Posted On: December 11, 2009 by Steven J. Malman

Worker Says He Was Fired After Filing Illinois Workers’ Compensation Claim

A man who says his employer fired him after he filed a claim to receive Illinois workers’ compensation benefits and was placed on restricted duty by his doctor is suing Global Brass and Copper Inc. Troy Pizzo says he was working at Olin Brass on September 12, 2008 when he got hurt.

He then filed an Illinois workers’ compensation claim. Pizzo says that after his doctor said he could only perform on restricted duty, the company fired him. Pizzo’s lawsuit claims the defendant purposely disregarded his welfare and rights and fired him to punish him for seeking to avail of his work injury benefits, which he is entitled to receive under the Illinois Workers’ Compensation Act. He is accusing his former employer of committing these actions even while having full knowledge of Illinois’ workers’ compensation laws.

Pizzo is seeking over $100,000 plus costs.

Illinois Workers’ Compensation Claims
Employers are not allowed to fire workers for filing for Illinois workers’ compensation benefits. Injured workers are entitled to their work injury benefits, which can include medical care, rehabilitation, lost wages, temporary total disability benefits, permanent partial disability benefits, permanent total disability benefits, and, in the event of the worker’s death, the family is entitled to survivors benefits.

In certain instances, an employer’s insurer may seek to settle the case with a lump sum amount. While this guarantees a specific amount to the injured worker, this also usually does not allow for the employee to receive more compensation even if more treatment is required beyond what was initially estimated. However, in some work injury cases, this may be the best option.

Olin Brass worker claims retaliatory discharge, The Record, December 1, 2009

Related Web Resources:
Illinois Workers' Compensation Commission

Your Right to Workers' Comp Benefits FAQ, NOLO

Contact an experienced Chicago workers compensation law firm and ask for your free case evaluation.

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