When someone is injured at work, they may be entitled to benefits in the form of disability compensation or workers’ compensation. There are times, however, when an injury may compel a person to need to resign from their job. This can be due to the severity of the injury or because they believe that the workplace is too dangerous for them to continue to stay in.
If you have to resign from your job after an injury, there are a few things to keep in mind. First, make sure you have all of your paperwork in order. This includes your resignation letter, medical documents, and anything else that proves your injury. Second, you should understand that you may be able to sue your employer for wrongful termination.
The laws surrounding wrongful termination vary from state to state, but for Schaumburg, you must simply prove that the company knew or should have known about your injury and that their actions led to your resignation. If you are able to prove that the firing was due to the injury, you may be able to receive damages.
The Challenges Faced by Injured Workers in Schaumburg
Injured workers in Schaumburg can face many challenges as they try to recover from their injuries. One such challenge is the possibility of being forced to resign from their job. This often happens when an employer refuses to accommodate an injured worker’s needs, which can include modified hours or a change in duties.
An injured worker may also be denied workers’ compensation benefits, or receive benefits that are not enough to cover their costs. As a result, they may be forced to rely on public assistance programs, which can be difficult to qualify for and challenging to navigate.
Both of these challenges can make it difficult for an injured worker to recover and get back on their feet, thus making them decide that resignation is a better option.
What Are Your Rights if You Have a Workplace Injury?
In the US, workers who are injured on the job are protected by a variety of laws and regulations. They include:
Workers’ Compensation: If you are injured on the job, you may be entitled to workers’ compensation benefits. These benefits can include medical expenses, income replacement, and death benefits.
FMLA: The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid leave per year for qualifying family and medical reasons.
ADA: The Americans with Disabilities Act (ADA) prohibits employers from discriminating against qualified employees or applicants with disabilities. This includes refusing to hire, firing, or otherwise discriminating against you because of your disability. Employers are also required to provide reasonable accommodations for qualified employees and applicants with disabilities.
If you believe that your employer has violated the Workers’ Compensation law, the FMLA, the ADA, or any other federal or state law, you may wish to consult an Illinois wrongful termination lawyer.
What Are Your Rights if You Are Forced To Resign After a Workplace Injury?
If an employee is coerced into resigning after a workplace injury, they have grounds for a wrongful termination lawsuit. However, it is good to understand your rights. We have listed them below:
The Law: Coercion to resign (also referred to as a constructive discharge or forced resignation), is grounds for a wrongful termination lawsuit. “Constructive discharge” is a legal term used in the United States to describe an employee’s resignation that is the result of the employer creating a hostile work environment. A constructive discharge arises when the employer, through its actions or inaction, makes the work environment so intolerable that a reasonable person would feel forced to resign. This “constructive discharge” may sometimes involve threats or intimidation.
Damages: In order to prove wrongful termination, the employee would need to show that their resignation was not voluntary and that the injury was a factor in the resignation. If you can prove that constructive discharge was the reason you resigned, you may be able to receive damages. This can be a difficult claim to prove, but if you are successful, you may be awarded back pay, lost benefits, and damages for emotional distress.
Time Limits: In Illinois, employees that are being discriminated against due to their injuries have a limited amount of time to file a wrongful termination lawsuit. This time limit is known as the statute of limitations. The statute of limitations for wrongful termination in Illinois as a result of discrimination in Illinois is 300 days. This means that employees have less than a year from the date of their termination to file a lawsuit. If they do not file a lawsuit within this time limit, they may lose their right to sue.
How Can You Prove That You Were Forced To Resign After a Work Injury?
If an individual has been forced to resign after a work injury, they may be able to prove this through various means. One way to prove this would be through documentation of the injury itself, as well as any subsequent attempts by the employer to dissuade the employee from filing a workers’ compensation claim. Additionally, if the individual was terminated shortly after the injury occurred, this could also be used as evidence of coercion on the part of the employer.
If you have any witnesses who can attest to the fact that you were forced to resign, their testimony can also be used to support your case.
What Are the Possible Consequences of Being Forced To Resign After a Work Injury?
There are a few possible consequences that may follow after an employee is forced to resign after a work injury. One consequence may be that the employee may lose their eligibility for workers’ compensation benefits. Another consequence may be that the employee will have a difficult time finding a new job, as most employers will not want to hire someone who has recently resigned from their previous job. Additionally, the employee may experience financial difficulties as they are no longer able to get a salary.
What Should You Do if You Have Been Forced To Resign After a Work Injury?
If you are injured at work and feel that you are being (have been) forced to resign, it is important to seek legal help. The laws regarding workplace injuries can be complicated, and it is important to have an experienced attorney on your side. A skilled wrongful termination lawyer in Schaumburg can help protect your rights and ensure that you receive the compensation you deserve.
Call North Suburban Legal Services, LLC at (312) 909-6189 so we may get started on your case.