No — it is illegal for your employer to fire you simply because you filed a workers’ compensation claim in Illinois. You have the right to seek medical treatment and wage replacement benefits after a job-related injury, and exercising that right is protected by law.
Under the Illinois Workers’ Compensation Act, your employer cannot retaliate against you for filing a claim. That includes not only termination, but also demotion, discipline, or any form of punishment that is tied to your decision to report a workplace injury or request benefits.
What If I Was Fired After Filing a Claim?
If you were fired shortly after reporting an injury or filing a workers’ compensation claim, it may be a case of retaliatory discharge — a serious legal violation in Illinois.
Retaliatory discharge occurs when an employer terminates a worker because they exercised a legal right, such as seeking workers’ compensation. This is separate from your workers’ compensation case and could entitle you to additional compensation through a wrongful termination or retaliation lawsuit.
Signs of retaliatory discharge might include:
- Sudden changes in your treatment or performance reviews
- Hostility from supervisors after you file your claim
- Being replaced without explanation
- Termination shortly after notifying your employer of the injury
- Receiving disciplinary actions for minor infractions that were previously overlooked
- Being excluded from meetings or communications you were previously included in
If you suspect retaliation, speak with an attorney right away. These cases require careful documentation and legal strategy.
What Employers Can Do
It’s important to understand that while retaliation is illegal, employers are still allowed to make staffing decisions for valid business reasons. For example, you may still be terminated if:
- The company is undergoing layoffs or downsizing
- There are documented performance issues unrelated to your injury
- Your position is eliminated due to restructuring
- You cannot return to your prior job, and there’s no suitable alternative position
- You violated company policy in a way that would result in termination for any employee
The key issue is causation — whether your termination was because of the claim, or for unrelated reasons. That’s where legal support becomes essential.
Protecting Your Rights During Recovery
While recovering from a workplace injury, document all interactions with your employer, keep copies of medical records, and maintain a timeline of events related to your claim and employment status. If accommodations are needed upon your return, request them in writing and follow your doctor’s recommendations carefully.
Talk to an Illinois Workers’ Compensation Attorney Today
If you’re in this situation, we can help you understand whether your termination was lawful, investigate your case to uncover any signs of retaliation, and pursue legal action if your rights were violated. Our team will also work to ensure your workers’ compensation benefits continue uninterrupted. We know how overwhelming it can feel to deal with an injury while worrying about your job security — and we’re here to offer the protection, clarity, and support you need.
Contact us for a free consultation to discuss your rights and next steps. We’ll help you protect your benefits — and hold employers accountable when they break the law.
