in Illinois, it is illegal to fire an employee because they have been injured on the job.
As for your benefits, when you suffer an injury due to your employment, the Worker's Compensation act provides for 1) medical benefits, 2) payments while a doctor holds you off work equaling 2/3 of your average weekly wage, 3) permanency benefits payable in four separate ways depending on your situation.
The behavior of your employer is deplorable and contrary to Illinois law. I suggest contacting an attorney immediately.
Workers' comp is far too complex and fact-specific to explain on this forum. I think your best bet is to contact a lawyer who handles workers' compensation regularly, as I do.
Every person hurt at work generally gets money for time off work called TTD, medical costs paid, and a lump dum for permanency (PPD) or PTD if there is a permanent disability or wage differential if applicable. Every case is specific to the facts of the case, the medical data, the wage rate, and body part, among other factors.
There are too many balks in the air to provide you any answer here.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
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.
Unfortunately, in Illinois you can be terminated even if you are off of work because of a work related injury. It is rare but it is allowed.
Even if you are terminated you can pursue a workers' compensation claim against your employer. As long as you had a work related injury you are entitled to lost time benefits at 2/3 of your average weekly wage and payment of your related medical bills. Once you have completed your medical treatment you may very well be entitled to permanent partial disability benefits for the injury to your foot.
It sounds like you had a very serious injury and should discuss your options with a workers' compensation attorney.
Feel free to write with additional questions.
Marc B. Stookal
You should strongly consider retaining a local workers compensation attorney. The help that such a person could provide you would likely be invaluable and allow you to focus on healing. Good luck.
Past pain and suffering is not compensible. However, as an employee, if your work injury ultimately causes you to end up with residual pain, numbness,soreness, stiffness, loss of motion, atrophy, etc. then you have the right to permanent partial disability (PPD) benefits. We all agree that you cannot be terminated for exercising your rights under the Workers Compensation Act. However, your employer can terminate your employment for other reasons. If you are a member of a union you should talk to your union business representative as soon as possible to file a grievance.
I would recommend you contact a local attorney who concentrates his practice in workers compensation law and ask for a free consultation. Good Luck to you.
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Hire a experienced Workers Compensation attorney immediately
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You have some good answers here. As for the termination, you have to prove the firing was because of your claim which is very hard unless a supervisor said something stupid like 'we have to make you an example to stop others from filing a WC claim.' Without direct evidence, the employer can make up any number of reasons like you vioalted a safety rule. And even if you have a claim, it is separate from the WC case and you would have to prove damages directly associated with your firing.
On the WC case, you shoudl consutl an attorney, especially if you want the WC medical rights for life because settlement usually end all rights. The alternative when you compelte active medical care is to take your case to arbitration where you medical rights could be saved. This woudl allow you to submit future medical bills to WC and have more arbitration hearings if WC fights payment. Keep in mind all medical care must be reasonable priced, necessary to cure injuries related to the accident and rendered by or on referral of the two allowed physicians.
Good luck to you
I am licensed to practice law only in Illinois. Any advice that I render is for general information purposes and does not create an attorney-client relationship. Also it is very important to keep in mind that all legal claims have statues of limitation to file that cannot be missed. A local attorney should be consulted to learn the time limits applicable to a particular claim.
My colleagues have provided you excellent answers. The bottom line is that you need an attorney who is experienced in this area of law. Moreover, if the injury was caused by the negligence of another contractor on a construction site or a malfunctioning machine, you MAY ALSO have a civil case where you WOULD be able to get damages for pain and suffering. I cannot reinforce too strongly that you consult an attorney who is familiar with ALL of these areas so that the attorney can explain your options and explain how the various actions affect each other. It MUST be carefully coordinated by someone who knows what they are doing. Good luck.
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