Every now and then I’ll get a call or e-mail like I did the other day. The caller was hoping I knew of a good labor lawyer. She had broken her ankle on the job, had surgery and could not make a return to work because she had restrictions that the employer could not accommodate. She told me that her boss said that she wouldn’t bring her back because she filed for workers’ comp. That, of course, is incredibly illegal.
I’m certainly no employment law attorney. That said, I do recommend them for our clients. Those can be hard cases and often you have to pay a lawyer by the hour. For work comp we never charge a fee and the cases aren’t as challenging. As a result, sometimes callers think they need a labor lawyer when an Illinois workers’ compensation attorney can solve your problems.
In this case, the caller was upset because she was told that she wouldn’t be receiving additional pay and she didn’t believe that she could find a new job that would hire her given her work restrictions. She wanted to sue for discrimination. That would take years. With work comp, we could get an order right away for maintenance (which is a continuance of her work comp benefits) and vocational rehabilitation (which would make them help her find a job within her restrictions). While it’s possible that she could get additional damages from a discrimination lawsuit, in the short term, work comp is going to solve her problems. The caller had no idea about any of this and was thrilled with her options.
Big picture is that you should keep an open mind, explore all of your options and then make an informed decision. And the good news is that sometimes the answer to your problems are just under your nose.
We are workers’ compensation attorneys who 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.
