When you’re injured on the job in Illinois, your focus should be on healing and providing for your family while you recover. But what happens when filing a workers’ compensation claim feels like it puts your job at risk? We’ve worked with countless employees throughout Illinois who worry that reporting a workplace injury could cost them their livelihood. These fears are not unfounded. Unfortunately, some employers do retaliate. However, Illinois law provides strong protections for injured workers, and we’re here to help you understand your rights.
The Illinois Workers’ Compensation Act was designed to make sure employees can receive medical care, lost wages, and disability benefits when hurt on the job. Importantly, it also prohibits employers from firing or punishing workers just because they filed a claim. Retaliation for exercising this legal right is not just unfair, it’s illegal. As attorneys serving Antioch and beyond, we stand with workers who have been wrongfully terminated or intimidated after seeking benefits they are legally entitled to.
Under Illinois law, specifically under 820 ILCS 305/4(h), it is unlawful for an employer to discharge or threaten to discharge, harass, or discriminate against an employee for exercising their rights under the Workers’ Compensation Act. This means that if you file a claim after being hurt at work, your employer cannot legally fire you simply because of that action.
But proving retaliation can be complicated. Employers rarely admit they fired someone for filing a claim. Instead, they may cite unrelated reasons, such as performance issues or attendance problems, that only surfaced after the injury. That’s why timing, documentation, and legal guidance are so important.
If you believe your termination was connected to your injury report or claim, we can investigate the facts, examine your employment history, and build a strong case that highlights your employer’s true motivation.
Illinois is an at-will employment state, which means employers can generally fire employees for any reason, or no reason at all, as long as the reason isn’t illegal. However, retaliation for exercising a protected right, like filing for workers’ compensation, is not allowed.
This creates a legal exception to the at-will rule. If we can show that your filing of a workers’ comp claim was a substantial motivating factor in your termination, you may have a valid retaliatory discharge claim. Courts in Illinois have consistently upheld employees’ rights in these cases when there is clear evidence of a retaliatory motive.
If your employer fired you because you filed for workers’ compensation, you may be entitled to significant compensation. A successful retaliatory discharge lawsuit in Illinois can result in:
These remedies are separate from your original workers’ compensation benefits, which may still be ongoing. Holding your employer accountable also sends a clear message that workplace retaliation will not be tolerated.
To prove a retaliatory discharge, we focus on three key elements: (1) you were employed by the company, (2) you exercised your right to file a workers’ compensation claim, and (3) you were terminated in response to that protected activity.
Courts consider circumstantial evidence, including:
We’ve worked with clients in Antioch, Waukegan, and Woodstock who faced unjust retaliation, and we have built winning cases by uncovering the truth behind these terminations.
If you’ve been hurt at work, one of the most important steps you can take is to document everything from the beginning. Report your injury promptly and in writing. Keep copies of any emails, memos, or doctor’s notes related to your injury or work status. If you feel pressured or harassed after reporting an injury, write down what was said, who said it, and when it happened.
Don’t wait for things to get worse. The sooner you contact a knowledgeable injury attorney, the better we can protect your rights and stop any retaliatory conduct before it escalates.
No. Under Illinois law, it is illegal for your employer to fire or punish you just because you filed a workers’ compensation claim. If you’re terminated shortly after reporting an injury, it’s important to speak with a lawyer about your rights.
Employers often give pretextual reasons to cover up illegal retaliation. If you believe your termination was really because of your injury or claim, we can look at the timeline, your past employment record, and other facts to help prove your case.
Yes. A successful claim can lead to financial compensation, reinstatement in some cases, and a measure of justice for the harm you suffered. More importantly, it can protect other employees from being mistreated the same way.
Illinois law generally gives you five years to file a retaliatory discharge claim based on workers’ compensation retaliation. However, we recommend acting as quickly as possible to preserve evidence and strengthen your case.
Yes. Your employer must still pay your medical and wage-loss benefits under the Illinois Workers’ Compensation Act even if you’re no longer employed, as long as your injury is work-related and your claim is valid.
Start documenting everything immediately. Write down incidents, keep copies of emails or disciplinary actions, and talk to a qualified Illinois injury lawyer. Taking action early helps us build a stronger case to protect your job and your rights.
If you believe your termination was related to filing a workers’ compensation claim, you don’t have to face this alone. We have successfully represented workers across Illinois who were fired, harassed, or punished for standing up for their rights.
We represent clients from our offices in Antioch, Waukegan, and Woodstock, and we are ready to help you protect your rights and pursue the justice you deserve. Contact our Illinois workers’ comp lawyers at The Law Offices of Robert T. Edens by calling us at 847-395-2200 to receive your free consultation.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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