Can I be fired for filing a workers’ compensation claim?
Workers Compensation - June 20, 2024
You may believe you have grounds for a workers’ compensation claim when you are injured at work, but the details may be difficult to navigate. Your workers’ compensation benefits can provide needed support as you navigate your recovery following a work accident. However, you may need help getting your compensation, including problems with your employer.
In these situations, you may ask, “Can I be fired for filing a workers’ compensation claim?” Fortunately, you may have grounds to protect your legal rights and yourself from the retaliation your employer may try to pursue. That process begins with a conversation with a Chicago workers’ compensation attorney.
How does workers’ compensation protect me from being fired?
Can you be fired for filing a workers’ compensation claim? No, you cannot be fired or laid off because you filed a workers’ compensation claim. Employers are responsible for providing workers the support they need through workers’ compensation insurance. According to the Illinois Workers’ Compensation Commission, almost every employer must provide this insurance, meaning you likely have access to this insurance coverage.
However, your employer may be more concerned about their insurance premiums than your recovery. They may also be concerned about facing penalties for a lack of safety precautions that may have led to your accident. In these cases, some employers turn to bad-faith tactics such as firing to prevent workers’ compensation claims from happening.
Fortunately, you have rights as a worker. Those rights include protection from retaliation under 820 ILCS 305. If your employer fails to respect these laws, you may have grounds for a lawsuit, giving you answers to questions like, “Can I be fired while on workers’ compensation?”
What are my workers’ compensation benefits following an accident?
When navigating a workers’ compensation claim, it’s vital to understand your claim’s value. Under 820 ILCS 305/8, workers’ compensation may include any of the following benefits:
- Medical care
- Lost wage replacement
- Vocational rehabilitation
- Death benefits
These benefits cover the many expenses that occur following a work accident. For example, if you suffer catastrophic injuries and are unable to work, you may need wage replacement benefits that provide a permanent disability income. When families lose a loved one, death benefits can provide compensation for their funeral and burial costs, as well as ongoing wage replacement until remarriage or death, according to 820 ILCS 305/7.
How can we help you fight back if your employer tries to fire you while on workers’ comp?
If you suspect your employer has engaged in retaliation by trying to fire you, you can contact a workers’ compensation attorney from our firm to get legal representation throughout the claims process. You must present evidence tying your company’s actions of firing you or attempting to do so to your workers’ comp claim. That may include gathering witness statements, conversation records, and more.
You have a right to protect your case and take action when your employer does not respect your legal rights, and seeking dedicated, professional help is part of this. Our personal injury law firm can help navigate your claim and represent you in the courtroom. We are here to help our clients pursue compensation and navigate Illinois’ workers’ compensation laws to get the support they need as they recover.
How can an attorney help me with my workers’ compensation claim?
If your employer is trying to retaliate against you for filing a workers’ compensation claim, you may have grounds for legal action that can help you get the benefits you are due. Horwitz, Horwitz & Associates offers capable and trustworthy representation throughout your workers’ compensation claim.
To learn more about our services or take advantage of a free consultation, contact us by calling (800) 985-1819 or completing our online contact form.
