Brian J. McManus & Associates, LTD

Brian J. McManus & Associates, LTD

Small law firm in downtown Chicago

(312) 346-8210

Demanding Justice and
Protecting Your Rights

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  • Practice Areas
    • Construction Negligence
    • Dog Bites
    • Medical Malpractice
    • Motor Vehicle Accidents
    • Personal Injury
    • Premises Liability
    • Product Liability
    • Workers’ Compensation
    • Wrongful Death
  • Attorneys
    • Brian McManus, Jr.
    • Michael N. Folga
    • Marina Naseem
    • Brian J. McManus, Sr.
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Does my employer have to keep my job open while I’m out on temporary disability?

August 16, 2021 McManus

No, they do not in Illinois unless your job is protected by a collective bargaining agreement or some other contractual provision. While your employer does not have an obligation to keep your job for you if you are disabled on account of a workplace injury they still have an obligation to pay you your workers’ compensation benefits when you’re off work.

Your employer cannot fire you strictly for filing for workers’ compensation, but if they need your position filled and you’re unable to work, they can lay you off and fill that position. It does not, however, absolve them from having to pay your workers’ compensation benefits while you’re unable to work.

If you find yourself in a situation where you’ve been injured at work and are unable to return to your regular duties, you should speak with an experienced workers’ compensation attorney about your right and options.

 

Personal Injury, workers' compensation

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Brian J. McManus & Associates, LTD.
134 North LaSalle St., Suite 1340
Chicago, IL 60602

Barrington Office
220 South Cook Street, Suite 205
Barrington, IL 60010

(312) 346-8210 phone
(877) 346-8211 toll-free
(312) 346-8565 fax

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Recent Posts

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  • Evidence and Discovery in Premises Liability Cases
  • Premises Liability: Statute of Limitations, Responsible Parties and Strategy

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