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I am currently going through a workmans comp case or suit. I was employed as a CNA for a local HH and Hospice organization. I got hurt 3 different times. Twice I was cleared and went back to work. After the last one I was not able to do my job to the full degree anymore so they fired me. Now, even though I am going through this WC process, is it still possible to sue for discrimination, as I could have done my job to an extent that would not have interferred with anything. My final limitations were no lifting over 25# XXX not be on my feet for an extended amount of time. Working in HH and Hospice, you would have to drive all over the 8 counties that we covered. You'd get to a patient's house take care of them, usually no lifting involved as they were bedridden by then. Then I would sit down and drive to another town another patient. But as i said they fired me instead. Also, the reason I was hurt was due to my manager not allowing me to have the proper equipment needed to work.
State/Country relating to Question: Illinois Already Tried: I have a workman's comp lawyer, but I am asking if it is possible to sue for discrimination when you are going through workman's comp. They do have another employee who came back from a workman's comp injury and is unable to do the job, this is proven, and she still works, but I get fired. Plus my manager refused to allow me to have a gait belt, which is a federal law that you must have. There are witnesses to this refusale from her. My last two injuries happened because I did not have a gait belt
All employment discrimination actions commence with a complaint to the Equal Employment Opportunity Commission (or, the analogous state agency). An employment rights lawyer will usually try to avoid the EEOC's 1 year+ case backlog by obtaining a "right to sue" letter immediately and then proceeding to federal court. Regardless, the complaint must be filed.
A disability discrimination action in Illinois must be filed within 300 days of the alleged discrimination. Otherwise, the action is time barred.
Here is the link for filing a complaint.
Hope this helps.
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So you are saying even though I am going through a WC case, I can still file a discrimination complaint?
Will this mess up my WC case in anyway?
Yes, you can file a discrimination complaint.
The WC case is intended to compensate you for your physicial injuries. A disability discrimination action is intended to compensate you for your being treated dissimilarly from other employees because of your physical injuries.
The two cases are for different purposes, although they each require similar evidence concerning your physical condition.
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