fired while still under workerscomp? Illinois

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fired while still under workerscomp? Illinois

Post  juniorjed on Mon Dec 29, 2008 3:45 pm

Iam john 35 years old and hurt my back and neck back in 2006, In 2007 of dec i had back sergery and 2008 of may i had neck sergery, I went threw my pys therp and got my workerscomp checks, But the last 3 months my doc told me to go back to work for light duty on docs resticions. Well i showed and the company told i was ask to leave the work site and come back and i got them to sign it on the docs note and the next month same thing he siad try light duty and the work told again you are not to be on the work site and we are not signing no papers or taking no docters notes. 3rd month same thing was ran of the work site again and a week later i get a letter saying they been trying to get of hold be to do light duty work and i failed to show up which they have never called or mail anything to me. But as iam reading this letter she also goes on and says we also look in on what your doc said of what type of light duty work i can do and she said we dont have any of that type of light duty work for and so we have termintated you from your job. Now i still get my workerscomp checks and still un docs care. But can my job be termintated while under workerscomp? I live in chicago ill, ty john
P.S If there is any other info you need reply back ty.

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Re: fired while still under workerscomp? Illinois

Post  JoeC (McGruff) on Mon Dec 29, 2008 3:58 pm

Contact an attorney they cant fire you for being on or filing a Workman's Comp claim in Illinois.
In Illinois this a tort claim where an employee has been terminated for refusing to commit an unlawful act or for performing some act which is protected by statute or by public policy. In Illinois statutory law such as the Workers’ Compensation Act,falls under the public policy exception to the "at-will presumption.

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thank you

Post  juniorjed on Mon Dec 29, 2008 4:50 pm

thank you , iiiiiiii do have lawers a workerscomp one and a personal one. I would have to write to you more about this case cause its long long . get back to you in few. john

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Re: fired while still under workerscomp? Illinois

Post  JoeC (McGruff) on Mon Dec 29, 2008 4:54 pm

No don't do that I cant help if you have an attorney of record ask him if the discharge meets the Illinois standard. Also try this link keep your problem short for best results:
http://www.illinoislegalaid.org/index.cfm?fuseaction=home.helpfulOrgsAll
Keep us posted.
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