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Illinois Workcomp Question

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jt1984

Junior Member
Illinois Law

My name is J I have been working for A national steel company in Granite City for Nearly 1 year. On August 23 of 2011 I feel through a hole at work that was left uncovered due to the negligence of my managers and supervisors. In the following months the company health clinic and its head physician Dr JP have been following of pattern of medical incompetence. The injuries I suffered that day were a tendon injury in my left ankle that required surgical repair and 2 ruptured and/or bulging discs one of which is pinching a nerve. Since my injury I have been subjected to work that has caused further pain all in the attempt by the company to avoid an OSHA day away from work injury. My current job consists of sitting in a bar stool type chair for 8hrs causing intense pain in my back. On January 17 I was finally able to have the surgery on my ankle to fix the injury that occurred on August 23 2011, The Company demanded I be released back to work 5 days after the surgery to avoid more days away from work. The result of which is I was in intense pain in my foot requiring me to consume more pain medicine and a stronger type then i was used to (Percocet). The pain medicine caused me to lost track of 2 whole days January 24 and 25, despite being just 1 week out from a major surgery I was harassed and intimidated by management and Dr P for missing those days and failing to call in, despite having a very limited recollection of those 2 days. I have been on crutches since my surgery and have stated numerous times that the floor/ground conditions in the area in which they have assigned me are dangerous due to uneven areas and slip/trip/fall hazards. On February 2 at 1600hrs on entering my work area my crutch slipped out due to a wet area, I fell and violently struck my head on the concrete floor. This incident was witnessed by 2 other people, yet when sent to the clinic for assessment I was treated as though I injured myself on purpose. My symptoms after the fall were nauseousness, feeling of pressure behind my right eye, slight blurriness to vision, slight dizziness/uneasy on my feet and a small bump above my right ear. Dr Pr assessed me as uninjured but did send me to A Regional Medical Center for a CT Scan. The scan was negative but my symptoms did continue. I was highly encouraged to return back to work that night and finish my shift despite my complaints. I would have been alone and unsupervised for roughly 6 hours in an area where I would have no help should anything happen to me. I did not feel safe with the situation so I opted to go home. On February 3 I contacted my primary care dr who advised me to visit the emergency room because my symptoms where continuing. After being treated at the Anderson Hospital ER in Maryville, IL I was diagnosed with General Head Injury- Concussion by the dr in the er. I was required to return to the work clinic and drop my paperwork off, Dr P attempted to intimidate me to work my shift that night 7 hours unattended with a head injury. He stated his medical opinion was that I was fine to work despite orders from the ER dr not to work that. This company is going to put lives at risk to try avoid OSHA recordable injuries. The company has begun cabbing me into work since 27 Jan, admitting that I am not safe to drive to work but able to left alone for 8 hours despite the risk of something happening to me.
 


ecmst12

Senior Member
Why have you not gotten treatment from your own doctors? And why haven't you hired a lawyer yet?

Other than that, did you have a question?
 

jt1984

Junior Member
Ive seen my own dr's and I do have a lawyer just feel that they arent accomplishing much at the moment. my question is given the circumstances do i have the legal right to request to be off work till im recovered enough to to be safe inside the plant.its an industrial environment and im currently on crutches and in a cast
 

ecmst12

Senior Member
If your doctor says you need to be off, then you need to be off. Your job is protected for up to 12 weeks under FMLA IF you have worked there for at least one year, which maybe you have not. Do NOT expect your lawyer to make things happen fast, that's not what lawyers do. It's not in your best interest for your case to be rushed along.
 

ecmst12

Senior Member
I would ask your lawyer then. If you're not protected under FMLA, then normally they'd be legally allowed to terminate you for missing ANY time from work. Worker's comp may provide you with income while you are unable to work, but I don't think it forces them to have a job for you when you recover.

However, you should put your health first, going into work in your current condition sounds like it is seriously dangerous. You already got yourself a concussion by allowing yourself to be intimidated into coming to work when it was not safe, next time you could break your neck. I think you need to rearrange your priorities.
 

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