Q: Settlement Process???
I injured my back a year ago on my job. I had went through therapy, work hardening program and spinal injection shots. After all of that I still have some discomfort in my back. During that time off I did receive weekly the TDD payments.My dr. has released me with permanent restrictions meaning I can no longer do that type of work anymore. The past 3 months my job has accommodate my restrictions but its in a temporary position. My question is
1.) Doesn't my job have to retrain me now since I can no longer do the type of work I was hired for???
2.) Does my attorney at this point begins the settlement process or do I have to wait for my job to offer me a settlement???
3.) How do I go about securing my job???
Please help! I don't want to end up jobless after all of this! BTW I live in illinois.
A: Your job should train you if you do not already have adequate training for your new role with the company since you injured your back. I would express your concerns regarding training with your employer. In regards to your attorney initiating the settlement process, I would recommend asking your attorney, as he or she is best equipped to answer such a question. If you do not have an attorney, you should get one immediately. It is extremely unlikely that your employer and/or its insurer will offer you a settlement, you will need to go through several formalities. Finally, in regards to securing your job, it is another question to take up with your attorney as well as your employer. Keep in mind your employer cannot retaliate against you for filing a worker's comp claim. I wish you the best in your recovery.
A:
Why are you paying an attorney who can't or won't answer such important questions. It is a simple fact that people don't work for one employer and retire with a gold watch. That kind of employment security just doesn't exist. Reduced physical ability usually equals reduced income. A lump sum settlement isn't going to do you much good if you earn less money for the rest of your working life. If that's the case you are entitled to a wage differential - Workers' Compensation will have to make up the difference between what you could earn before you were injured and what you can earn, now.
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