Employee Rights in IL?

[sab]

:(My husband is in sales in Illinois. He was injured at work during an event in December 2007. He immediately reported it to his employer and struggled on with pain in his right knee. He is very competitive and felt he could work through it. In February the pain was so intense he had to seek medical care. He was checked out and had to have his cartilage repaired (it was split in half) and the ACL was destroyed and could not be repaired. A cadaver ACL was used to replace the damaged one. He still had intense pain and it makes a "popping" sound so he asked for another opinion. The WC insurance company picked the Dr and he agreed something was indeed "wrong" and recommended a THIRD surgery to determine what. So he's had three surgeries since April 2008, been on WC since then, and has been limited in his driving and job, he's back to the doctor this week to HOPEFULLY be released to return to work. Throughout this entire ordeal, his boss has been threatening him, harassing him, and even came to our HOME the day after surgery to complain about his "performance". This is a star sales person within the company with awards to prove it. His performance has only suffered since they didn't remove the snow and ice from the sidewalk/parking lot and he hurt his knee during work. The company has been so harassing that he is now depressed and fears for his job. Today his boss calls again - guess what? They are taking his file completely away (after taking 1/4 of it a few weeks ago) and stated that "until you get a note stating you are 100% OK and able to work FULL TIME, you will not get your file back" - he has worked as much as he could during this mess. He has appointments set up for Nov - Dec and they are taking his livlihood away. He will not receive a 100% "cured" letter - his knee has developed severe arthritis since the first surgery. He has to undergo more therapy and regain his mobility and strength. Can they do this? I thought that employees were protected when injured at work, and all we've seen is blatant hate and received threat after threat. Please, someone help me. He's giving up and I don't know what to do. I can't get him to call an attorney, he's already been told by the President of the company that if he does seek legal aid, he'll receive retribution. HELP!!!

[ace25]

Retaliation for filing a claim is illegal. However, a person can be terminated while on workers' comp. It is quite common. The termination cannot be in retaliation for the claim. It must be consistent with company policy, and usually is related to an extended absence from the job. They most likely can "take his file", but is he recieving temporary benefits? He should be if he is not working due to an injury.

I would say your husband has good reason to speak with an attorney. The company threat of retribution for seeking legal aid means something is not right. Have him go to the attorney, and when he can return to work, have him find another job. Why would he want to work for people like that?

Look for a member here named Bad Boy Bad Boy. He has a lot of experience as an IW in Illinois. I suspect he will be helpful to you here.

[Lilly]

You need a labor law attorney. As Ace said above this treatment is against the law...or contact the Illinois EEOC.
Good Luck & keep us informed, Lilly

[Bad Boy Bad Boy]

In Illinois, and mostly any other State, employers have the Legal Right by Law to keep their business running the way it was before your husband was injured. Their customers are their customers.

As for all the employment issues you state, this is a total different set of Laws and Rules, then Workmens Compensation Laws and Rules. Never ever try to merge the two different Laws together, it doesn't work.

You can search the EEOC web site then for State, and simply call them. Over the phone they then will inform you if you have a good reason to file an Employment complaint or not. These people you will talk to on the phone, are like rush-rush, but don't under estimate their knowledge of Employment Law.

Your husband needs a Work Comp Attorney like it was yesterday. Sorry to say this, but his health must come before employment. Being said, he just might not have a job to return to, or if he does return, may never be happy there again. This is something only he can decide on. If he is depressed, he needs to tell his treating doctor so, or you go with him to the doctor, and you tell the doctor. Get it writen in his medical reports, and chart notes. Then the doctor can refer him to another doctor to treat his depression. Depression does not go away on it's own, and seeking medical help and attention is always needed for proper treatment.

Now, you say your from Illinois, can you please tell me where about in Illinois, and what type Sales employment your husband was doing. (EXAMPLE) Like Auto New Car Dealer Sales, or something like that. Don't mention his company name is all.