Once the doctor releases me for light duty, if my employer can’t provide light duty, am I eligible for unemployment?

Also, I have a non-work related injury (no ACL/weak MCL. I have elected to have surgery next month to fix the ACL. I tore my MCL on the job 7 months ago and went to the workers’ comp doctor who elected not to do surgery. I went through 3 months of rehab until the workers’ comp doctor released me. My personal doctor feels as though my MCL still isn’t right and wants to fix it while doing my ACL. When I contacted the workers comp people they told on my own, their doctor had released me and they would not help cover the MCL part of the surgery. Are they right or should they cover part of this surgery?

Asked on November 22, 2015 under Employment Labor Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You need a workers' compensation attorney. Sounds like your medical doctor who released you was working for workers compensation and not for you and left you without recourse. Your lawyer will need to consider appeal options with workers compensation, disability, and suing your doctor.


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