Legal Question in Workers Comp in Illinois

fall at work

during my part time job as a janitor I fell causing both knees to have surgery for tears in each of them. Now I have been released by the doctor for lite duty and restrections. Due to the fact that the job I was hired for won't allow for the restrictions they offered me another job during the daytime 50 miles from my home. My previous job was only during the evening hours three blocks from my home. They know I can't work days because I have 3 babies at home. I don't feel qualified to do the job they offered me either. Can they legally do that? offer me a job they KNOW I can't take so far away from my previous place of work?


Asked on 3/02/08, 12:13 pm

3 Answers from Attorneys

John Wunsch Law Offices John C. Wunsch, P.C.

Re: fall at work

Dear Sirs:

You may have a remedy if you can show that the offered work is outside of the work restrictions that have been placed upon you by one or more of your physicians.

Please call to discuss.

Many thanks,

John C. Wunsch

Law Offices

JOHN C. WUNSCH, P.C.

[email protected]

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Answered on 3/03/08, 8:51 am
Matthew Willens Willens Law Offices, P.C.

Re: fall at work

A job offer is only that, an offer. The Petitioner need not take it. Unless this is a union job, there are no rules that govern job offers because of the employment at will doctrine. If the Petitioner is currently receiving workers comp TTD benefits, it is likely that these benefits will be cut off when he refuses the job offer. At that point, a permanency demand should be made.

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Answered on 3/03/08, 1:34 pm
Matt Belcher Belcher Law Office

Re: fall at work

I wish I could give you an exact answer but your situation requires a lot more information to provide for all of the variables.

Please feel free to call me or another lawyer to obtain a free in-person consultation.

Good luck,

Matt Belcher

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Answered on 3/02/08, 12:19 pm


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