Md. man's leave lawsuit lands in Supreme Court
National News
A man who sued the state of Maryland after allegedly being fired for trying to take a 10-day medical leave from his state job will have his case heard Wednesday by the U.S. Supreme Court, and the outcome could affect whether state workers nationwide can sue in similar situations.
Daniel Coleman was fired from his job overseeing contracts for the Maryland court system in 2007. He says he was fired after asking for time off for doctor-ordered bed rest to deal with hypertension and diabetes. Under a law passed by Congress and enacted in 1993, the Family and Medical Leave Act, employees can take up to three months of unpaid leave for certain reasons, including a serious health issue. After being fired, Coleman sued, claiming a violation of the leave law and discrimination, a claim that was later thrown out by a lower court. He asked Maryland to pay him a reported $1.1 million in compensatory and punitive damages.
But lawyers for Maryland argue Congress was wrong to give employees like Coleman the ability to sue state employers for money damages. Unlike private employers, states are generally exempt from such lawsuits. Two lower courts have agreed with Maryland that Congress overstepped its authority, and 26 other states are also supporting the state's arguments.
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What Is Meant by ‘No-Fault’ Workers’ Compensation in Illinois?
If you were injured in a work-related accident and have been researching workers’ compensation, you may have seen it described as a “no-fault” system. One of the most important things to understand about the workers’ compensation system in Illinois is that it is based on a “no-fault” system. What does this mean, exactly?
Most employers in Illinois are required by law to have workers’ compensation insurance. And the workers' compensation in Illinois is a “no-fault” system, which means that any worker who has been hurt on the job is entitled to workers' compensation benefits. If you have been hurt on the job, you are entitled to workers’ compensation benefits no matter whose fault the accident was.
A no-fault insurance system, such as workers’ comp, works by paying claims regardless of who is to blame for an accident. This provides an important layer of protection for injured workers, sparing them from having to through additional litigation and the through the additional burden of proving who was at fault before receiving benefits.
In Illinois, even though you don’t have to prove that your injury was your employer’s fault, you do have to prove that your injury happened at work or as a result of work. If you would like help to file your workers' compensation claim, Krol, Bongiorno, & Given’s experienced workers' comp lawyers are here to help. With over 60 years of combined legal experience, the KBG law firm is a leader in the field of workers’ compensation law and we have earned the reputation as aggressive advocates for injured workers before the IWCC.