Illinois: Draggin Workmen's comp case out and then letting me go

[shubox]

My union has a clause in the contract that states you may be replaced if you do not work for 8 months due to injury or illness. My work has let go at least 5 people in the 10 years I have been there for this reason. Now I stand here I was injured in April and filed a claim, I need major surgery and they just now in december started paying me my TDD but this is 6 months from what I understand the surgery is a 4-6 month rehab this places me over the 8 month clause. My supervisor is telling friends at work that they are letting me go after the 8 months. Is there any way to fight this? My attorney says it doesnt have anything to do with the WC so they cant do anything.

[Pattymd]

It doesn't have anything to do with the Work Comp. However, since you have been gone WAY more than FMLA provides for job-protected leave, whatever decision is allowable will be determined by your contract. You cannot be fired BECAUSE you filed a WC claim. You CAN be discharged, (there is no law prohibiting it) because you were out longer than the period of time the contract allows. If all employees who don't work for XX period of time are discharged (regardless of the reason for the absence), then you would have a HUGE uphill battle trying to prove that YOU were discharged because you filed the WC claim.

[shubox]

wow thats a pretty nasty loophole dont you agree?


edit:
Thank you for your quick reply also

[stiffnecked]

Yes, it's a nasty loophole but much better than what most non-union workers have which is nothing except 12 weeks of FMLA. So your lucky and cursed at the same time.

[ElleMD]

Unless they are only letting those who have work related injuries go after 8 months, but allowing others additional time, it is perfectly legal, and in fact 5 months longer than the law requires. You should qualify for TTD even if you are let go but still not fully healed.