Question

Under the Illinois Workers' Compensation Act, does my employer have to take me back to work after my doctor releases me from medical care due to a work-related accident?

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Answer

No, your employer does not have to provide you with employment after you are released by your doctor.  However, if your doctor releases you to return to work with permanent restrictions and your employer does not, or is unable to, accommodate the restrictions, you may be entitled to vocational rehabilitation services.  These services could include, but are not limited to, conducting a job search, receiving retraining in another job field, participating in computer classes or participating in an educational program.  During the period that you are participating in vocational rehabilitation, you are entitled to receive weekly maintenance benefits in the same amount as your temporary total disability benefits.

 

(Disclaimer: The above information is not intended to be legal advice.  The answer may change based on certain circumstances, such as, but not limited to:  1) whether the injured worker has applied for any federal or state leave; 2) whether the employee has applied for leave through the employer; or 3) whether there is an employment or union contract in effect.  You should contact an attorney to discuss the specific facts and circumstances of your situation).  

Answered 02/06/2014

Disclaimer: This answer was provided by an attorney selected to Super Lawyers, and is intended to be an educated opinion only. This answer should not be relied upon as legal advice, nor construed as a form of attorney-client relationship.

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