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  • Fired after on the job accident! Illinois

    I was recently fired after I got injured at work. They told me I was being fired for attendance, but went against there policies and procedures book in doing so. They told me they would pay for my workers comp. bills, but I'm still unable to work due to the injury! I don't know if I should contact a lawyer or not. Any advice???

  • #2
    Originally posted by frecklesnkb8
    I was recently fired after I got injured at work. They told me I was being fired for attendance, but went against there policies and procedures book in doing so. They told me they would pay for my workers comp. bills, but I'm still unable to work due to the injury! I don't know if I should contact a lawyer or not. Any advice???
    What was there policies, and what was your attendance like? Had you missed for any reason not due to your workers comp claim before they let you go, but after the accident. In other words, if they didn't fire you for attendance, but right after the accident, they did, this may be a problem for them, and show retaliation against you for filing a workers comp claim. You said accident, what did happen? So, correct me if I'm wrong, are you getting workers compensation checks for missed work?

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    • #3
      On the surface it seems like retaliation but it is very hard to tell from the little you shared. Why do you think you were let go because of the injury? Have you filed for TTD while you are out? If you are unable to work due to the injury, then you may qualify for TTD. The medicals have to be paid whether you are employed or not.

      It never hurts to consult a lawyer and see what they say. Since this seems less than straightforward, I'd advise it.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        update

        There policy is verbal right up for 1st absence...written for 2nd...and final for your 3rd...anything after that is termination. I was on a written and missed two days of work because of my injury and thats what they fired me for. I was moving wooden pallets at work and got a splinter in my middle finger that became very infected. I eventually had to have a surgeon cut into it and now its just open with gauze packed inside it. I go once ever three weeks to have it changd and there not sure when this will stop. I can't use my right hand at all until the gauze is permantly removed therefore I can't really work anywhere. No, they arn't paying me right now.

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        • #5
          Sorry Iím going to be the devils advocate on this but those two days you lost after the injury where these days that you missed because of surgery and hospital time or where these two days that you took off on your own? What about work restrictions do have any?

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          • #6
            Update

            I missed those two days due directly to the injury. The dr. at the ER told me I couldn't go back to work until my finger was taken care of. So Tues. the dr. I went to said he wouldn't do it because he wasn't a surgeon. That was the first day I missed. The second day I missed was the day I had the surgery on. I was told I couldn't use my right hand at all, and seeing as kow i'm right handed it makes things very difficult. I was also told I couldn't work in the warehouse until my hand was healed up. I went into work the day after the surgery and thats when they fired me.

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            • #7
              It seems odd that you would be written up just for missing work, particularly since you had already been warned at least twice about attendance which makes me think there is a lot more to the story. That you didn't just walk in after having 2 days off for a work injury and get fired. What were the other warnings you received for? Did you follow proper procedures to call in sick and provide documentation? Did your employer even know the days off were related?

              How long had you worked there? Were you terminated for taking the days off or for some other reason such as not being able to accommodate your injury?
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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              • #8
                update

                I followed all the procedures that I was supposed to for calling in. I gave them all my doctors notes saying the days I would have to miss work. I missed the two days from the injury and yes, walked in the next day and they fired me. The only other time I missed work was due to stomach surgery and I got wrote up twice for that, because it was emergency surgery and I didnt give them 24 hours notice. I've worked there for 15 months. They told me my position was being terminated for attendance.

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                • #9
                  How much time did you work in the last 12 months? How much have you missed? Did you work at least 1250 hours in the past year and does your employer have at least 50 employees in a 75 mile radius?
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                  Comment


                  • #10
                    Hi everyone! I am new here and would like a little advice. I was also fired from job in Illinois after I hurt my back at work. My supervisor told me about a week or so prior to my accident that she was very happy with my job performance. She said she told her superiors that, also. Funny thing is, I hurt my back, and about 2 weeks after, I got a registered letter in the mail from my company saying I was being terminated because of my work performance and they were already going to fire me before I was hurt. In fact, they said they had been looking for replacement to train for my job. I had only worked there for almost 3 months, so I was still in my probationary period. But still, it seems to me they are lying and they fired me because of my injury. I know that in Illinois there is the no fault law and an employer can fire a person for no reason. But doesn't this seem like retaliation?
                    At the time of my injury, I went to the company Dr. straight from work. The company even had another employee drive me there. The Dr. said I could not return to work at that time. He gave me meds and prescribed bedrest. So, this would not be considered as a no show at work, since I took the doctor's note straight to the company the same day right after I seen him.
                    Any suggestions? I do have an attorney, but he seems like he is only worried about the injury and not worried about the company firing me. I feel like I the company fired me solely because of my injury and I should have some rights somewhere.

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                    • #11
                      Since you already have an attorney, ask him specifically about filing a complaint with the State for retaliatory discharge. If you don't care for his answer or he brushes it off, then speak with another WC attorney and get a second opinion.

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                      • #12
                        While it seems the reason that you were given for discharge may be false, unless the reason you were let go was because you filed a WC claim, it isn't illegal. Two weeks is a lot of leave to extend to someone who hasn't even been there 3 months. It would not be illegal to fire you for missing time from work, so long as they would also not approve a 2 week or more leave for someone else who had been there such a short time.

                        Since you already have a lawyer you should follow up on this with them.
                        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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