A sudden injury at work can change everything. One day you’re doing your job, and the next you’re dealing with medical bills, missed shifts, and uncertainty about your future. It’s even worse when the fear of losing your job keeps you from reporting your injury.
Can someone be fired for filing a workers’ compensation claim in Illinois? The answer lies in the worker protections built into Illinois law. These are laws that make it illegal for employers to punish or fire you for exercising your rights.
Understanding Workers’ Compensation Protection in Illinois
When an employee suffers an injury on the job, the Illinois Workers’ Compensation Act (IWCA) presents the legal framework to seek benefits. These benefits cover medical treatment, lost wages, and rehabilitation. However, fear of retaliation still keeps many from filing claims.
Under 820 ILCS 305/4(h), employers cannot interfere with or retaliate against employees who file for workers’ compensation. The law forbids employers from doing any of the following:
- Discriminating or threatening to discriminate against employees
- Discharging or threatening to discharge employees
- Refusing to rehire or recall employees who have exercised their legal rights
These protections exist so that workers can report injuries and claim benefits without fearing employer retaliation.
Filing a Workers’ Compensation Claim in Illinois
Filing a claim starts with notifying your employer about your injury as soon as possible. Once you do, the claim goes through the Illinois Workers’ Compensation Commission, which determines your eligibility for benefits.
Problems arise when employers act unfairly after a claim is filed. Some might reduce hours, give poor performance reviews, or create a hostile environment. In the worst cases, they may fire the employee outright.
How Retaliation and Wrongful Termination Are Proven
Illinois courts recognize a separate legal action called retaliatory discharge, which protects workers from wrongful firing related to a compensation claim. To prove it, an employee must show that:
- They were employed before the injury occurred
- They exercised their right to file a workers’ compensation claim
- Their termination was directly related to that claim
Illinois is an at-will employment state, but employers cannot fire workers in retaliation. If you were dismissed soon after filing a claim, timing, communication records, and witness statements can all help show retaliation.
Of course, employers can still terminate employees for legitimate reasons like misconduct or absenteeism. However, they must prove the firing was not connected to the claim.
Turning Setbacks into Second Chances
Retaliation cases can be tough to handle without experienced legal help. A skilled workers’ compensation lawyer can investigate your case, collect the right evidence, and present a strong argument for your rights. When your job, health, and financial stability are at stake, you need a team that knows Illinois labor law inside and out.
At Costa Ivone, our firm has helped clients recover millions in settlements across Illinois through strategic legal representation. Contact us today, and let’s fight for the justice you deserve.