Workers Comp. Laws?

Question

We live in Illinois. MY husband broke his elbow at work and was out for 2 days before the doctor, company doctor mind you, cleared him to go back on light duty. His boss isn't letting him back until he is off light duty because she says there is no work for him, even though he could run the cash register, or do his actual job and manage the place, instead of picking up everyone else's slack. He is on salary but since he isn't working at all, they are saying he isn't getting a paycheck until he comes back. Is this legal? He can't collect workers comp. because he can work! I think it is also work mentioning, just for the sake of bitching, that he has worked 65 hours or better every week for the last 5 years, ontop of school, and they have payed him cash most of the time. What can we do in this situation, because we are getting the gut feeling they are trying to make him quit, or find a way to not let him back.

Someone mentioned the department of labor,should we go to the department of labor in the city we live in, or the one he works in? I am sorry if I sound stupid, but we are young ( 20 and 23) and just were not expecting this, especially since these people have been like family to us.

Answer 1

You say " they have paid him cash most of the time??"""Does this mean "under the table?'

Sounds like both of you could be in hot ater. If they didn't withhold the approprite taxes, ----------- well, it could get messy, because WC is based on wages paid by occupation.
While I don't normally suggest "see a lawyer" it might not be a bad idea here.
Find one whose initial consultation is free.

Answer 2

If the Doctor is only releasing him for light duty, and the boss claims there is no light duty work, he can claim workmans comp. Most employers do not want their employees on WC because the money comes from their account and it raises their premiums. Call back to WC and explain the situation.

Answer 3

contact the dept. of labor in your city
they will be able to guide you