted

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.

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Posted

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.

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2 comments

Asker

Posted

He usually works in jobs that require being on his feet all day, walking, climbing and lifting. His knee injury causes him pain when bending and gets swollen. He has been seen by 3 different doctors and had a procedure done today that might resolve his pain, but will see results within a couple of weeks.

Charles J. Devens

Charles J. Devens

Posted

If doctor has him on restrictions, he should still receive his temp total disability benefits(TTD), his weekly 2/3 pay.

Posted

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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Posted

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 relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

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Posted

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. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com

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