Photo of worker fired for workers comp claim

Let’s say you break your arm at work in Illinois. You have a great relationship with your employer, and you don’t want to complicate your relationship. You question whether to file a claim with the Illinois Workers’ Compensation Commission (IWCC) in fear of being fired or retaliated against by your employer. What should you do?

According to Illinois law, your employer cannot fire you if you file a workers’ compensation claim after sustaining an injury on the job. There are civil and financial penalties that an employer can incur if they fire the injured worker for asserting their rights under the Illinois Workers’ Compensation Act.

Please keep in mind that you have 45 days to notify your employer of your injury or illness. You have three (3) years to file a claim with the IWCC. If you have questions about how to file a claim, contact our workers’ compensation attorneys at (312) 578-9501. We can help you navigate your claim.

What should I do if my employer has fired me for filing a workers’ compensation claim?

In our firm’s combined over 50 years of experience practicing in the area of workers’ compensation, we have not seen too many instances where employers fire their employees for filing a workers’ compensation claim. However, if you believe they have done so, our attorneys are ready to help you pursue a wrongful termination lawsuit against your employer.

The Illinois Workers Compensation Act was enacted to help workers get the benefits they need after a work injury. It also protects their employers from getting sued when their workers are hurt on the job. However, employers are no longer protected by the Act if they fire an employee for filing a workers’ compensation claim.

When this happens, the employee has a right to sue their employer for damages because they violated this duty.

What is my employer required to do under Illinois law?

Employers have specific duties they must uphold to their employees under the Illinois workers’ compensation law. For instance, employers must carry workers’ compensation coverage.

They must pay any medical bills as a result of a workplace incident, and they must report any time their workers are harmed on the job. There are severe penalties if employers breach these duties. They can be sued by their employees, fined, or criminally punished.

Injured on the job? Contact us for a free consultation

If you or someone you know has been injured at work and needs assistance, contact (312) 578-9501. We offer free consultations, and we’re available 24/7 to take your call.

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