Arenzville, IL asked in Employment Discrimination and Employment Law for Illinois

Q: Got hurt at work on feb 13th, got fired on march20th for no call/no show while being hurt. Do I have a case?

Workers comp claim was submitted the week after I was hurt.

1 Lawyer Answer
James G. Ahlberg
James G. Ahlberg
Answered
  • Employment Law Lawyer
  • Rochelle, IL
  • Licensed in Illinois

A: It depends. If your doctor had you off work (or had given you work restrictions the employer was unable to meet) and the employer was aware of this on the day you were fired, you may have a case for wrongful termination of employment in addition to your workers' compensation case. On the other hand, if your doctor did not take you off work (or gave you work restrictions the employer offered to meet), then you may have a problem. Discuss this with your attorney.

This answer applies if "Workers comp claim was submitted the week after I was hurt" means your claim was filed with the Illinois Workers' Compensation Commission, not if it was only filed with the employer and the insurance company.

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