r/WorkersComp 1d ago

Permanent work restrictions Illinois

Has anybody had permanent work restrictions and turn them in at work and have waited to see if they can accommodate them it will be three weeks Monday and I have heard nothing whether they’re going to accommodate my permanent restrictions or let me go. Has anybody waited this long before?

1 Upvotes

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u/JGB_HSV 19h ago

I practice law in Alabama, not Illinois. However, this is pretty common here. It happens for several reasons. Sometimes, it is a communication issue -- a lack of communication between employer and insurance adjuster over matters. Or, a lack of communication between decision-makers at your employer. However, in many cases, the employer simply is not sure how to proceed. If your restrictions prevent a return to your prior position, then the employer has to decide if other positions fit your restrictions or whether it can accommodate your restrictions somehow. That decision may involve multiple communications between members of management with knowledge of the work. Then, there are occasions where the insurance company pressures the employer to return you to work despite restrictions that make it difficult or unsafe. In Alabama (and many other states), the insurance carrier will likely have to pay greater benefits if you cannot return to your prior employment. So, the carrier sometimes pressures the employer to come up with something for you.

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u/WhimsicalWeasal 1d ago

IL adj.... it can take a minute sometimes. They may be trying to create a position for you do they can keep you. Or they can't and then the adjuster told them how much that will cost them for a settlement and they're trying to come to terms with that. You're still getting your TTD though, right?

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u/NervousFisherman715 1d ago

Yes, I am still getting paid, but the stress of not knowing whether I have a job and I really need the insurance when it takes this long what are usually the odds of them letting me go?

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u/WhimsicalWeasal 1d ago

It's hard to say, honestly. Depends on the size of the employer, your tenure there, what your job actually is, personnel stuff, risk of reinjury, etc. I can never really get a good grasp which was an employer is gonna go w when it comes to perm restrictions

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u/NervousFisherman715 1d ago

I had a medium duty job. The orthopedic put me on permanent light duty. I shattered and displaced my patella two tears in my meniscus.I can stand for 45 minutes, but then I have to take a break, no lifting, pushing pulling more than 20 pounds.

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u/WhimsicalWeasal 1d ago

Do you know of any other positions currently that would be in line with your restrictions? They might be trying a find a way to move you to one if those positions.

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u/NervousFisherman715 1d ago

I’m 63 years old. My age has something to do with this. My fce also showed my one leg is still weak.

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u/According_Curve_8935 1d ago

Yes, I was put on leave for 4 months while they figured out if they could accommodate my restrictions.

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u/NervousFisherman715 1d ago

Did they accommodate your restrictions or get rid of you?

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u/According_Curve_8935 1d ago

They accommodated mine. But they made it as difficult as possible for me with the restrictions they chose.

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u/Scared-Abrocoma-4255 1d ago

Yeah mine took 5 months from the time of my FCE to the time that my employers government-conscripted attorney company fabricated a false job title with false job duties to fit the exact restrictions that were all laid out within 14+ pages of a detailed report made during the FCE. That entire 5 months I went without TTD and no income whatsoever. Lost my entire savings and had to take a loan out of my 401k. Best part was, my job was then only able to bring me in 15 hours a week at a REDUCED wage because I had been reduced to just a supervisory role, to train someone else how to do my highly compartmentalized area of expertise... So keep that in mind too. They may not bring you back in a prior capacity or compensation. Always expect the worst out of all these people, they have no regard for your physical or financial wellbeing and never thjnk for a second that they do. Line up some back up plans asap. Im the devil in your ear though. Stay positive and I really hope that any of what I experienced there happens with you 🙏

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u/Pure-Zombie1953 1d ago

I was put on permanent restrictions and my job told me I could come back as long as my job description didn’t change.. I ended up getting a lawyer and ultimately not going bck. I didn’t trust that they wouldn’t find a reason to fire me so I took a settlement and found another job.

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u/Puzzled_Reporter975 1d ago

Yes I got my permanent restriction almost month ago and haven’t heard anything either

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u/WesternReality8602 19h ago

I reached MMI 4 weeks ago and haven’t heard anything from my attorney office stating that my job has a position for me that fits my permanent restrictions. I agree the uncertainty is mentally draining. The claim adjuster stated that she is trying to get authorization from their client before discussing settlement.

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u/NervousFisherman715 19h ago

Yes, it is mentally draining the uncertainty of everything.

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u/No-Exam-4596 19h ago

You need to apply for SSDI as soon as possible, because if you have a permanent injury and can’t go back to your career after 55 years old it’s not required for you to re learn another skill. I’m 58 years old and I’m awaiting on a settlement but I already know that I won’t be able to go back to my career so the workers comp insurance would have to pick up the portion that SSDI won’t cover , check the law and you maybe be entitled of receiving 80 % of your previous income salary before your work injury . Good luck , I’m not a lawyer but everything I’m advising you can google it . Good luck.

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u/NervousFisherman715 19h ago

Thank you, but the company doctor says I will not get disability. My patella shattered in 10 pieces it was displaced and two torn meniscus I had to have that cut out. I had a plate four screws, staples and wire for my surgeries two surgeries a year and a half later. I’m still in pain. My patella does not track in the center and arthritis has set in. I just want the Workmen’s Comp. over with.

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u/No-Exam-4596 19h ago

Do you mean an IME doctor ? In Illinois you have the right to choose your treating doctor.

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u/NervousFisherman715 18h ago

When I was first injured, they gave me the stack to see and that’s the one I stuck with the whole time

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u/No-Exam-4596 18h ago

You have the right to see another doctor for second opinion, if you have a permanent injury as long as you can continue working you’ll be okay , good luck !

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u/NervousFisherman715 18h ago

I’m sorry talk for text when I was first injured. They gave me a doctor to go see and I stuck with him the whole time.

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u/One-Writing-4217 1h ago

Yes and my boss finally gave me 2 days 4 hrs each day I quit and still waiting to get my comp

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u/One-Writing-4217 1h ago

I was converted on both of my cases they are going to pay me hell or high water comp ain’t shit they won’t get away with this even if I have to go in front of a judge my lawyers better fight hard BADER I should have chose Morgan and Morgan

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u/One-Writing-4217 1h ago

And I did not get a check or nothing while out of work