Losing your job is stressful under any circumstances. When it happens while you are recovering from a work-related injury, the uncertainty can feel overwhelming. Many injured workers in Antioch and across Illinois worry that being fired means their workers’ compensation benefits will stop or that they have done something wrong by filing a claim. Those concerns are common, but the law provides important protections. Understanding what Illinois workers’ compensation law allows, and what it prohibits, can help you protect your rights and your income during a difficult time.
We regularly speak with injured employees who were terminated while receiving medical treatment or wage benefits. In some cases, the firing is lawful. In others, it may violate state law or open the door to additional legal claims. The key is knowing the difference and acting quickly to protect yourself.
Illinois is an at-will employment state, which means employers can generally terminate employees for any reason or no reason at all. However, that rule has important limits. Under the Illinois Workers’ Compensation Act, 820 ILCS 305/, an employer may not retaliate against an employee for exercising their right to file a workers’ compensation claim.
Being fired while on workers’ compensation is not automatically illegal. Employers can still terminate workers for legitimate reasons unrelated to the injury, such as company-wide layoffs, documented performance issues, or business closures. The issue becomes whether the termination was motivated by your injury or your claim.
Illinois recognizes a cause of action for retaliatory discharge when an employee is fired for filing or pursuing a workers’ compensation claim. Courts have consistently held that terminating an employee for asserting rights under the Workers’ Compensation Act violates public policy.
To establish retaliatory discharge, evidence often focuses on timing, statements by management, and whether the employer followed its own disciplinary policies. If you were fired shortly after reporting an injury or while receiving benefits, that timing may raise red flags. Retaliatory discharge claims are separate from the workers’ compensation case itself and may involve additional damages.
One of the most important points to understand is that being fired does not automatically end your workers’ compensation benefits. If your injury arose out of and in the course of your employment, your right to benefits continues regardless of your employment status.
Medical benefits under 820 ILCS 305/8(a) must still be paid if treatment is reasonable and necessary. Temporary total disability benefits under 820 ILCS 305/8(b) may also continue if your doctor has you off work or on restrictions your employer cannot accommodate. Employers sometimes incorrectly suggest that termination ends these benefits, but that is not how the law works.
Many disputes arise around light-duty work. If your employer offers work within your medical restrictions and you refuse it without good cause, your temporary disability benefits may be affected. On the other hand, if no light duty is available and you are terminated anyway, benefits may still be owed.
If an employer claims it fired you for refusing work, it is important to examine whether the job truly complied with your doctor’s restrictions. Disputes over work capacity and job duties are common and often require careful review of medical records and employer documentation.
In some situations, injured workers may qualify for unemployment benefits after termination, but this depends on your medical status. To receive unemployment, you must generally be able and available for work. If you are totally disabled and unable to work, unemployment benefits are usually not available.
Partial disability situations can be more complex. Coordination between unemployment claims and workers’ compensation benefits must be handled carefully to avoid delays or denials.
When termination occurs during a workers’ compensation case, documentation becomes critical. Termination letters, emails, performance reviews, and witness statements may all play a role in determining whether the firing was lawful.
We often advise injured workers not to assume the employer’s explanation is the final word. Employers may cite attendance or performance issues that were never raised before the injury. A careful review of the facts can reveal inconsistencies that matter.
The timing of your termination can significantly affect both your workers’ compensation case and any potential retaliatory discharge claim. Delays in asserting rights can limit options. Illinois law imposes deadlines for filing claims and pursuing remedies, and missing those deadlines can be costly.
Acting promptly allows evidence to be preserved and helps ensure your benefits are protected while your case moves forward.
No. Illinois law prohibits retaliatory discharge for filing or pursuing a workers’ compensation claim. If your firing was motivated by your injury or claim, you may have additional legal rights beyond workers’ compensation benefits.
No. If your injury is work-related and treatment is reasonable and necessary, medical benefits should continue even after termination under the Illinois Workers’ Compensation Act.
Attendance issues related to your work injury are often treated differently than unrelated absences. If absences were caused by medical treatment or restrictions, the employer’s justification may be challenged.
Yes, if your doctor has you off work or on restrictions that your employer cannot accommodate. Termination alone does not end eligibility for temporary total disability benefits.
You should be cautious. Some documents may affect your rights. It is wise to have any paperwork reviewed before signing, especially while a workers’ compensation claim is pending.
Being fired while on workers’ compensation can raise serious legal issues that affect your income, medical care, and future employment. The Law Offices of Robert T. Edens, P.C., represents injured workers in Antioch and throughout the entire State of Illinois.
Contact our Illinois workers’ comp attorneys at The Law Offices of Robert T. Edens by calling us at 847-395-2200 to receive your free consultation. The firm serves clients from its offices at 392 Lake St., Antioch, IL 60002, 325 Washington St., Waukegan, IL 60085, and 1212 North Seminary Unit 1, Woodstock, IL 60098. We are committed to protecting your rights and helping you secure the benefits you deserve.
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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