Illinois Workers’ Compensation Benefits Don’t End Automatically When an Employee is Discharged
In an important opinion issued earlier this year, the Illinois Supreme Court filled in a crack that had begun to develop in the foundation of Illinois’ workers’ compensation system. The case involved a carpenter who suffered work-related injuries while employed by Interstate Scaffolding, Inc. The injured employee returned to work soon after; however, for nearly two years after the injury, he continued to suffer pain and numbness, and continued in turn to undergo various diagnostic tests and treatments. He was ordered by doctors to stop working from some time, and then allowed to return under “light duty” conditions. Throughout this period, he received either total temporary disability payments or maintenance benefits (for the periods when he was working in a light duty position).
Nearly two years after suffering the injury, the employee was fired, allegedly for writing graffiti on the shelves of a storage room at work. At that point, the worker’s medical condition had not stabilized, and he had not reached the maximum level of medical improvement (the point at which, under Illinois law, he would have stopped receiving disability payments). Still, his employer stopped paying the workers’ compensation benefits, claiming that a worker who voluntarily commits an action that leads to his dismissal is not entitled to workers’ compensation payments beyond the date of the dismissal. A lower court agreed.
However, the Illinois Supreme Court focused on the fact that the “fundamental purpose” of the Illinois Workers’ Compensation Act is to protect workers financially until they are able to return to work. According to the Act, as interpreted by the Court, an injured employee may lose his or her right to workers’ compensation benefits if he or she refuses to undergo necessary medical treatment, or fails to cooperate with rehabilitation or vocational placement efforts—but does not lose those rights simply by getting fired (whether for good cause or not) while still needing and receiving medical treatment for a work-related injury.
If you have filed or are considering filing a Workers’ Compensation claim in Chicago, or if you need an attorney’s help in the appeals process, please contact VanPopering Law Offices immediately, either online or through our toll-free hotline.
