Thousands of workers with work-related injuries or illnesses in Illinois may wonder, “Can you be fired for filing a workers’ comp claim?” Illinois Workers’ Compensation Act bars your employer from firing you because you filed a claim for workers’ compensation benefits. However, your employer can terminate your employment while on workers’ comp if you ignored or failed to adhere to company policies before you sustained a work injury, or the employer cannot accommodate your injuries.
You may have grounds for an unlawful termination or discrimination suit against your employer if you were fired simply for making a workers’ comp claim. Workers’ compensation lawyers can look at the details of your case to establish if the termination of your employment was illegal, explain your options, and guide you on the best course of action. They can also gather evidence and prepare arguments to show that you were fired because you filed a workers’ comp claim.
The seasoned legal team at Martay Law Office can protect your rights if your employer has fired you for filing a workers’ comp claim. Call 312-374-6403 today for a free case review.
Illinois workers’ compensation laws extend protections to workers who get injured or ill due to their jobs. These laws ensure injured workers receive reasonable and necessary medical treatment and financial support in the form of wage replacement benefits.
These laws apply to most workers in Illinois, including those working on a full-time, part-time, seasonal, and temporary basis. Some employees, such as independent contractors and those working on farms, may be exempted.
Workers’ comp laws in Illinois cover job-related injuries and health issues. They constitute injuries caused by accidents or incidents within the work zone and illnesses resulting from long-term exposure to hazardous workplace conditions or chemicals. Injuries that develop gradually due to tasks that involve the same motion are also eligible for compensation.
Exceptions and limitations apply to these laws. Injuries that occur when you are drunk or impaired by drugs are ineligible for coverage. Injuries sustained while traveling to and from your job are often excluded from coverage. The exception in this situation is if you were on a work-related duty at the time.
Illinois laws also set timelines for starting a workers’ comp claim. You have up to 45 days from when the workplace accident happened to report a workplace injury to your employer. You must also make a claim with IWCC within three years from your injury date or two years of receiving your last workers’ comp payout, whichever is later. Missing these deadlines can make you ineligible for compensation.
A successful workers’ comp claim guarantees you various benefits. They include medical benefits, wage replacement benefits, and vocational rehabilitation benefits. Your surviving spouse, children, or a dependent will be entitled to death benefits if you die because of your workplace injury or illness.
Employers must report job-related injuries or health problems to their insurers and the Illinois Workers’ Compensation Commission. The report should specify how the injury happened, the type and severity of the injury, and the type of medical assistance obtained by the injured worker.
Employers are barred from retaliating against employees who assert their rights, as spelled out by the Workers’ Compensation Act. So, it’s unlawful for employers to fire you for filing a workers’ comp claim.
A 2022 survey of workplace injuries and illnesses found that 122,500 private industry employees got injured or sick because of their work. This figure translates to 1.8 cases for every 100 full-time workers. The same survey found that 21,000 local and state government employees sustained job-related injuries or illnesses, representing a rate of 4.2 cases for every 100 full-time employees.
These statistics show that hundreds of thousands of injured workers are eligible to pursue workers’ comp benefits in Illinois each year. Firing all these workers for asserting their rights would be unfair and insensitive. That is why the Illinois Workers’ Compensation Act was enacted to protect the rights of employees who suffer injuries or fall ill on the job and compensate them for any medical bills, lost wages, and permanent impairments or disfigurement.
The Act explicitly forbids employers from retaliating or taking punitive action against employees for pursuing compensation for their workplace injuries or illnesses. It also bars employers from discriminating, demoting, restraining, or intimidating employees for exercising their rights to workers’ comp benefits.
Some employers, however, do not comply with all the Act’s requirements. Such employers may terminate the employment of injured workers who initiate a workers’ comp claim.
There are signs that imply retaliation for seeking workers’ comp benefits. These signs include:
Under the Workers’ Rights Act, Illinois employers must provide a legal or logical reason for firing an employee. If you got fired shortly after submitting a workers’ comp claim and your employer provided a vague reason or did not give any reason, this may indicate wrongful termination for pursuing benefits entitled to you.
You may discover that your situation was handled completely differently from other workers facing similar issues. Getting fired while others in the same situation get off scot-free could be a sign of retaliation.
Negative statements about your claim by someone holding a senior position in your company could indicate retaliatory intent. An example is when your employer or supervisor says you are exaggerating the severity of your injury. Another example is when your employer says your claim is an obstacle to the company’s success.
Failure to follow existing policies and procedures when firing employees could indicate retaliatory intent. An example is when your employer fires you without following the due process outlined in the company’s policies.
Knowing the steps to take after wrongful termination for filing a workers’ compensation claim can improve your odds of getting your old job back and receiving your benefits. These steps include:
Illinois provides at-will employment. This employment agreement allows your employer to fire you for any lawful reason. Breaching company policies, making costly blunders at work, and sharp decline in your job performance are some examples of lawful reasons.
You have a right to pursue workers’ comp benefits after getting hurt or sick because of your work. Getting fired soon after filing a claim may amount to retaliation, and you may have grounds to hold your employer responsible for your wrongful termination.
Collecting strong and convincing evidence is crucial for proving wrongful termination if you get fired soon after filing a workers’ comp claim. Start by gathering physical evidence like text messages, emails, and other correspondences within your company that indicate retaliatory intentions. You can also prepare witness statements of coworkers who may have heard your supervisor making discriminatory comments about you.
Seeking legal help after termination of employment for initiating a workers’ claim can make you likelier to obtain the benefits entitled to you and reverse the termination decision. Hire a workers’ compensation lawyer right after you get fired for filing a workers’ comp claim. The sooner you get an experienced lawyer on board, the sooner you can start preparing your claim.
Your lawyer will consider all the available evidence and details to determine if you can sue your employer for discrimination or retaliation. The lawyer may also do independent investigations to collect additional proof that your employer fired you for claiming workers’ comp benefits. A history of exemplary behavior, evidence of promotion, and positive performance evaluation reports can help support your wrongful termination claim.
Your lawyer may advise you to settle the matter with your former employer out of court. You should, however, note that settling will prevent you from taking legal action against your employer for the same issue in the future.
Submit a complaint to your employer’s HR department to start the resolution process. The complaint should highlight your grievances and why you believe your termination was unfair and unlawful.
You should also support your complaint with evidence like the employment letter, performance evaluation report, and other relevant documentation. A comprehensive and evidence-backed complaint improves the odds of a fair resolution.
Consider proceeding to trial after exhausting all options for resolving the issue outside the court. Your workers’ comp lawyer will help you prepare for trial adequately and represent your best interest at the actual trial.
You can count on Martay Law Office for effective legal advice and representation if you suspect you have been fired for filing a workers’ compensation claim in Illinois. Contact us to book an appointment with one of our skilled workers’ compensation lawyers.
