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I was fired while on worker's comp
Chicago, IL
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Posted 6 months ago in Wrongful Termination
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I had 4 back surgeries which have left me on a walker and I continue in pain requiring controlled substances. My worker's comp case worker has been influencing my health care providers and telling them lies. Whe she could no longer influence my surgeon or pain management doctor, she arranged for an IME. The IME doctor reported everything the case worker wanted him to state although it is not consistent with my history or clinical status. His report includes information he did not receive from me and information that is a down right lie. He released me back to work. I am unable to return to work and could not return. I was expected to return to work on Tuesday and I was fired on Friday. Do I have a wrongfull termination case and/or a harassment case. Please advise. Thank you!
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Answers (1)
Michael J. Helfand
This attorney is licensed in Illinois.
Posted 6 months ago.
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It's fairly common to have a dispute between the recommendations of a treating physican and a doctor performing an independent medical exam (IME). It's unclear whether your case was heard by an arbitrator Arbitrators at the Illinois Workers' Compensation Commission can resolve these disputes and decide which medical opinion to follow. Otherwise, your employer and their insurance company are permitted to follow the advice of the IME. That said, their case manager cannot talk to your doctor and if your doctor has given you any restrictions, you are entitled to TTD benefits under Illinois work comp law. If you have an attorney they should file a petition for an immediate hearing. If not let us know and we’ll recommend someone for you. As far as the termination goes, it’s not illegal to fire someone who has had a work injury, that just can’t be the reason that they fired you. We suggest that you file a complaint with the EEOC and/or Illinois Department of Human Rights and they will investigate as to whether or not this was an illegal termination.
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