These forms contain a sample motion requesting permission to hire counsel, an order granting the motion, and a complaint alleging failure to pay Workmen's Compensation benefits and wrongful termination.
Illinois Motion, Order and Complaint - Worker's Compensation - Wrongful Termination
State:
Multi-State
Control #:
US-PI-0251
Format:
Word;
Rich Text
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How to fill out Motion, Order And Complaint - Worker's Compensation - Wrongful Termination?
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FAQ
(d) To obtain compensation under this Act, an employee bears the burden of showing, by a preponderance of the evidence, that he or she has sustained accidental injuries arising out of and in the course of the employment.
Section 5(b) of the Illinois Workers' Compensation Act, 820 ILCS 305/5(b), recognizes that injury or death compensable under the Act may occur in circumstances "creating a legal liability for damages on the part of some person other than" the employer.
Generally, you would need to file a complaint first with either the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights. If you have an employment contract or agreement, even if it is only an implied agreement, then your employer must stick to the agreed path for termination.
A wrongful termination requires that you be fired for an illegal reason. Illegal reasons could include violation of antidiscrimination laws, violation of whistleblower laws, or breach of contract for example.
In the event that you settle, the amount you acquire is normally based on these factors: lost benefits, reason of discharge, lost earnings, medical expenses, emotional distress and job search costs. The average wrongful termination settlement in Illinois is between $4,000 ? $80,000.
You can file a wrongful termination lawsuit on the ground that your employer fired you because the employer made a decision that was motivated because of your race, sex, sexual orientation, age, or even because you are pregnant. Violation of agreement.
For more information or to file a complaint about an employer's practices, please call the Workplace Rights Hotline at 1-844-740-5076 or use the complaint form.
Put simply ? yes. You can be fired while on workers comp. However, you cannot be fired because you filed a workers' comp claim in Illinois. This crosses the line into retaliation and possibly even discrimination.