Can I be Fired For Filing a Workers’ Compensation Claim?

Can I be Fired For Filing a Workers’ Compensation Claim No. Your employer cannot fire you for filing a workers’ compensation claim. However, many Illinois employees are at-will workers, this means that companies generally don’t need a reason to terminate them. Therefore, it can be tricky determining what the actual motivation for the firing was.

How Are Illinois Workers Protected From Improper Firing?

Workers are protected by the Illinois Worker’s Compensation Act from retaliation from employers for filing a workers’ compensation claim. If you are fired for filing a claim, you may have grounds for a legal suit against your employer. See the Illinois Workers’ Compensation Act for more information. 820 ILCS 305 §4h.

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What Can An Employer Legally Request of You After an Accident at Work?

There are certain things that an employer is legally entitled to request or obtain. First, you need to submit a report of the workplace incident that caused your injuries. Second, the employer can request that you undergo an independent medical examination. Third, they can request that you settle the case. Of course, you can contest some of these moves and others that it makes. Ultimately, you can even bring the entire affair in front of the Ilinois Workers’ Compensation Commission. However, along the way, it is important to have adequate counsel at your side to refute the unfair requests that they make.

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What Can I Do If My Employer Breaches Its Duties?

Employers have various duties according to Illinois workers’ compensation laws. They must clearly post their responsibilities and workers’ rights to all of their employees. They must pay any medical or other bills that arise from a workplace incident. They must also take care to report any instances of harm that their employees experience. If they don’t comply with these or the many other duties that they have, they can face penalties.

For instances, they can be fined or even criminally punished for not carrying workers’ compensation coverage. Corporate officers can even face personal liability for unpaid workers’ comp benefits. Additionally, if you feel that they have retaliated against you in any way for filing a claim, then you can sue them in civil court. Of course, you can always file a workers’ comp claim against them in the Illinois Workers’ Compensation Commission or even sue them for other breaches of their duties.

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Know Your Workers’ Comp Rights! Give Us A Call!

It is not your employer’s duty to stick up for you. While they may have to share basic information about the workers’ compensation system and what they offer, that doesn’t mean they need to advance your claim and this involves termination. Specifically, if they fire you for filing a workers’ comp claim, that is against the law but nobody will call them on it unless you raise the issue.

This is why we sit down with injured workers and review their rights with them. It is a real eye-opening experience. You might be surprised to learn what you are entitled to and what your employer cannot do. If you do need to file a claim, then we can offer you all the staff, resources, skill, and experience you need to succeed. Plus, Rosenfeld Workers’ Compensation attorneys will provide a free case evaluation, with no obligation – simply complete the contact form or call us at 888-424-5757.

For additional information see the following pages:

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Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa, Avvo User
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