Termination for stealing does not void workers’ compensation, Illinois court states
Illinois workers’ compensation law is designed to help employees who have been injured on the job. According to the U.S. Bureau of Labor Statistics, more than 150,000 people in Illinois are involved in work-related accidents each year. Many of these employees require medical treatment and reimbursement for lost wages while recovering. Even if they are forced to leave their place of employment for reasons unrelated to the injury, Illinois law states that they still have the right to benefits. The recent case of a DuPage County worker terminated for stealing is a particularly vivid illustration of this principle.
The case of Walter Matuszczak
Walter Matuszczak was a night stocker for Wal-Mart who regularly moved boxes weighing up to 100 pounds. In March 2010, multiple boxes of heavy products fell on him while he was stocking shelves, causing injuries to his back, neck and right arm. He sought immediate medical care after his workplace accident and returned to lighter duty on the job after he had partially recovered from his injuries. While he was performing his new duties, he stole cigarettes from Wal-Mart on several occasions. When his theft was discovered in June 2011, he was terminated and could not find employment elsewhere. His workers’ compensation benefits were suspended after he lost his job.
Pursuing the right to ongoing medical coverage
Matuszczak wanted to pursue an ongoing course of treatment and physical therapy, and his doctor had recommended orthopedic surgery for pain management and flexibility. He was in urgent need of medical benefits. After the DuPage County Circuit Court turned down an arbitrator’s decision to provide workers’ compensation, he pursued his case all the way to the Appellate Court of Illinois.
Restoration of benefits
The Appellate Court ruled in October 2014 that Matuszczak should receive all of the following benefits:
Temporary total disability payments for the duration of his disability
Nearly $15,000 in accrued medical expenses
Coverage for the future orthopedic surgery recommended by his doctor
This case set a valuable precedent for workers who face an injury on the job and are later fired or laid off. The court decided that termination unrelated to the injury, even for unlawful activity, could not prevent employees from collecting workers’ compensation benefits.
Are you struggling with workers’ compensation after losing your job? Illinois law can protect your medical and financial well-being. Call a personal injury lawyer today to learn more about your rights.
After completing law school Donald became an assistant Attorney General for 7 years and was assigned to the Industrial Commission Division. During that time he spent evenings establishing his own firm. Donald became a founding partner of a large workers’ compensation/personal injury firm but decided to leave the firm in 1990 to start a smaller “boutique” firm with the belief that bigger isn’t always better!
Related Posts
13 Sep, 2016
Turbulence Causes a Wave of Injuries for Flight AttendantsRecent reports reveal that severe turbulence has been responsible for a wave of injuries involving flight attendants in the past few years. Although numerous passengers have become severely injured as well, flight attendants are at a much higher risk of suffering significant, turbulence-related injuries that result in medical treatment, lost time from work, disability, and even death.
12 Sep, 2016
The Rate of Workplace Injuries Continues to DeclineThe United States Bureau of Labor Statistics recently reported that the rate of employer-reported occupational injuries and illness continued to decline in 2015. According to the report, there were about 2.9 million workplace injuries and illnesses reported by private sector employers -- down approximately 48,000 from 2014. With about three reported cases per 100 workers, the rate was lower than it had been since 2002. Aside from 2012, the pattern of decline has been steady for the past 13 years. According to Assistant Secretary of Labor for OSHA David Michaels, however, the numbers are still too high.
20 Jun, 2016
Workplace Safety: Preventing FallsFalls account for a significant portion of workplace injuries. They occur in office buildings, retail stores, warehouses, in hospitals and on construction sites. No occupation is immune or safe from falls.
Falls cover a diverse range of injuries including slips, trips, and drops from several stories. Most falls are nonfatal and not serious but, especially in construction, they constitute a significant portion of overall worker accidents. As a result, enormous energy, money and time are spent to curb the number of falls American workers experience.
