Posted On: January 5, 2010 by Steven J. Malman

Nursing Home Worker Says She Was Let Go After Filing Illinois Workers’ Compensation Claim

A nursing home worker says she was fired from her job at Calvin Johnson’s Nursing Home after she filed an Illinois workers’ compensation claim. She is suing Eldercare for over $100,000 plus costs.

Tracy Perkins says the nursing home company fired her after she was injured on the job and sought to avail of her work injury benefits. In her civil lawsuit, she accuses the defendant of acting wrongfully when she was deprived of her rights under the Illinois Workers’ Compensation Act.

As a result of her firing, Perkins contends that she lost benefits and income, and her reputation was damaged. She also says she suffered mental anguish.

Nursing home workers can get hurt on the job. The Bureau of Labor Statistics ranks the nursing and personal care industry high among the industries where workers have a high injury rate. Common injuries include:

• Musculoskeletal injuries
• Back injuries
• Shoulder injuries
• Needlestick-related injuries
• Injuries from patient violence
• Contagious illnesses

Most employers are obligated by law to provide Illinois workers’ compensation to employees. This means that if an employee is injured at work, he or she should receive work injury benefits, including medical benefits and lost income. Employers are not allowed to fire workers for filing an Illinois workers’ compensation claim.

While an assisted living facility may not seem to be as dangerous an environment as a construction site, nursing workers who work with sick or mentally ill patients that may be prone to violence risk getting illness and sustaining injuries when doing their jobs. Unsanitary conditions and hazards at a facility can also cause work injuries and health issues.

Eldercare worker says she was fired after filing work comp claim, The Record, January 5, 2010

Related Web Resources:
Staffing and Worker Injury in Nursing Homes, AJPH Publications

Illinois Workers' Compensation Act (PDF)

Bookmark and Share

Watch Our Videos

Recent Entries