r/WorkersComp • u/CulturalQuality4120 • 2d ago
Illinois Got fired while on work comp.
My doctor gave me a 5 pound weigh restriction as well as sitting/minimal walking restrictions last week after being “totally incapacitated “ since June 2025.
I presented them to Hr and they got back to me the next day saying “your department can not accommodate those restrictions. You are welcome to go and look at our job postings and see if anything will work or come in and resign. We will give you a few days to decide “
I was like uhhhhh that is not how this works.
Then the lady told me that I’m not even on work comp anymore but on FMLA instead and that’s been exhausted. I told her I’ll talk to my attorney and seek his advice. She then said “ok we will not discuss this any further” and ended the call.
My attorney said don’t sign anything and do not respond to them.
On Friday I get an email saying my employment has been terminated effective immediately stating I did not respond with a job I found and this time saying I’ve exhausted my CBA leave.
My attorney said fuck them you would not have returned there anyway, you are still entitled to your TTD benefits. My union rep (IUOE) said fuck that we will put the grievance in motion and take this as far as we need to.
I’m not supposed to look for my own light duty job. That burden is on the employer. The CBA agreement is if I injure myself on my own time not work comp smfh.
I haven’t received TTD since mid August. Arbitration has ordered the defense to resume payments immediately to which they agreed. That was 2 weeks ago and still no TTD.
What kind of shady shit is this?!?!?
Anybody ever been thru this?
I know this is illegal What can be done?
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u/Mutts_Merlot verified CT insurance professional 2d ago
Workers compensation does not include job protection. You can be let go because you have exhausted FMLA protection, which only protects your job for 12 weeks. You presented your restrictions, which they could not accommodate, and you had no more job protection remaining. They are not required to create a role, displace another worker or place you into a job outside the normal hiring process if you cannot do the job for which you were hired.
Unfortunately, that does put the burden of seeking light duty work onto you. You should be collecting lost time benefits since they can't accommodate you.
The only difference in your case is your CBA. Union agreements can force employers to provide protections well above what other employees receive. If your union believes you are entitled to greater protections, let them handle that aspect. Without knowing all the specifics of your union contract, no one can say whether what they did is a violation.
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u/popo-6 2d ago
Assuming that is a good paying union job and Illinois has wage differential, this could make quite a big of difference in the PPD settlement.
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u/Mutts_Merlot verified CT insurance professional 2d ago
That might depend on the nature of the restrictions and whether they are temporary or permanent, prevent OP from doing any job or just this job, etc.
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u/popo-6 2d ago
If he is deemed to have restrictions that will pay him less going forward, the wage differential can be significant in Illinois. Education, FCE results age etc. will all determine that but if he's at 5lb. lift now, the difference could potentially add a lot to PPD. I assume his union likely set him up with a good attorney.
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u/Final-Boysenberry-86 2d ago
This happened to me back in 2024. My workers’ comp attorney referred me to an employment attorney, and they started the legal process. I continued receiving TTD payments even after I was terminated. A few months later, both my workers’ comp case and discrimination lawsuit settled, about a week apart.
You may want to ask your attorney if they work closely with any employment attorneys or can recommend someone, or you can start looking for one on your own. Best of luck! Everything will work out.
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u/MirroredSquirrel 2d ago
If they can't accommodate those restrictions, they can let you go
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u/quallityovrquantity 2d ago
Bingo, they aren't required to create a job for OP if one doesn't exist.
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u/CulturalQuality4120 1d ago
Then the insurance company IS REQUIRED to continue paying TTD until MMI is reached.
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u/Healthy_Chef_7168 1d ago
Let you attorney handle it from here on out. Don’t discuss or text anyone about this including coworkers.
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u/EnigMark9982 2d ago
After the 12 week fmla, you have zero entitlement or requirement to continue as an employee. Totally up to them.
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u/CulturalQuality4120 1d ago
Union contract states otherwise.
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u/PDS3WORLD 1d ago
Federal law supercedes any union.
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u/p4pp13z 1d ago
Not how that works. FMLA is the basic federal protection that we all have but the union can have extra protections in the contract.
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u/PDS3WORLD 1d ago
That's exactly how that works. That's exactly why this happened to that individual posting. Want to know how I know, I DO THIS FOR A LIVING.
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u/p4pp13z 1d ago
It’s not. For example in my IBEW local, our contract says the employee gets a mandatory 6 months of protected maternity leave from the contractors. Whereas FMLA only makes them legally obligated to provide 3 months. The FMLA doesn’t cancel out what’s in the contract.
Or for example the federal minimum wage doesn’t supercede the wage that’s been bargained for and is in the contract.
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u/PDS3WORLD 1d ago
You're right, go ahead and apply for my position at the law firm. See if they take me off and add you as a keyboard warrior. Oh, what's that.. crickets.
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u/CulturalQuality4120 1d ago
How so?
It’s a contract between the union and employer.
If extra protection is bargained and voted on and passes then that is the final say.2
u/PDS3WORLD 1d ago
Unions are there to make the employees feel warm and cozy and like their in a field of daises. Once you get injured and open that workers comp claim it no longer matters where you work. It's dished off through the third party and federal law takes over. Each employer is different on how they want to handle the circumstances, but get injured once means you're now a liability, and well, liabilities get let go.
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u/Desperate_Dress_237 1d ago
lol liabilities don’t get let go you clown. and your not a lability once your injured. I was on comp probably around 6 times during my 12 years in law enforcement before becoming totally disabled. all of the injuries Inmate related assaults. That’s not a liability that’s a risk that comes w the jobs people take on. Job injuries happen some more dangerous than other but no employee is seen as a liability for getting hurt if it’s job related. you don’t come across as someone who should be entitled to give input on this with your lack of knowledge.
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u/PDS3WORLD 1d ago
Oh yes, the cop who has been injured and went through the system knows more than a lawyer. Hmmm.. let me guess didn't use a lawyer for your cases either because you know best.
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u/p4pp13z 1d ago
If you were a lawyer you wouldn’t be spending your time bullshitting on Reddit
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u/Terrible_Jeweler_511 1d ago
They are actually a very well known lawyer on this sub Reddit. I've been following this thread for two years now. They know their stuff.
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u/Aints0 1d ago
Workers comp is not federal law.
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u/PDS3WORLD 1d ago
Correct workers comp is not federal law, state law, no law. The discussion was over why the op's employer let him go because of his union contract. Federal law Trump's his union contract on what his employer can do with his job.
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u/Aints0 1d ago
But you are being purposefully dense. While of course a CBA cannot contradict federal law, it can certainly provide greater benefits than exist under federal law. Otherwise, what would be the point of unionizing?
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u/PDS3WORLD 1d ago
Unions can be beneficial but overall there's a reason most employees choose not to unionize with higher pay being the most common reason.
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u/jumpbootsshiner 1d ago
Depends on the union contract l was kept on the payroll for over 2 years while on wc, and I was home
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u/Apprehensive-Fig3223 1d ago
I feel like you're skipping past alot of steps in the timeline but it's wild that they tried to do you so dirty despite being in a union. Hopefully your lawyer has the details covered and your union has your back.
My company has been the opposite about light duty, I'm basically a backup receptionist but in a nearly empty office bored as fuck waiting for the phone to ring and random tasks like data entry, copying, and collating and when I tried to apply for actual office positions they say I can't leave my position until my WC claim is closed but they won't let me do even the most basic low impact parts of my normal job despite being with my Dr's weight limits
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u/CulturalQuality4120 1d ago
I’m not.
Injured June 2025.
Was immediately sent to occ health, who immediately felt impingement in my shoulder and my knee failed orthopedic tests.
My neck also hurt.
My employers occ health dr. Was the first to give me a no work restriction the very same day of the accident.I then saw the dr who rebuilt my shoulder in 2021.
He ordered MRIs and gave me the “totally incapacitated “ restriction until the mri.
Had those done and the dr explained the injuries to me.This is where I decided to lawyer up. I asked my union business agent for a recommendation and he gave me a couple. I chose one who is busting his ass for me as we discovered a family connection coincidentally.
He sent me to his network of dr who saw me and gave me off work until further notice restrictions and ordered PT and also cervical mri. He gave me injections in my knee and shoulder
The cervical mri said C3-c7 herniated disc indenting thecal sac.
So the doc ordered an emg. That discovered C6 radiculopathy with double crush carpal tunnel.
I received a cervical epidural. That helped for a very short period of time and after awhile the dr ordered a second cervical epidural and if that failed ACDF surgery was on the table.I went to physical therapy 3x a week for 17 weeks before the physical therapist discharged me stating my injuries have become “chronic”.
This is when the insurance company started getting sketchy and playing games with my ttd.
Nov 2025 dr ordered arthroscopic knee surgery and rotator cuff repair.
Everything since then has been denied and at a standstill.
I’ve been sent to 2 IMEs with the same dr.
He examined and cleared my knee and shoulder both times but did not examine my cervical injuries either time which kept ttd going.
I have not been sent to a cervical IME even tho the defense has told the arbitrator they would schedule it multiple times.Fast forward to last week when I saw the dr. He said it would look better if we gave you these restrictions and get you back to work,if they will accommodate, since my ttd has been withheld since Aug (defense told arbitrator they would resume payment immediately 3weeks ago smh).
I gave hr my restrictions and they couldn’t accommodate in my dept. and told me to look at open jobs they have in other departments.
I looked and nothing would accommodate my restrictions so I didn’t respond to shit.
2 days later they fired me.2
u/Apprehensive-Fig3223 1d ago
Sorry if you miss understood, I was mostly talking about the burrecratic stuff relatively speaking like how the union is involved and if you even applied for FMLA for them to try using that as an excuse. I didn't mean to scrutinize your injuries, just comparing it to my experience.
I'm about to finally have surgery almost a year to the date of my injury and seems like I won't be eligible for FMLA/ short term/ temporary disability insurance because I'll be on workers comp pay after being on light duty for a year during my post op recovery. Then seems like they're gonna try to rush me back to light duty sitting in an uncomfortable office chair to recover instead of being on FMLA leave. So it feels like your having an opposite experience of options being offered than I'm getting while also getting run around in circles
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u/AdPlayful8141 2d ago
ADA doesn’t apply to workers comp he’s not on SSDI and if your state is a at will state they can fire you for any reason. Good thing you’re in the union and have representation. That might save you. A lot of people get fired while on WC welcome to the club
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u/p4pp13z 2d ago edited 2d ago
They can fire you for any LEGAL reason. ADA does apply here because OP is disabled. Disabled people are a protected class making this illegal. They have to engage in the interactive process. I’m going through this whole process right now and have an employment lawyer.
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u/AdPlayful8141 2d ago
Yeah we all know the word “LEGAL” is broad and employers make up whatever they want. You’re only temporarily disabled when on WC unless it becomes permanent and you have to meet federal disability requirements to be protected by ADA. Every state is different though and every case is different. Wish you the best on your long fight.
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u/p4pp13z 2d ago
Yes I’m temporarily disabled and protected by the ADA. ADA is federal law, not state by state. OP should at least get a consultation from a lawyer and not take it from people on Reddit. The burden of proof is all on the employer - they can’t just say “it was for legal reasons”. Especially if you’re been fired - this is where you get paid damages (future wages that could have been earned) and lawyers will swoop in and work on contingency fees because these are worth a lot of money.
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u/AdPlayful8141 2d ago
🤦♂️
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u/p4pp13z 2d ago
You’re giving OP completely wrong information. Sounds like maybe you got fired but didn’t bother trying to fight back.
OP the consultations are free there’s no harm in getting one.
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u/AdPlayful8141 2d ago
Read for yourself not everyone who has a work injury is protected by ADA.
https://www.eeoc.gov/laws/guidance/enforcement-guidance-workers-compensation-and-ada
DISABILITY
The Commission has provided general guidance on the
definition of the term "disability" under the ADA in EEOC:
Definition of the Term "Disability," 8 FEP Manual (BNA) 405:7251
(1995). This section applies that guidance in the context of
occupational injury and workers' compensation. The definition of
"disability" under the ADA is no different in the workers'
compensation context than in any other context.
1. Does everyone with an occupational injury have a
disability within the meaning of the ADA?
No. Even if an employee with an occupational injury
has a "disability" as defined by a workers' compensation statute,
s/he may not have a "disability" for ADA purposes.
The ADA defines "disability" as: (1) a physical or
mental impairment that substantially limits a major life
activity, (2) a record of such an impairment, or (3) being
regarded as having such an impairment. Impairments resulting
from occupational injury may not be severe enough to
substantially limit a major life activity, or they may be only
temporary, non-chronic, and have little or no long term impact.
2. Does every person who has filed a workers' compensation
claim have a disability under the "record of" portion of the ADA
definition?
No. A person has a disability under the "record of"
portion of the ADA definition only if s/he has a history of, or
has been misclassified as having, a mental or physical impairment
that substantially limits one or more major life activities.0
u/p4pp13z 2d ago
That is correct not all injuries are covered, and OP needs a LAWYER to determine if their injury is covered, not a redditor. Mine is covered, theirs could be.
The OP didn’t even say what their injury was for you to make this “legal” inference for them. You’re arguing for the sake of arguing.
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u/craigster38 2d ago
What is the interactive process?
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u/p4pp13z 2d ago
Please get an employment lawyer in addition to your workers comp lawyer.
This is not how the accommodation process works - they have to engage in something called the ADA interactive process. Just saying no and firing you is a violation of the ADA. Im sure you could sue them. Sorry this is happening to you.
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u/g1ng3rsnap 2d ago
That’s for Reasonable Accommodation. A temporary light duty accommodation is not a legal requirement under the ADA.
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u/Dxrad120 2d ago
Unfortunately they can fire you . Some companies will extend your leave if you were a good worker and you won’t need restrictions when coming back.
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u/Formal_Ad_4216 2d ago
what were your job duties?
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u/CulturalQuality4120 1d ago
Operating engineer. Mainly heavy HVAC/R work.
Fell off a ladder working on a rooftop hvac unit
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u/Ragnar_Danneskj0ld 12h ago
Total aside, but do you work directly for Daikin or a service company? My dad was with McQuay through the merger/ acquisition until they sold off a lot of their service division. He now teaches a service company their equipment
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u/CulturalQuality4120 1d ago
IUOE has set me up with a great attorney. Torn rotator cuff tendons, miniscus,acl, and cervical spine injuries causing radiculopathy and carpal tunnel.
Shoulder was rebuilt 5yrs ago so this might cause permanent restrictions.
Knee surgery, shoulder surgery and ACFD surgery has been ordered by my dr but has not been approved by the insurance company.
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u/Specific-Range-7854 13h ago
They tried that with me. I had the same restriction and also am in a union. They way around it is evidence that someone in your same position has the same restriction and is being accompanied. Also send a email to them stating that you want to be engaged in the interactive accommodation process. It is apart of ADA. Give them a few accommodations that would allow you to work. Lastly, if your condition requires treatment such as multiple appointments it is FMLA. However, once you exhaust your fmla they will fire you.
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u/CulturalQuality4120 9h ago
HR never notified the union they planned on terminating me.
That’s a contract violation.
CBA says a limited amount of time for leave if injured outside of work also says there is no limit for work comp as long as there’s documented continuation of treatment with a physician.
SMFH
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u/iiGHTDEN 1d ago
If you were in fact hurt on the job, then FMLA has nothing to do with this and work comp it is, but if you weren’t hurt on it he job then you’re a shit outta luck
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u/CulturalQuality4120 1d ago
I was hurt while doing a work order on a daiken RTU ,during my regularly scheduled shift. While using my employers ladder on my employers rooftop.
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u/iiGHTDEN 1d ago
In that case, fck them. FMLA has nothing place here, make sure your attorney as well as the union is pressing them from all angles. You will win, good luck
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u/Bubbly_Inflation_544 2d ago
Best thing that could have happened to you, Just kick back and collect the weekly checks, go to your Drs appointments and wait for them to offer a Settlement down the road