by Matthew HeinlenCan My Employer Fire Me for Filing a Workers’ Compensation Claim?
Something we hear almost every time we speak to someone who was injured at work is, “If I file for work comp, can my employer fire me?” If you are hurt at work in Illinois, it is natural to worry about how your employer will respond—especially if you plan to file a workers’ compensation claim. Many workers fear that reporting an injury or requesting benefits could put their job at risk.
It is important to understand that Illinois is generally an at-will employment state. This means your employer can terminate your employment for almost any reason, or for no stated reason at all, as long as the reason is not illegal. However, filing a workers’ compensation claim is one of the few areas where the law specifically protects workers from retaliation.
Illinois Law Prohibits Firing an Employee for Filing a Workers’ Compensation Claim
The good news is that Illinois law provides strong protections for injured workers. Under the Illinois Workers’ Compensation Act, your employer cannot fire you, discipline you, or otherwise punish you because you:
Reported a work-related injury
Requested medical treatment
Filed a workers’ compensation claim
Hired an attorney to represent you
Testified or planned to testify in a workers’ compensation case
Terminating or retaliating against an employee for exercising these rights is illegal. Illinois recognizes a claim known as retaliatory discharge, and courts take these allegations seriously.
Additionally, many employees in Illinois are members of a union or work under a collective bargaining agreement (CBA). These contracts often provide workers with additional job protections, such as:
Requirements for “just cause” before termination
Grievance procedures
Seniority rules governing layoffs
Restrictions on discipline
If you are covered by a union contract, you may have greater protections than at-will employees, and the employer must follow the procedures outlined in the CBA.
What Employers Can and Cannot Do
Your Employer Cannot:
Fire you because you filed a claim
Reduce your hours for reporting an injury
Threaten you or discourage you from seeking medical treatment or benefits
If the workers’ compensation claim is even part of the reason for termination, you may be able to bring a retaliatory discharge claim.
Your Employer Can:
Terminate you due to unrelated misconduct or policy violations
End your employment if no suitable work is available within medical restrictions
Conduct company-wide or department-wide layoffs
Employers can still make legitimate business decisions unrelated to your claim. So while filing a claim does not guarantee job protection, it does guarantee protection from retaliation.
Do Not Let Fear Stop You From Filing a Workers’ Compensation Claim
If you have not filed a workers’ compensation claim because you are worried that your employer might retaliate or fire you, you should not let that fear stop you from pursuing the benefits the law provides. The workers’ compensation system exists to protect injured employees, and Illinois law gives you clear rights when you are hurt on the job.
Filing a claim ensures that your medical bills are covered, your lost wages are addressed, and you receive the support you need during your recovery. Speaking with an experienced workers’ compensation attorney can help you understand your protections, guide you through the process, and give you confidence that your rights are being upheld at every step.
by Matthew HeinlenLegionnaires’ Outbreak in Iowa: Your Legal Rights
A recent outbreak of Legionnaires’ disease in Marshall County, Iowa has left residents concerned and raises serious questions about when property owners will be held accountable. These cases require an experienced Legionnaires’ disease lawyer to investigate thoroughly and pursue justice against those responsible. Our firm has handled similar cases, including a landmark $3.8 million verdict against an international hotel chain, along with multiple other significant recoveries for clients who contracted the disease.
What’s Going on in Marshalltown
Marshall County has been managing an outbreak of Legionnaires’ disease that has already killed one person since it was first identified in August.
The Iowa Department of Health and Human Services confirmed that the outbreak began with 21 cases on Sept. 4. As of Sept. 16, 54 cases have now been reported.
State and county officials have identified 10 cooling towers in Marshalltown as potential sources of the outbreak. Testing is underway, and tower owners have been ordered to treat their systems to prevent further spread.
Public health experts note that Legionella testing takes weeks, since the bacteria grow slowly in lab cultures. Officials are being careful not to rush to assign blame until lab-confirmed matches link water samples to patient infections.
Cooling towers—large square units often seen on rooftops—cool hot water from industrial equipment or building HVAC systems. When not properly maintained, they provide the perfect environment for Legionella bacteria to grow.
Legionella thrives in water temperatures of 77 to 113°F, making improperly maintained towers and other water systems high-risk.
Understanding Legionnaires’ Disease
Legionnaires’ disease is a severe lung infection caused by the Legionella bacteria. It spreads when people inhale tiny water droplets containing the bacteria—often from:
Cooling towers
Hot tubs and spas
Decorative fountains
Large plumbing systems
It is not spread person-to-person. Symptoms include fever, cough, and shortness of breath. According to the CDC, about 1 in 10 people who get Legionnaires’ disease die, and survivors often face long-term health complications.
Why These Outbreaks Lead to Legal Claims
When people contract Legionnaires’ disease from a hotel, apartment, or commercial property, there are often grounds for legal claims. Liability typically turns on:
Duty of care — Owners/operators must maintain water systems safely.
Negligence — Failure to test, disinfect, or treat contaminated systems.
Causation — Linking exposure at a specific site to illness. Outbreaks with confirmed sources strengthen this.
Damages — Covering medical costs, long-term health problems, lost wages, and pain and suffering.
Our Case: $3.8 Million Verdict
In 2017, we represented a client who contracted Legionnaires’ disease while staying at a major international hotel chain during a business trip. Evidence showed the hotel failed to maintain its water systems properly.
We proved negligence, linked exposure to the hotel stay, and demonstrated the long-term harm our client suffered. The jury awarded a $3.8 million verdict, sending a strong message about the responsibility property owners bear to protect guests.
What to Do If You Suspect Exposure
If you or someone you love may have been exposed to Legionella:
Seek immediate medical care and request specific testing for Legionella.
Document your travel and lodging history, especially recent stays in hotels, apartments, or healthcare facilities.
Save all medical records and expenses.
Consult with an attorney experienced in Legionnaires’ cases. Find a Legionnaires’ disease lawyer.
Prevention: What Property Owners Must Do
To protect both the public and themselves from liability, property owners and managers should:
Maintain a comprehensive water management plan.
Regularly test for Legionella and disinfect systems when needed.
Keep water at safe temperatures to discourage bacterial growth.
Clean and maintain cooling towers, spas, and fountains.
Follow guidance from state health agencies and the CDC.
Experienced Legionnaires’ Disease Attorneys in Illinois and Iowa
The Marshalltown outbreak is still developing, but it highlights a broader truth: Legionnaires’ disease is preventable with proper water safety practices. When property owners fail to act, the results can be deadly—and legally significant.
At Capron Avgerinos & Heinlen, we have attorneys licensed in Illinois and Iowa who handle Legionnaires’ disease cases. We are legionnaires disease lawyers. With proven courtroom experience—including a $3.8 million verdict in 2017—we fight for individuals and families harmed by this preventable disease.
If you or a loved one has been affected by an outbreak, contact us today to discuss your rights and options.
Resources
by Matthew HeinlenFalling on Ice and Snow in Illinois: What the Law Says
You might be surprised to learn what Illinois law says about winter-related injuries. Get the facts regarding private property liability and you.
by Matthew HeinlenHow the Wrong Doctor Can Derail Your Workers’ Compensation Claim
The right physician will stand up to your employer and insurance company if they try to deny you your rightful benefits. The wrong physician will cost you dearly.
by Matthew HeinlenVaping Can Kill You: What You Need to Know
The recent death of an Illinois resident underscores the dangers of vaping.