If Iwas fired dueto a work-related injury, can Isue ifI was firedbecause ofit?

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If Iwas fired dueto a work-related injury, can Isue ifI was firedbecause ofit?

I used to work as a general labor/machine operator in a sheet metal fabrications factory. Occasionally slow days would occur and they would send me outside (a place that I was never meant to work) to do landscaping. I was sent to trim overgrown hedges along a fence line where poison ivy was. Not knowing about the poison ivy, I trimmed the hedges and broke out. I was given 3 days to recover from the incident but was not able to. In fear of losing my job by asking for more days to recover, I was issued an involuntary resignation for not showing up for 3 days. Can I sue?

Asked on October 26, 2011 under Employment Labor Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Usually work related injuries are things that are covered by short term disability, long term disability and workers compensation. You can most certainly sue. You were forced or feared you would lose your job to conduct a job for which you were unqualified. You did it but had developed hves from poison ivy. Three days for such an injury is not sufficient at times and the employer was absolutely in the wrong by illegally firing you. It essentially fired you in retaliation. Immediately contact your unemploment board, file for unemployment insurance, and then get a laweyer and sue your employer. Your lawyer may need to get the state labor department involved, but take it one day at a time. If the facts are as you say, you were unlawfully fired and the employer will have to pay for that mistake or purposeful act.


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