Vocational rehabilitation in Illinois work comp: Don't lie

A reader asks:

Currently I am on workmens comp for a back injury and leg injury and have been receiving ttd.I have an attorney on this case but need some clarification from someone else about this matter.The insurance company has assigned a work rehab company to me to find employment. My place of employment has done a involuntary terminated my job. My question is when I am applying for jobs and the section for leaving last place of employment I put down injured on job,workmens
comp injury or involuntary termination due to injury my rehab company insist that I cannot put those reasons down  but lie and write down looking for a less strenuous position or changing jobs. Also when putting down a salary do not put one in and don't put in a traveling distance. If I don't follow there rules they report to the insurance carrier that I am not cooperating with them by because I don't want to lie on applications.What is case law about falsifying job application?

This is a simple one.  Never, ever lie.  You cooperate in any way you can with finding a new job, but you don't lie on an application or in an interview.  If you do, it helps the insurance company, but not you and it's wrong.   What happens when down the road you love this new job and then get fired  because they found out about the lie?  You are screwed, that's what happens.

If you go to trial at the Illinois Workers' Compensation Commission over this issue, I don't believe that any Arbitrator is going to punish an injured worker who refuses to lie.  If you show up a mess to an interview or act unprofessional that is one thing.  But not lying about having been hurt is something completely different.  And quite honestly, it can help sell you.  e.g. "I have been out of work for a year because I had a job injury.  It's killing me because I've worked all of my life and love to do so.  I'm just chomping at the bit to get back."  That is the type of advice of voc rehab counselor should be giving.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

 

 

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Comments (3) Read through and enter the discussion with the form at the end
Rusty - March 1, 2011 12:25 PM

so what was your outcome? I'm getting ready to do work rehab and not understanding what your telling me to put down at the job interview. Did the insurance co get into trouble for telling you to lie?

WE REPLY: I'm not sure I understand the questions, but always be honest.

Rich - April 22, 2011 5:07 AM

I am Currently assigned to Work Vocational due to a Injury . My question is the Work Voc person wants me to go to college at 8AM-915 AM then 11AM-1230PM then again at 6PM-8PM, I told him I cant because I have kids that need my supervision since my wife now has to work.

My Question is can he force me to go to college that many different times throughout the day ? I understand it benefits me and my family but I feel The Work Voc is intruding into my life and that Work Comp pays me for 8 hours a day not 12-14 hours a day . If you look at the times I will have to go back and forth 3 times a day at 40 minutes each round trip, I feel this is unreasonable request and Work Voc says he will report me to insurance Co as not complying . I told him go ahead ! Any help or answers would be greatly appreciated .

WE REPLY: If we were representing you, we'd argue (likely successfully) that this is an unreasonable request.

Rich - April 22, 2011 5:08 AM

I am Currently assigned to Work Vocational due to a Injury . My question is the Work Voc person wants me to go to college at 8AM-915 AM then 11AM-1230PM then again at 6PM-8PM, I told him I cant because I have kids that need my supervision since my wife now has to work. Sorry Told him at night I cant , Either during the day or night I will go to college but I cant both .

My Question is can he force me to go to college that many different times throughout the day ? I understand it benefits me and my family but I feel The Work Voc is intruding into my life and that Work Comp pays me for 8 hours a day not 12-14 hours a day . If you look at the times I will have to go back and forth 3 times a day at 40 minutes each round trip, I feel this is unreasonable request and Work Voc says he will report me to insurance Co as not complying . I told him go ahead ! Any help or answers would be greatly appreciated .

WE REPLY: That would be the most unusual voc plan I've heard of unless the classes were only available at those times. Sounds to me like they are trying to force you to be non-compliant to cut their expenses and exposure. We'd want to see the full voc plan to be sure and look into comparable alternatives.

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