Workers Compensation?

    
    
Workers Compensation? Does anyone know where I can find (besides an attorney) the answer to a question re: workers comp? I live in Illinois %26amp; work for a company that has a policy that reads if you are actively employed on a certain date and have worked so many hours for the year you will earn a bonus. I was hurt on the job before I could work my required hours and was on a medical leave on the deadline date so they say I do not qualify for my bonus. I, of course, disagree, since I would have qualified if I had not been hurt on the job. My companies Human Resource person is of no help.

Thanks for any assistance.

Additional Details

3 days ago

I guess I ohrased my question incorrectly. I didn%26#039;t think workers comp. should pay my bonus, only that I was receiving workers comp for an injury that my doctors diagnosed me with and I was off for the amount of time they deemed necessary - thank you very much, Carol! - It was suggested to me that my employer should still have to pay the bonus as I would have earned it had I not been hurt on the job, just as I received a paycheck for hours I would have worked. Anyway, thanks to all who answered, except for Carol who seems just a tad bitter. - there is a contact number for the board listed there also.

But unfortunately, this seems pretty much an open and shut case. The policy, as you state it, clearly indicates that you need to have worked so many hours before a specific deadline. Regardless of where or how you were injured, you did not complete the number of hours required. As I understand it, an employee who is receiving Workers%26#039; Compensation cannot receive any other pay (salary, Health Leave, Vacation, personal time, etc.). Did you accrue vacation days, personal days or other time while receiving workers%26#039; compensation as you would have if you had worked?

Basically, the company is under no legal obligation to give you the bonus based on what you might have done had you not been injured on the job. You might have been injured elsewhere, you might have had to take sick leave -- a number of things might have happened.. A bonus is a bonus, not an %26#039;entitlement.%26quot;

The only possible loophole I can think of is if you work under a collective bargaining agreement that deals with this issue. If so, contact a shop steward and see if they can be of further assistance.
Asker's Rating:
Thank you for an informative and unbiased answer.

Other Answers (4)

  • You don%26#039;t get the bonus, having a work comp claim and getting your bonus are apples and oranges, 2 entirely different things. Besides, most people who get injured on the job usually did so because of their own negligence and stay off work longer than they really needed to because they were exaggerating their actual disability. I was a work comp adjuster for many many years.

    I am not bitter, just realistic.
  • From an insurance agent. Ask the guy that writes your house/car insurance.

    That bonus is NOT going to be covered under workers comp. WC doesn%26#039;t pay Christmas bonuses, or that bonus some companies pay if you don%26#039;t call in sick for the whole year. agent, 21+ years
  • you do not qualify for the bonus

    It has nothing to do with workers comp
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