Legal Question in Workers Comp in Illinois

My husband, who has begun suffering severe asthmatic distress at his new managerial position at a feed and grain plant, has been seen twice in the ER for poor oxygen levels, provided with high-dose steroids and nebulized inhalations and has been advised to avoid "dusty" areas (which would include his current workplace). Today, the MD we saw for continued treatment of his condition and the addition of more medications indicated that, should he voluntarily terminate his employment with this current company due to his medical condition, the current IL laws for unemployment would disqualify him from receiving unemployment while he sought alternate employment. This is contradictory to what I read on the IDES website. If his current employer is unable to provide him with an alternate position suitable to his condition, it is my understanding that he MAY qualify for unemployment insurance while he seeks alternate employment. Is this true?

Asked on 6/18/12, 7:07 pm

1 Answer from Attorneys

Thomas Moens Moens Law Offices, Chartered

I generally try to avoid giving medical advice, so it is odd that this physician thought it appropriate to provide legal advice. You assessment is correct, but the important word there is "MAY." I would suggest contacting IDES and/or an employment attorney in your area to make sure you do everything they will require.

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Answered on 6/25/12, 10:26 am

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