One of the most common calls we receive from potential clients is whether they will remain eligible for workers’ compensation benefits in Illinois even after their employment is terminated. The answer is yes! Although a separation of employment can have an impact on workers’ compensation benefits in Illinois, a termination should not negatively impact the vast majority of benefits which you are otherwise eligible for under the Workers’ Compensation Act. Keep reading to learn more from Eames Law Group, who are frequently recognized as among the best work comp lawyers in Chicago, and the best workers compensation attorneys in Illinois.
Illinois law treats employment termination and workers’ compensation entitlement as completely separate legal issues. Based on Illinois Supreme Court precedent and statutory interpretation, an employee’s termination does not automatically disqualify them from receiving workers’ compensation benefits. The Illinois Supreme Court has recognized that when an employee who is entitled to benefits under the Workers’ Compensation Act is terminated for conduct unrelated to his injury, the employer’s temporary total disability obligation continues until the employee’s medical condition has stabilized, even in cases of for-cause dismissal. Whether an employee has been discharged for a valid cause, or whether the discharge violates some public policy, are matters foreign to workers’ compensation cases. An injured employee’s entitlement to temporary total disability benefits is a completely separate issue and may not be conditioned on the propriety of the discharge.
The Illinois Supreme Court has found that no reasonable construction of the Workers’ Compensation Act supports a finding that temporary total disability benefits may be denied to an employee who remains injured, yet has been discharged by his employer for volitional conduct unrelated to his injury. The Act contains no provision for the denial, suspension, or termination of temporary total disability benefits as a result of an employee’s discharge by his employer. Nor does the Act condition temporary total disability benefits on whether there has been cause for the employee’s dismissal.
When an injured employee has been discharged by his employer, the determinative inquiry for deciding entitlement to temporary total disability benefits remains whether the claimant’s condition has stabilized. If the injured employee is able to show that he continues to be temporarily totally disabled as a result of his work-related injury, the employee is entitled to temporary total disability benefits. To establish entitlement to temporary total disability benefits, an injured employee must prove not only that he did not work, but also that he was unable to work. The focus remains on the employee’s medical condition and work capacity, not on the circumstances of the employment termination.
At Eames Law Group, we practice exclusively in injury law and injury claims for plaintiffs and injured workers. We handle both personal injury cases for car accidents, as well as workers’ compensation claims. Eames Law Group, Ltd. never stops fighting for our clients, and we have frequently been recognized as a top Workers’ Compensation Attorney in Illinois. If an insurance company has denied your work comp claim or refused to pay work comp benefits, you owe it to yourself to contact a top Workers’ Compensation Attorney in Illinois to discuss your rights. Our firm has been elected to state leadership positions in the area of work comp law, and frequently lectures to other attorneys regarding law, and trial strategies in Illinois work comp cases. If you have been injured, you should immediately contact Brent Eames for a free consultation to discuss your options.
The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Eames Law Group, Ltd.
