This is one of the official workers' compensation forms for the state of Illinois
Illinois Order to Dismiss for Workers' Compensation
State:
Illinois
Control #:
IL-IC19-WC
Format:
Word;
PDF;
Rich Text
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FAQ
In this case, you may be able to secure a wage differential award. This would award you two-thirds of the difference between your pay at your new job and what you were earning at your job before the accident. Wage differential benefits stop after five years or when you turn 67, whichever happens later.
Workers' compensation insurance doesn't cover unemployment expenses, injuries that occur outside of work or wrongful termination. It doesn't cover injuries resulting from fights at work, alcohol- or drug-related injuries on the job.
If You're Fired, You Won't Lose Your Workers' Comp Claim. Luckily, your workers' compensation claim and the benefits you receive from it won't disappear if you do get fired. You'll still receive the benefits until your doctor tells you that you're ready to get back to work.
The agreement to close out a workers' compensation case is called a stipulated agreement or final stipulation. In the usual situation, you and the insurance carrier agree on a one-time lump sum payment as a final settlement.
An employer absolutely cannot terminate someone because they have filed a workers' compensation claim or are on workers' compensation leave.The laws in Illinois allow employers to terminate someone for just about any reason as long as it does not violate the law. This is considered an at-will work state.
The short answer is, no, your employer cannot fire you merely because of your workers' compensation claim.But your employer must be able to show there were reasons for firing you or laying you off that didn't have to do with your filing a workers' compensation claim.
If You're Fired, You Won't Lose Your Workers' Comp Claim. Luckily, your workers' compensation claim and the benefits you receive from it won't disappear if you do get fired. You'll still receive the benefits until your doctor tells you that you're ready to get back to work.