QUESTION

Can my husband’s boss fire him if he dropped an air compressor on his foot and broke it while working as a garbage man?

Asked on Oct 30th, 2014 on Labor and Employment - Illinois
More details to this question:
My husband is a garbage man. While on his route, he dropped an air compressor on his foot and broke it. Doc says he'll be off for 2 months of work. His boss wants to fire him for this. Is this legal?
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2 ANSWERS

Personal Injury Law Attorney serving Naperville, IL at Law Office of Barry R. Rabovsky
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Do you know if your husband was in a union for his job? The union contract may give your husband additional rights that may apply in this situation. Your husband would have rights under the Workers' Compensation Act to recover for his injuries and loss of income.
Answered on Oct 30th, 2014 at 11:44 AM

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General Practice Attorney serving Belvidere, IL at Law Offices of Henry Repay
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First, your husband should have workers' compensation representation as promptly as possible. If the employer fires him in retaliation for pursuing the claim, that is wrongful. That said, there may be a basis to fire him if there is a cause. For example, if company policy dictated that he should not have picked up the compressor, then there may be a basis for the firing that is not strictly retaliatory. All this would be best discussed in conjunction with the representation in the workers' compensation claim.
Answered on Oct 30th, 2014 at 11:44 AM

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