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Benefits delayed due to harrassement Illinois

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  • Benefits delayed due to harrassement Illinois

    I'm a state employee and last April I was hurt responding to a staff assault. My knee buckled and I end up tearing my meniscus in two places in my left knee and hyrniated the disk in my L5 and S1 having to have a discectomy removing pieces of the disk due to pressure on the nerve. They shaved a area in the knee due to bone spurs and floating debree, I'm still off from work at this time. They denied my claim due to the shift supervisor stating he could not find anyone to verify I responded to the assault and in his opinion I was making a false claim. The Main workers comp coordinator said I had to have a witness report stating i was responding to the assault for her to change her decision, I had 3 reports from different locations. The one location was the officer on the Administration door out side the shift commanders office who a day after was off for 1 1/2 months due to a diabetic problem in his leg and the others was a tower officer and the cell house officer I worked at. They took 4 months because I had retained a lawyer to finally get it approved, but they docked my pay $600 one check $350 another and $400 another because I did not have enough sick days to cover doctors visits and therapy. I recieved pay 2 months later after the claim was finally approved, but they back dated it to April and counted the 4 months I worked as part of my extended benefits when I was on light duty. Then during December the main coordinator was off due to death in family and because there is no one else who can approve treatments, everyone is placed on hold until she returned. Now they taken me off extended benefits since April of last and I should have been back to work if there was no delay by them. Even though they had 3 reports they still delayed until my lawyer pushed the issue with them, I have been put through finacial hardship due to their delay and are placing more since I'm only recieving 66.66% of my pay. Do I have any legal rights against them for their harrassment, I wrote the shift Supervisor and a Lt. up a total of 6 times for harrassment and reported it to the warden, and all they did was talk to them. This happens a lot in the state. What can I do outside my workers comp claim.

  • #2
    You jumped around a lot and I'm not sure I follow what the story is. You claimed that you were injured responding to an assault, and during that assault your knee buckled and somehow herniated a disk in your back? The torn meniscus I get, the back I'm not following.

    If your knee just gave out on you and wasn't caused by anything work related such as a wet floor or someone assaulting you, then it does't fall under WC. Not everything that happens at work is covered by WC. The injury must arise out of, and be in the course of your employment. Why your knee buckled is important.

    In any case because there were no witnesses that saw you get injured as you claim, the WC claim was denied. There were some late responding witnessed that later did back up your story and the treatment and lost time was covered?
    If there wasn't anyone that saw what happened or those folks didn't come forward for whatever reason right away then the claim should be denied or at least scrutinized. This isn't the carrier's fault. Unwitnessed accidents, especially when the injury doesn't quite match the accident, send up all kinds of red flags. While there are those who are legitmately injured when no one is watching and sometimes the darnedest things cause injury, there are those who are less than honest that unfortuntely, make it unlikely that the carrier is going to take someone's word for it. No, there is no course of action you can take based on the delay the witnesses caused.

    You were at some point on light duty and during that time you were charged for time spent at PT and doctor's appointments. There is only one state that requires treatment time be counted as hours worked and it isn't yours. Your employer can expect you to schedule appointments around your work schedule or use accumulated leave or take leave without pay for this, just as for any other medical absence. Work related injuries are not afforded special treatment unless the employer chooses to make that their policy. I gather you work in a correctional facility of some kind and frequently there is a union. Check with your union agreement and see if there is a policy that addresses this. There may very well be a more generous policy in place there.

    I'm not following what harassment you re experiencing at all. You say you are writing employees up for this. Are these harassing employees ones you supervise? If you aren't working, how are they harassing you?
    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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