There are so many clear examples of the cruelty and pettiness of workers’ compensation insurance companies on Illinois work comp claims. They are constantly trying to come up with new ways to mess with injured workers or bend the law.
A tactic that has become really popular over the last couple of years is telling injured workers that instead of collecting TTD benefits while they recover from their injury, they have to report somewhere for volunteer work. A common example is they will tell you to show up at some charity thrift store to help sort through donations. You still get paid your wages or TTD, but are not at your normal place of employment.
The question is, can they get away with this? Can a work comp insurance company make you volunteer somewhere while you recover from your injury?
The answer is it depends. Let’s get into it a bit.
First off, if you are taken completely off work by your doctor for a work related injury, they can’t make you do anything. So if you hurt your back and are completely off work because it’s so severe, you can’t be made to do any job. This is one reason we never give permission for the insurance company to talk to your doctor. They will try and get them to agree you can do volunteer work even if it’s not best for your recovery.
When they might be able to get away with it is when you are off work with restrictions. If the volunteer work is within your restrictions AND your regular employer remains your employer (meaning you have a job to return to eventually) then they can ask for you to do this.
The problem we are seeing, a lot, is people are being asked to do volunteer work that can make their physical condition worse. That is when you should push back.
For example, if you have an arm or hand injury and they are asking you to do a job that involves a lot of repetitive work with your arms/hands (e.g. stuffing envelopes), it could risk making your injury worse. If you have a back injury and you are being asked to do a lot of lifting, you could make your injury worse. So before you accept a volunteer position, we need to clarify what it is you will be doing.
If you do show up and are asked to do things beyond your restrictions or can’t work at the pace they want, I typically suggest that you decline to do what is asked of you. In other words, if you have a 20 pound lifting restriction and are asked to move a box, just say no.
While these organizations like having volunteers, not every place wants injured workers coming by. So we have seen examples of insurance companies asking you to drive a ways to get to the volunteer shift. If your normal work commute is 20 minutes and you are being asked to drive an hour each way, I believe most Illinois Workers’ Compensation Commission Arbitrators would say that is not a legit offering.
We also believe that if they are asking you to do something that is substantially different than your normal job, the insurance company might run into hurdles.
So the answer is that every case is different. I would not just roll over and agree to this, if I were you. There is also the matter of your medical appointments, including physical therapy. Any volunteer work should not interfere with that in any way.
If you are being asked to do this type of work and are not sure what to do, we are happy to consult with you for free on it. Call us any time at 312-346-5578. We help everywhere in Illinois.
