A severance agreeement can't end an Illinois work injury case
With all of the layoffs happening these days, a lot of injured workers are taking a severance package. Most of these severance packages say something to the effect of "In exchange for this severance you give up your right to bring any claim for anything at all against our company."
Some specifically mention workers' compensation claims. The reality is that even if you sign that severance agreement, you don't lose your right to file an Illinois workers comp case. Under Section 23 of the Illinois Workers' Compensation Act, only the Illinois Workers' Compensation Commission can bring a case to a close.
To be safe we always encourage people to have their claims formally filed with the Commission. But either way you can essentially have your cake and eat it too. Please note that if you have any work restrictions or might in the future, we do not recommend that you take a severance without consulting an Illinois workers' comp lawyer.
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.
