Released from job

[Racersedge]

What is the name of your state?IL
employed by company in Ohio. work out my home in Illinois.

I have been on workmans comp for 4 mo. and the doc has told me that I am going to have to have surgery on my shoulder in order to correct the problems.
I have be going to therapy and workmans comp has been paying me and my bills.
My problem is the company says at the end of 6 mo they will put me on long term disablity even if I can come back to work a couple of months after that time. I will loose all my insurance, retirement and employment.

THe injury happened on the job.

Can I be let go in this way

Thanks

 

[cbg]

Even for a work related injury, an employer is not required to hold an employee's job open indefinitely. There comes a time when the employer is allowed to cut the employee loose and hire someone who is able to be at work. It does not in any way release the employer from their obligation to the employee under workers compensation laws, but they don't have to hold your job forever. In most cases the maximum an employer is required to hold your job open is 12 weeks. I have been unable to find anything to suggest that Illinois workers compensation law requires that it be held longer.

That being the case, yes, your employer is legally allowed to let you go. You WILL be eligible for COBRA. You will not lose anything in the retirement plan that is vested.

In some states (I don't know if IL is one of them) once you are released to return to work after a workers comp injury they are required to rehire you when they have a legitimate opening for which you are qualified. They do not have to create a new position for you, fire someone in order to hire you, or put you into a job for which you are not qualified, but when they have a job that you can do they need to give you first refusal. You will have to check with the IL Workers Comp Commission to determine if your state has such a law.