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  1. #1

    Default Given Back Old Job W/Light Duty. Any Way Out

    My question involves workers compensation law for the state of: IL

    I'm asking this for my brother who's hand was severely injured in an accident while working at a restaurant. This happened around a year and a half ago. Slipped and fell on a slippery floor in the dish room while carrying dishes and got a deep cut in his right hand that now renders it unable to do much of anything even after a couple surgeries.

    After all this time while fighting to get and keep Worker's Comp payments, his old employer offered him his old job back doing light duty, which is something the employer has to keep being reminded of since the supervisors there keep assigning him to tasks he has to remind them he can't do. He's getting few hours and about half the money he was getting while on Workers Comp payments. I can see how this would be a great benefit to WC and the employer. The employer gets some work done for half the cost of my brother not working at all and getting WC payments. I also suspect that they keep an eye on what he does because they had their own doctor examine his injury and concluded that my brother was faking his limitations. They could easily have him on video while at work attempting to please the employer by trying to do what they want, and then show the footage to a judge to "prove" his limitations to be fake, and try to end WC payments or any chance of a settlement.

    It seems to me that my brother staying at this job (which he's required to have since it was offered) could only lead to him being denied any settlement, and that the only reason he was offered it is to save themselves money and try to end his WC compensation. Also, by attempting to work with a permanent injury, this job could lead to even further injury. Is there any way for him to stop working there without losing the WC claim?

  2. #2
    Join Date
    Feb 2008
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    1,147

    Default Re: Given Back Old Job W/Light Duty. Any Way Out

    If he stops working when they are offering light duty, it is 99% possible that he will lose any lost wages payments from WC.

    In the end there should be a list of either duties he CAN do or ones that he CANNOT do. He needs to stick to those and not try to "please" anyone.

    But yes, light duty is acceptable...they could make him count tortilla chips one by one if they wanted to.....

    If he further injures himself at work, he needs to immediately report that to his doctor and WC claims adjuster.

  3. #3

    Default Re: Given Back Old Job W/Light Duty. Any Way Out

    Quote Quoting hr for me
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    If he stops working when they are offering light duty, it is 99% possible that he will lose any lost wages payments from WC.

    In the end there should be a list of either duties he CAN do or ones that he CANNOT do. He needs to stick to those and not try to "please" anyone.

    But yes, light duty is acceptable...they could make him count tortilla chips one by one if they wanted to.....

    If he further injures himself at work, he needs to immediately report that to his doctor and WC claims adjuster.
    Well, he has a lawyer that simply tells him to work slow. My brother says that everyone else works slow too, so he just blends right in with everyone else. There doesn't seem to have been a specific list of tasks given as to what he can do so far. They seem to just be playing it by ear and rely on my brother to tell them he can't do something. But I'll suggest a specific list be made. It would seem to go a long ways toward clearing up any confusion. He does already understand that quitting is not an option.

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