By Russell Haugen
Guest Writer
Woodruff Johnson & Palermo
Thursday, Nov. 7, 2013

Time and again, clients ask whether their entitlement to workers’ compensation benefits is contingent upon them continuing to work for the same company where they were injured. Generally, your entitlement to workers’ compensation benefits is not contingent upon you maintaining employment with the same company.

Even if you are terminated from your employment, you are still entitled to benefits. However, there are certain situations when your entitlement to benefits could be detrimentally affected based upon your employment status, particularly if terminated without sufficient reason.

In the event you are terminated for cause or misconduct, the Illinois Supreme Court has ruled your employer often must continue paying workers’ compensation benefits. Interstate Scaffolding, Inc. v. Illinois Workers’ Compensation Comm’n, 236 Ill. 2d 132, 923 N.E.2d 266 (2010). In this case, the claimant was fired for getting into an argument with a coworker and defacing company property. When he was fired, he was still being treating for his work injuries and was on light-duty restrictions. The Court held this individual was still entitled to ongoing weekly benefits, based upon the fact his condition had not stabilized and he had yet to reach maximum medical improvement. The Court would not allow the Illinois Workers’ Compensation Commission to get into an analysis of whether the termination was valid or invalid.

However, this same analysis doesn’t apply if you are terminated for failing to show up for work, which is typically referred to as a “no call, no show.” Illinois courts have considered this an abandonment of one’s employment and benefits are routinely denied. Therefore, it is extremely important you notify your employer in the event you are unable to come into work, whether it’s for personal reasons or as a result of the work personal injury law firm based in Metairie area. If you are terminated for failing to notify your employer of your absence, it will be extremely difficult to obtain ongoing weekly workers’ compensation benefits. There are also motorcycle accidents earning compensations that one can look into and talk to an attorney about.

An individual’s tips for hiring a lawyer and entitlement to certain workers’ compensation benefits as prefered by personal injury attorneys from Green, Waters Ogle and McCarter could be impacted if they voluntarily resign or retire from their employment. While that individual is still entitled to medical care at the expense of the employer and a potential settlement for their injuries, their entitlement to lost wages could be extinguished. Therefore, it is very important you discuss a possible resignation with an attorney before you notify your employer of your intentions to resign or retire. The Law Office of Seth C. Weston – Family Lawyers can help with legal assistance.

A resignation or retirement could not only effect your entitlement to ongoing work comp checks, it could also negatively impact your entitlement to future lost earnings based upon a wage differential award or a permanent total disability award. Illinois courts have held that when a person resigns or retires, they are voluntarily taking themselves out of the work force and are not entitled to benefits for future loss earnings. Therefore, the only route of recovery is for a certain percentage loss of use of the injured body part. This type of settlement or award could be significantly less than benefits you would be entitled to if you didn’t voluntarily take yourself out of the work force. You can go to Our site for information on the legalities or to talk to a lawyer from https://gideonasen.com/.

Another complex situation can arise if an individual decides to start working for a different employer while they are still treating for a work injury. Since you are working for a different employer, you are clearly not entitled to ongoing weekly work comp benefits. However, the employer where you were injured is still required to pay for your medical expenses and a potential settlement for your injuries. A problem can arise if you sustain an aggravation or new injury to the same part of your body while working for the new employer.

At that time, the new employer will typically say your new injury is related to the original injury. And, your original employer will likely say you sustained a new intervening injury and start to deny ongoing benefits. When two employers and their respective insurance carriers are pointing the finger at each other, it generally results in complex and lengthy litigation. For cases like this, it’s best to hire an experienced Oshkosh workers compensation attorney.

Therefore, it is extremely important to contact a workers’ compensation attorney  about which you can continue reading here, in the event you have been terminated, contemplating a resignation, or deciding whether to switch jobs. These events and decisions can have a huge impact on your entitlement to certain benefits under the Illinois Workers’ Compensation Act.