Legal Question in Employment Law in Illinois

I as an Rn was fired from a hospital for misconduct, a mistake. They are denying my unemployment, but while taking a pre employment chest x ray, I found I had TB which I had no idea! ow cannot work right now until I get this health issue straightened out. Can I do anything as far as personal injury?


Asked on 2/06/10, 11:11 am

2 Answers from Attorneys

If you're saying that you contracted TB while employed, then you have a potential worker's comp issue, but there's something in Illinois called "assumption of risk" which means if you knowingly expose yourself to a risk and then suffer from it, you can not then cry "foul". But there are salient facts here. You can certainly reach out to either a PI attorney but I would suggest you consider one who also does worker's comp, or vice versa. Additionally, while it may not be relevant, make sure the attorney knows of the employment situation picture in total -- the fire for cause may play into everything. Speaking of which, do you realize that there is a hearing process for unemployment compensation right? Where if the employer actually objects to your application you can have a hearing? I don't know if you did so and I don't know what the filing period is, so you ought to get to one of those attorneys quickly as they may also be able to work on this issue!!!

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Answered on 2/11/10, 11:55 am
Sal Sheikh www.BetterCallSal.com

Hello,

I handle both Personal Injury & Workers Compensation matters. I also do Unemployment Compensation hearings.

You should apply for a hearing immediately if you have not already done so.

Also you may have a Workers Compensation claim. More specific facts are needed.

Contact me if you would like to discuss.

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Answered on 2/12/10, 7:18 am


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