We believe in second chances. A lot of people make mistakes, especially when they are younger. Fortunately many employers are willing to work with people who have felonies on their backgrounds. This is especially true when those violations are old or for drug offenses that might not even be illegal now.
If you have a felony on your background and get hurt at work in Illinois, you have the same rights as any other injured worker. But if we are being honest, your case will likely be handled differently by the insurance company.
Fair or not, they are going to look at your case even harder than they do others and be very suspicious that you are lying. If your story changes, it might be hard for you to prevail. That is because when it comes to trial testimony, evidence of you being a felon can be used against you to argue that you are not trustworthy.
Again, this may not be fair, but it is the reality. It can especially be a problem if your conviction was related to fraud. That said, it’s just one factor used in assessing credibility. The older the case and the tighter the facts of your claim, the more likely it is, in our experience, that an Arbitrator will favor you.
For example, if you are claiming a back injury from being hit by a forklift on the job, if there is video of this accident and you have no prior back problems, your felony record should not matter much.
Recent Case Shows How Insurance Companies Act Toward Felons
Within the last year there was a case at the Illinois appellate court involving an injured worker with a prior felony. This case gives insight as to what you can expect. Below is a summary. Note that we did not handle this case.
Jerry Conner, a 52-year-old commercial truck driver, was injured at work when he tripped while placing a wheel chock, fell forward, and struck his shoulders and head. Following the accident, he experienced significant shoulder injuries, including a full-thickness rotator cuff tear, severe joint degeneration, and impingement. Despite surgery and other medical interventions, his shoulders did not improve, and he underwent a functional capacity evaluation, which showed he could not perform his previous heavy-duty job duties, especially tasks requiring work above shoulder height.
He also participated in vocational rehabilitation, where assessments revealed limitations in education, computer skills, and age-related barriers to employment. Over a period of two years, Conner diligently searched for alternative employment, applying to more than 1,500 jobs, but he was unable to secure work. His vocational counselor, Dave Patsavas, testified that given Conner’s physical restrictions, age, and experience, there were no suitable and stable jobs available, and fast food or retail work would require physical activity beyond his capabilities.
The arbitrator found Conner credible, noting that while he had a prior felony conviction unrelated to his work, it did not affect the validity of his medical or vocational records. The arbitrator concluded that Conner’s efforts to find work were diligent but unsuccessful, and considering his age, work restrictions, and lack of suitable employment opportunities, he qualified as permanently and totally disabled. The Illinois Workers’ Compensation Commission affirmed the arbitrator’s decision without modification, and the circuit court of Macon County confirmed the Commission’s judgment.
On appeal, the employer argued that Conner could have pursued fast food or retail jobs, but the appellate court held that the employer failed to show any suitable work was available, and the Commission’s finding was supported by the evidence. The appellate court concluded that the award of permanent and total disability was not against the manifest weight of the evidence and affirmed the decision.
What This Means
Basically there was no dispute as to how this worker got hurt and what the injury was. The employer tried to argue, it seems, that being a felon hurt his chances for finding work. That argument was rejected because of the severity of the injury and because it is not relevant. They hired him knowing he was a felon. They can’t avoid Illinois work comp laws now that he is injured.
The reality is that the evidence shows that his injury was honest, his job search was honest and him being a felon is completely irrelevant to his ability to find work. And in any Illinois work comp case, when the facts are on the side and we can show you are honest, you are likely to win.