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Published on May 29, 2025

Can I Still Get Workers’ Compensation If I Don’t Work for That Employer Anymore?

The Illinois Hammer Injury Law Firm

Yes — in Illinois, you may still qualify for workers’ compensation benefits even if you no longer work for the employer where your injury occurred. Your eligibility depends on when and how the injury happened, not your current employment status.

Whether you were laid off, quit, or took another job, the Illinois Workers’ Compensation Act still protects your right to benefits — as long as your injury occurred while performing job-related duties.

Your Rights to Workers’ Comp After Leaving the Job

Leaving your job does not automatically disqualify you from receiving compensation. In fact, many workers file valid workers’ comp claims after their employment ends. However, these cases can become more complex — particularly if your former employer disputes the injury or argues that it wasn’t work-related.

If your injury is covered, you may still be entitled to medical treatment, temporary wage replacement (known as temporary total disability), compensation for any permanent injuries, and vocational rehabilitation if you’re unable to return to your previous line of work.

Your workers’ compensation lawyer should be able to analyze the details of your case and inform you of the next steps needed to ensure you can file a comprehensive claim. Your lawyer should also answer any questions you have regarding your former employer. At the Illinois Hammer, we make it a priority to answer our clients questions and guide them through the process of their workers’ comp case.

Why Workers’ Compensation Claims Can Be More Challenging After You Leave Your Job

When you’re no longer employed by the company, your former employer may attempt to minimize or deny your injury claim altogether, especially if there is no formal incident record. This can happen if you failed to report the injury on time, didn’t receive immediate medical treatment, or didn’t preserve evidence that ties the injury to your work.

Evidence Preservation Is Critical in Workers’ Comp Claims

To strengthen your claim, gathering and preserving documentation while you still have access is essential. Before leaving your position, be sure to gather key information. It’s important to:

  • Request copies of all accident reports and incident documentation
  • Obtain your complete medical records related to the injury
  • Save any emails or messages exchanged with supervisors or HR
  • Collect the names and contact information of any witnesses
  • Keep a detailed journal of your symptoms, pain levels, and medical appointments

Most importantly, seek medical care as soon as possible after the injury. This documentation can serve as vital proof that your injury occurred while performing job-related duties — which becomes much harder to establish after you’ve left the company.

Important Workers’ Comp Deadlines

Illinois law requires that you notify your employer of the injury within 45 days of the incident (in most cases). You must also file a formal claim with the Illinois Workers’ Compensation Commission within three years of the injury, or two years from the date of your last workers’ compensation payment, whichever is later.

Missing these deadlines can seriously jeopardize your ability to receive benefits.

We’re Here to Help You After an On-The-Job Injury — Even If You’ve Moved On From Your Job

At The Illinois Hammer Injury Law Firm, we’ve helped countless injured workers secure compensation even after leaving their jobs. We know how employers and insurance companies operate — and we know how to push back when they try to avoid responsibility.

Our legal team will guide you through the process, gather the evidence needed to support your case, and fight for every dollar. You focus on recovery — we’ll handle the rest.

Call us today for a free consultation. Let’s protect your rights and help you move forward with confidence.

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