Is it possible for workers’ compensation to affect future employment?

Car Accident - October 3, 2025 by Horwitz, Horwitz & Associates

Filing workers’ compensation claims when you’re hurt at work allows your employer to provide the coverage you need without facing a lawsuit. Yet, is it possible for workers’ compensation to affect future employment? It can, but this discrimination is generally illegal, and you may need help from a skilled Aurora workers’ compensation lawyer to fight back against unfair actions.

Future employers can’t discriminate against you for filing a workers’ compensation claim at a previous company

The Illinois Workers’ Compensation Act (IWCA) makes it unlawful for companies to treat you unfairly just because you used the system intended to help you. Filing workers’ compensation claims is your right, and this extends to any future employment opportunities if you leave your current company.

Under workers’ compensation law, potential employers can’t discriminate against you for previous claims. They also can’t ask you any questions about your claims history, and they can only ask questions about your physical limitations as they relate to the job. However, a company may decide against hiring you if you have a permanent disability that prevents you from fulfilling essential tasks on the job.

For example, suppose you hurt your back at your former job and can’t lift over 10 lbs, but the new job requires you to lift 50 lb boxes regularly. If the lifting is an essential task, the employer can legally refuse to hire you. They can’t discriminate based on your disability alone under the Americans with Disabilities Act (ADA), but they can choose someone who can perform the required tasks.

How can a future employer find out about my workers’ compensation history? 

Under the ADA, you aren’t legally required to disclose any pre-existing injury unless you will require the employer to make a reasonable accommodation. However, some companies will investigate potential employees by performing background checks or reviewing their social media history. They may become aware of your workers’ comp claim through these methods or if you disclose your history during an interview. 

Any workplace injury or medical treatment you’ve experienced, or legal action you’ve taken against an employer, should not affect your future employment. If you suffer a work-related injury at your new job, you should tell your doctor about any pre-existing condition, but you do not have to disclose that it was due to a previous workers’ comp claim. 

If you get hurt at your new workplace, you still have the right to file workers’ compensation claims every time. As long as your claims are valid, you can use the workers’ comp insurance coverage as many times as you need. If you experience pushback while filing a claim, speak with an attorney who can use their background and knowledge to negotiate your benefits on your behalf.

Your employer can’t fire you for filing a workers’ comp claim

Many people worry that if they file a claim, their company or managers may retaliate against them. In Illinois, you can’t be fired for filing a workers’ comp claim. Your manager, supervisor, or leadership team also cannot demote you, reduce your pay, or cut your hours. 

This doesn’t mean that these things don’t happen. It’s important to be sure that the reason you were fired is due to your workers’ comp history and not anything else. Filing a wrongful dismissal lawsuit is challenging, and you may struggle to support your claim if the employer can show justifiable reasons why they let you go. 

If you do feel you’re experiencing harmful or unlawful retaliation due to your claim, speak with your workers’ compensation attorney, who can advise you on reporting these violations. Your lawyer can also examine the circumstances if you were laid off while on workers’ comp to determine if you have grounds for a lawsuit.

Filing a workers’ comp claim is your right

The law requires all Illinois employers to provide workers’ comp insurance for their employees without retaliation. You have the right to seek medical care and receive partial wages while you get better, without worrying about potential problems upon returning to work. Likewise, you have protections against suffering loss of future employment opportunities because you used the workers’ compensation benefits you were entitled to receive.

However, it’s not always easy to get what you deserve when employers try to get around the legal requirements. Whether you have lingering disabilities or not, you have the right to use workers’ comp any time you have a workplace injury. Securing those benefits often requires aggressive legal representation from a qualified workers’ comp attorney.

By speaking with a member of our team at Horwitz, Horwitz & Associates during a free consultation, you can ask questions such as “Can a past claim affect my chances at a new company?” Contact us to arrange a free consultation by sending a message or calling (800) 985-1819 today.