Worried that filing a workers’ comp claim will cost you your job? In Illinois, firing you for it is illegal.
The state takes this seriously. Punishing a worker for claiming benefits they’re entitled to breaks the law, and you have the right to fight back if it happens. Here’s what our attorneys say, starting with senior attorney Stephen D. Phillips.
What Our Attorneys Say
Stephen D. Phillips — Senior Attorney
“You cannot get fired as the result of filing a workers’ compensation claim. Illinois is strong on that issue.”
Terrence M. Quinn
“No, that would be against the law, and your employer should know it.”
Illinois Law Protects You From Retaliation
This isn’t a gray area.
Illinois recognizes a claim called retaliatory discharge, and it exists specifically to protect workers who file for comp. An employer who fires or punishes you for filing a claim is breaking the law. Filing for workers’ compensation is a protected right, and “you filed a claim” is never a legal reason to let someone go.
But Illinois Is At-Will. Doesn’t That Let Them Fire Me?
It’s the most common worry, and here’s the catch.
Yes, Illinois is an at-will state, so an employer can usually fire you for almost any reason, or no reason at all. What they cannot do is fire you for an illegal reason. Retaliating against a workers’ comp claim is one of those illegal reasons. Think of it as a carve-out from at-will employment, and a strong one.
How Retaliation Gets Proven
These cases usually turn on timing.
If you were a solid employee and got shown the door a few weeks after filing a claim, that timing tells a story. Documentation matters here: your performance reviews from before the claim, and anything in writing that ties the firing back to it.
What You Can Recover
Win a retaliatory discharge claim and the remedies can go past simply getting your job back. You may recover lost wages, and in some cases punitive damages meant to punish the employer for breaking the law.
Talk to a Chicago Workers’ Comp Lawyer
Fired or punished after filing a claim? That may be illegal, and you don’t have to accept it. Let us look at what happened.
Call (312) 346-4262 for a free consultation. You pay nothing unless we win. Learn more on our Chicago workers’ compensation page.
Frequently Asked Questions
Can my employer fire me for filing a workers’ comp claim in Illinois?
No. Firing you because you filed a claim is retaliatory discharge, and it’s illegal in Illinois. You can sue an employer who does it.
Illinois is at-will. How am I still protected?
At-will employment has limits. An employer still can’t fire you for an illegal reason, and retaliating against a protected workers’ comp claim is one of those illegal reasons.
What should I do if I was fired after filing a claim?
Save everything you can, from your performance reviews to the full timeline of what happened after the claim. Then talk to a workers’ comp attorney about a retaliatory discharge claim.
