December 2014
By: Anthony J. Caruso, Jr., Esq.
A recent federal court decision prohibits Illinois
employers from requiring work
related injured employees to give advance
notice of medical treatment.
The U.S. District Court, Northern District of Illinois, in Stevenson
v FedEx, Ground Package Systems, Inc., (decided on September 24, 2014) found
the employer unlawfully terminated an employee in retaliation for asserting his
rights under the Illinois Workers’ Compensation Act.
Under the Illinois Workers’ Compensation Act, an employee
with a work related injury can choose his/her own medical provider. Here in
this case, FedEx had a company policy that had an advance notification requirement on employees who seek medical
treatment following a workplace injury. This employee was terminated by FedEx for
failing to give advance notice to FedEx.
The Court concluded that the Illinois Workers’ Compensation
Act does NOT allow employers to impose such a requirement.
Note that Illinois employers can continue to require
employees to report work-related injuries.
If you have questions or concerns about employment policies
or any other questions related to workers’ compensation or employment law,
please call attorney Anthony J. Caruso, Jr. of Wessels Sherman’s St. Charles,
Illinois office at 630-377-1554 or e-mail ancaruso@wesselssherman.com
