Legal Question in Workers Comp in Illinois
I hurt my back in January I had 4 shots 1 decompression and a lumbar fusion , my company will only hold my job for one year so does my work comp end if my company lets me go
5 Answers from Attorneys
Not at all, but it would change the plan of action that needs to take place in the work comp case. If you want to discuss it, please email me your number or call me at 800-517-1614
No, your weekly total temporary disability checks will not end, even if your employer does not hold your job. There is no limitation on the duration of the payments. As long as you are unable to work, they must continue sending the payments. Depending on what you do for a living and your level of function once treatment is completed, you may be eligible for vocational rehab training thereafter. You should also be aware that you are entitled to a lump sum award or settlement for your injuries. I wish you a speedy recovery. Do not hesitate to call me with any questions. Thank you for your inquiry. Jeffrey M. Shancer, 312/795-9000
Don't worry. A worker's compensation claim exists without regard to your continued employment. (On some occasions, the claim does not even arise until after an employment relationship ends.)
There is no need for any concern - until - you have been, or are about to be, released to return to work by the treating physician; at that stage, you should obtain a free legal consultation to discuss the details of your rights under the law.
A full-duty release may end your right to 'wage replacement' benefits but ANY removal from your regular job duties for120 days (which deadline seems to have already elapsed) would entitle you to a vocational rehabilitation plan, which should have already been filed at the Workers' Compensation Commission.
It can get a bit tricky, so telephone calls and face-to-face meetings with an experienced law firm are best to avoid misunderstandings.
Sorry about this dilema and I wish you luck.
Please contact an WC attorney ASAP. My office can help you if you need guidance.
Whether you remain employed has NOTHING to do with continuation of your benefits. In Illinois, you will definitely be short-changed if you do not have an experienced Workers' Compensation attorney.
Identify an attorney with the experience and resources to be a solid advocate, NOT someone who will prompt you to take the first offer just so they can get paid.
Candiano Law Office
Charles J. Candiano
53 West Jackson Blvd.
Chicago, IL 60604
(888) 373-9964 toll-free
(312) 465-2914 telephone
(312) 624-8184 fax
email: [email protected]
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