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 Rocco MottoWorking In the Heat
Extreme heat means air conditioning, ice cream, water parks, and . . . an increase in work injuries. According to The New York Times, the data suggest that heat increases workplace injuries by making it harder to concentrate, leading to injuries from falling, being struck by vehicles or mishandling machinery.
The data suggests that when the temperature was between 85 degrees and 90 degrees Fahrenheit, researchers found that the risk of workplace injuries was 5 to 7 percent higher than days where the temperature was in the 60s. Even more alarming, when the temperature exceeds 100 degrees, the overall risk of injuries was 10 to 15 percent greater.
Occupational Safety and Health Administration
The Occupational Safety and Health Administration (OSHA) concludes that workers become overheated from two primary sources: (1) the environmental conditions in which the employees work and (2) the internal heat generated by physical labor. Heat-related illnesses occur when the body is not able to lose enough heat to balance the heat generated by physical work and external heat sources.
OSHA provides the following protective measures:
- Drink water often (about 4 cups/hour).
- Take frequent breaks in a cool, shaded area.
- Limit physical exertion.
- Adjust work activities.
- Watch/communicate with workers at all times.
Arising Out of and In the Course of Employment
Workers who suffer heat related injuries and illnesses may be able to recover workers’ compensation benefits. Under the Illinois Workers’ Compensation Act, in order to receive workers’ compensation benefits, an employee does not need to show that the employer is at fault. Rather, the person filing the claim needs to have been an employee at the time of the injury, and the injury needs to have arisen out of and in the course of employment.
Call Capron Avgerinos & Heinlen
Call Capron Avgerinos & Heinlen now at (855) 208-3904 if you need help with a workers’ compensation case in Illinois or Iowa. As your Illinois and Iowa Injury Network, we are ready to assist you over the phone or in person. We perform our cases on a contingent fee basis, which means we are not paid unless you recover compensation for your clam. Call Capron Avgerinos & Heinlen and let us show how we can deliver results for you.
by Nick AvgerinosWhy Truckers Need Legal Help for Workers’ Compensation
Don’t talk with your employer or insurance company about workers’ compensation without first getting legal help.
by Nick AvgerinosHow Owner/Operator Truckers Can Get Workers’ Compensation Benefits
As owner/operators, truckers are technically not full-time employees of the trucking company that hired them. But that does not mean owner/operator truckers are ineligible for workers’ compensation.
by Rocco MottoInjured while Traveling for Work? Why You Need Legal Help
In some instances, you don’t need to be on the property of your employer to suffer a work-related injury.