Fired 1 week after turning in Work Comp. Claim

[hinckley1960]

I live in Illinois, had a fall with a Manager as witness. 1 week after I turned it in, they fired me for a company time clock violation of 1 hour off. Once I turned it in they sent me to see there doctor, they told me to go see my family doctor in a week. I let Work Comp. worker know this and he said just skip my family doctor and go directly to a Orthopedic Surgeon, as this looks to be a torn rotator cuff. My appt. was set for 1 week after I was fired, he said it might be torn, but wanted to give me a cortizone shot and Physical theropy for 5 weeks. Put me on restricted work, can't lift over head or no lifting to side. Now I am unemployed and restricted in work, can not get a job! Should I be receiving TTD benefits(weekly paycheck)? They are paying the doctors bills and are not disputing the claim! Please let me know where I stand. Thanks, Larry
pamhinckley@hotmail.com

[1171]

I suspect that if the employer indicates that they would have modified work for you if you were still employed then they will not pay TTD.

[Bad Boy Bad Boy]

Company time clock violation is not an issue for work comp. It is a Labor issue, or employment issue. It's a legal offense that they can fire you. But, your work comp case will continue. Or it should.

[hinckley1960]

1171 Wrote:I suspect that if the employer indicates that they would have modified work for you if you were still employed then they will not pay TTD.

With this backdrop in mind, I read with interest the recent decision in the case of Illinois Scaffolding vs. Illinois Workers' Compensation Commission. The case raised the question of whether an injured worker, fired for reasons unrelated to the injury, can continue to receive benefits. In short, the answer is yes. An injured worker can continue to receive benefits for as long as he remains disabled from the work-related injury, whether or not he is still employed by the same employer.

"For the reasons stated above, we hold that an employer's obligation to pay TTD benefits to an injured employee does not cease because the employee had been discharged - whether or not the discharge was for "cause." When an injured employtee has been discharged by his employer, the determinative inquiry for deciding entitlement to TTD benefits remains, as always, whether the claimant's condition has stabilized. If the injured employee is able to show that he continues to be temporarily totally disabled as a result of his work-related injury, the employee is entitled to TTD benefits."

The case is an important decision and a logical one for all the reasons stated. It is also important in the context of that question I keep getting asked: "Can they fire me". They still can't fire you in overt retaliation for filing a workers' comp case. They still can fire you for "cause" unrelated to the injury. However, because of the precedent set in the above-cited case, employers have less incentive to terminate injured workers for seemingly unrelated reasons. Therefore, we can hope to see less of these terminations in the future. This well-reasoned approach adopted by our Supreme Court protects the injured worker from this type of subtle retaliation. I applaud the ruling.

[1171]

if you felt you had the answer from the court why did you post the question?
your post indicated you were released with some restrictions.
this would indicate that you may be temporarily partially disabled.
the situation cited in your response concerned a worker that had a full disability restriction from the doctor.
the decision does not address modified or lite work situations.

these issues are complex and a legal decision would depended on specific facts.
whether the employer in your case could show that modified work was a legitimate and real alternative would depend on the evidence they could present.

if it's not, and they don't have a modified work program, then they may just go on paying TTD.
it depends on facts not known.

[Bad Boy Bad Boy]

I must assume you accepted the being fired part and the violation of 1 hour off.

Then you said you been allowed to return to work, but with medical restrictions.

This means your employable in the eyes of the Insurance carrier, and also with the work comp Comm., and Un-employment office.

So, you will get continued medical but not the TTD checks, as you been said by the doctor you can work, and are employable. You should file for Unemployment then.

The court doc you showed, is related to an employee that there doctor said needs to be off work. They were not released to work with restrictions. It doesn't pertain to you or your case right now.

If your doctor states anytime in the future you can not work, meaning unemployable, then yes, the TTD checks will start again.