End of WC payment questions in Illinois

[FanofIllinois]

UPDATE: My company never told me directly, but apparently they released me in March. IC wants to settle, but I'm wondering if my company is retaliating against me for the WC claim. If I get a lawyer do they fight my company or just the IC? If I need to fight my company is that separate from the IC claim, or is it all one suit?

[1171]

you cannot insure an illegal act like discrimination; while it may be handled in work comp court the finding will be against your employer not the carrier.
each state has it's own system & rules; check to see how yours works.

[FanofIllinois]

1171 Wrote:you cannot insure an illegal act like discrimination; while it may be handled in work comp court the finding will be against your employer not the carrier.
each state has it's own system & rules; check to see how yours works.

Thank you. So in essence though, if I sue, am I suing my company for retaliation through the IC (declining the settlement), or do I file a separate suit with the state?

[1171]

"sue" is civil law and a term used in tort liability and does not apply in workers comp.
most likely you would be asking for a finding from the commission.
the finding would be for discriminatory behavior.
it's not discriminatory to decline a settlement.
you need to discuss your situation with your atty.
whether you have a basis for bringing a separate civil suit is unknown.

[Bad Boy Bad Boy]

Back in Jan 2010 you said you were given a medical release to return to work. You said the employer only had limited work at the time. How can you be let go from work if the employer didn't tell you this?

[FanofIllinois]

Basically after I got a release to return to work, my company told me there wasn't a lot of work, yet all the other employees had 30-40 hr work weeks. After 2-3 weeks of this they deleted my name from the scheduling system and they deleted my employee account. Effectively releasing me, I haven't heard from them since.

[Bad Boy Bad Boy]

And you as of today's date haven't questioned this? Isn't that somewhat strange, as I sure would like to know what is going on. For if you were not working, it's possible your TTD checks could have started back. But, that depended on what the employer said. But, you haven't found that out.

[FanofIllinois]

I've tried, small company and no direct answers from the owner. It wasn't worth my health and the aggravation, although I would like a resolution and a direct answer.

[Bad Boy Bad Boy]

Then had you informed your Work Com Insurance or your attorney if you have one, of this work issue taking place? For they would find out for you, and then find out if your entiled to any extra benefits. Even Voc Rehab, where they will try to help you find employment you can then do. During Voc Rehab they pay you the TTD checks. Sometimes you can just request Voc Rehab, or even your doctor can, by sending a letter in that it would be best for you.