hurt on job, then fired

What is the name of your state? Illinois

I was hurt on the job. The doctor kept me off work for a couple of months, while trying to diagnose/fix my pain. During this time, I was fighting the company for workers' compensation. I won that case, stating that I WAS hurt on the job, but then they fired me due to missing too many days. I am now fighting for retalitory discharge (or wrongful firing). I am just wondering how long do they have to stall before HAVING to settle? It's already been almost 2 years!! I HATE this stuff!! I don't see how people do it all of the time!! I wish I would've never had to go through the first case!! So, my question once again, is .... How long does a Company have until they absolutely have to settle on a wrongful firing case?

It is highly doubtful that it is wrongful firing, contrary to what many people believe, they do not have to hold your job indefinitely when you are off due to an injury. FMLA only gives you 12 weeks, then they can let you go, and replace you.

They will still have to pay comp, while you are unable to work, but they do not have to hold your job for you indefinitely.

But I wasn't missing work due to my own illness! I was missing because the JOB I was doing got me hurt!! Otherwise, I would not have missed any work!! So, because WORK hurt me, I have to lose my job?!? That's not right!! Read the Workers Compensation Laws. If an employee gets hurt on the job and misses work and it is PROVEN by a JUDGE that it WAS a work related accident, you CANNOT fire them. If you could, then all employers would be able to injure any employee that they didn't like, or didn't want working for them anymore, and then fire them!! There would be no more problems of employers having to "worry" about WHY they're firing an employee, because they'd just have to knock 'em down a flight of stairs or something and then fire them for missing work!! Now you know that's not legal!!! Think about it!! ANYWAYS....my question was how long do they have until they HAVE to settle...wether it be a good or bad outcome.

Settle what? Are you in litigation with the company?

Zippy already gave you an answer which is correct.

In this case, you would have to prove that they fired you because of the comp claim. However, either way, they are not required to hold your job indefinitely.

As to how long they have to settle, I have no idea. Speak with an attorney, they will best be able to advise you on that.

Maybe somoene else on the boards will also have some more information or advice for you.