Ask the Attorney - “Fired After On-The-Job Injury”
Our Illinois Workers Comp Lawyer Answers More Questions About Work-Related Injuries
Question: ” I am currently receiving workmans comp. My attorney advised me to check into filing a retalitory discharge. I am having a very difficult time finding a lawyer for this type of case. I really don’t know where to look. I don’t have money to put down as a retainer, due to the lack of finances related to losing my job. I hurt my back at work 6/05 and was placed on light duty w/o X-Rays or anything.
I called off for 1 wk and was terminated because of the call-offs. I am still receiving TX and possibly may need surgery. I have been told I will not ever be able to work as a nurse on the floor again. What do I do? Where do I go? Who should I seek out? Can you help?”
Chicago Personal Injury Attorney: “A retaliatory discharge claim is rarely filed because they are difficult to prove under the current law and it’s difficult for the attorney to be paid for his time. On the other hand, they can be worthwhile cases if the facts are right.
If you can demonstrate the following 1) a good work history; 2) they fired you because you filed a wc claim; 3) you could have returned to your job, then you could have a viable claim. Your Illinois workers comp lawyer is in the best position to file such a claim and if you have a claim you should pressure him to do so. Isn’t that why he is representing you? If you have a viable claim, he should file it.”
Do you have questions about your workers comp case in Illinois? Personal injury lawyers can help. Contact a Chicago personal injury attorney who specializes in workers comp cases today.
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