Our office remains open and ready to serve existing and new clients. We are committed to giving professional client representation in these stressful times. Please contact our office by phone or by email with any questions or concerns you may have, and an attorney will contact you promptly.

Contact Us Today For Help!

Benefits reinstated for injured employee

On behalf of of Frederick & Hagle posted in Workplace Injuries on Wednesday, August 20, 2014.

After being injured in 2008, a former Nissan employee was awarded workers’ compensation benefits. However, when his employer appealed that decision, it was partially reversed, and the injured employee had his benefits significantly reduced. Recently, a ruling from the man’s state Supreme Court ruled that the employee was indeed entitled to the original benefits that he was awarded. In instances when an Illinois employee who has been injured on the job believes that they were wrongly denied their benefits, it is possible to appeal the decision.

While at work, the former employee was working at an assembly line for Nissan vehicles when he was injured in both shoulders. Despite multiple subsequent surgeries, he still suffered from excessive pain, both physical and emotional. In Aug. 2008, he was offered an employment buyout for voluntarily resigning. In return he was given his salary and health insurance for an extended year.

Later on, he pursued a claim for benefits from workers’ compensation, and he ultimately received various disability benefits, including 90 percent permanent partial disability. Awards also included discretionary costs and his attorney’s fees. Nissan did not feel as though this ruling was fair since the man had accepted the buyout. Upon the company’s appeal, his permanent partial disability was reduced to 37.5 percent. This was based on the notion that voluntarily leaving a position before medical treatment is concluded can be seen as acting unreasonably, which may affect benefits.

However, the Tennessee Supreme Court determined that accepting the buyout was not acting improperly. Since his injuries were not improving despite continued treatment, he felt that it was not possible to return to his former employment. The Court found that this decision was based solely on the injuries that he had suffered while at work, so his full breadth of benefits should be reinstated. Although not being able to return to work or experiencing a diminished earning power after a workplace accident may seem hopeless, it is possible for an injured employee in Illinois to pursue workers’ compensation benefits; and in some instances it may even be necessary to appeal what they believe to be an unfair ruling in regards to their benefits.

Source: chattanoogan.com, “Supreme Court Reinstates Benefits For Injured Employee“, , Aug. 11, 2014

Source: chattanoogan.com, “Supreme Court Reinstates Benefits For Injured Employee“, , Aug. 11, 2014

Leave a Reply

Your email address will not be published. Required fields are marked *