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Here is a sadly very typical Illinois workers’ compensation experience. I am using an example of a recent caller, but this could be 100 different scenarios that all end the same way.
A woman was working at a factory in the Chicago area and fell on a wet floor. She hit her head on the way down which caused a huge gash. This was on a Friday. She went to the ER, got stitches and was told to take a few days off work and follow up with any problems.
She was hoping to go back to work that Monday, but she woke up with terrible head pain, had trouble walking and was vomiting. That is a sure sign of a concussion. She called in to work and told them what was wrong. Her boss got on the line and said that she better show up the next day. Total prick.
Her family took her back to the ER and she got to see a neurologist. He diagnosed a concussion and was admitting her for tests. He authorized her off work for the next two weeks. He also told her son that he wouldn’t be surprised if she needed a month or two to recover.
The worker is freaking out because her boss has insisted that she return despite how poorly she is doing. They wanted to know what to do.
The honest answer is that they have done everything correctly. The only thing left to do is not be intimidated by the bully boss. You provide the off work slip from the doctor and get follow up medical care. I know that can be difficult for some people, but that is what the law is.
What should happen next is that they should pay her until she is cleared and she should focus on her health. A concussion is a brain injury. This is serious business. Some jerk boss should not put her long term health at risk.
We see this happening with all sorts of scenarios. Employers who do not care about you or your health try to get you to ignore the law and what is best for you. You do not have to do this. And you should not be pressured in any way to return to work before you and your doctor feel that you are ready to do so.
Sadly we have seen too many injured workers cave and make their physical injuries much worse. In one case an injured worker went from having back pain to blowing out his back and needed a lumbar fusion surgery. That kept him off work for close to a year longer and will greatly affect him the rest of his life.
I know it can be hard when you are living paycheck to paycheck or you can not risk losing your job. We can almost always protect you. If you would like a free, confidential and no commitment consultation, please call us any time at 312-346-5320. We cover all of Illinois.
