The commissioner sided with my work, I have not had benefits 2 years, now they are forcing me to settle and resign, I don't want to loose my job , but my attorney is upset that I don't want to settle what are my options
I have not had any benefits for two years . I never wanted to loose my job just get the medical treatment to get betterI asked my attorney , I'm not getting much help , I basically just being told either I settle and resign , and if I go back to work , the dice will fall where ever they fall.
No one can force you to settle or resign from your position. However, your case sounds difficult. I'd ask your attorney to explain the pros and cons of trial. It may be a risk not worth taking.
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I agree with Mr. Hoffman, no one can force you to settle, or resign. That being said, sometimes a settlement is offered which requires a voluntary resignation. This is because if you return to work, you may be able to make a new claim, for injury and medical treatment for the same injured body part, which might ultimately require the insurance carrier to pay for your medical treatment, in spite of the fact that they have paid you some amount for the medical treatment in your settlment. In any event, ask your attorney to explain the pros and cons of settlement, and the weak points in your case, so you have a good idea what is at stake if you try to push your case further. Based on your comments that you have gotten no benefits in two years and that the commissioner sided with your employer, it souds kind of like you have a difficult case, and some settlement may be better than no settlement.
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You are in a bad position but you have an attorney with whom you should discuss all your concerns and possible outcomes. This simple online forum cannot be of must help and is certainly not in the superior position to your attorney who has all the facts and has been with you throughout the case.
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As Mr. Hoffman has stated the answer is no you do not have to resign your job as part of any workers compensation settlement. That being said however it may not get a settlement at all, and then the matter must go before the Illinois industrial commission and you may receive less than the settlement offer that has been made, whether that's worse than being made to resign your job or whether it's really worth re-signing your job is a question you need to talk to your attorney about.
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Everyone has the option to settle or to go to trial. As to which is better for you, it's best to get guidance from your attorney. He knows far more about your case than anyone else
A free consultation is not legal advice, nor is the answer to the question listed above or anything posted on this website. This answer is general information. Proper legal advice can only be obtained after hiring an attorney and providing full information regarding your case
You said that the "'commissioner' sided with my work." In the Illinois Workers' Compensation Commission, a commissioner is someone who either hears appeals or who hears post-trial matters. If you have already tried your case, and lost whatever issue was before the Commission, then you are not in a good place.
If you lost a 19b Petition for Immediate Hearing, then you may be unlikely to win the later full hearing on all issues. Only your lawyer would know that. It sounds like you lost the 19b hearing, and that you lost the 2 years of temporary benefits, but that you haven't lost the issue regarding permanent benefits (the settlement). Only your lawyer know these things. You should listen carefully to your lawyer.
You can get a second opinion if you have really tried to get an answer and your lawyer hasn't supplied one. That doesn't mean that your lawyer is wrong. However, it is best that you make every effort to get an appointment to talk about it first. By the way, whatever you do, do it fast; if you need to appeal then you have to do it immediately.
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