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.
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by Matthew HeinlenDon’t Make These Mistakes if You Are in a Car Accident
Being in a car accident is so traumatic that a driver or passenger can lose their judgment in the immediate aftermath. This is understandable. No one plans on being in a car accident, and the disruption is jarring. But it’s essential that if you are in an accident, you keep your cool and make the right decisions, even under extreme duress. The wrong decisions can make you vulnerable for legal action and financial loss down the road. Our firm has decades of experience representing people in personal injury cases, including those involving car accidents. Based on our experience, here are some mistakes you absolutely need to avoid:
- Leaving the scene. Never leave the scene of an accident. In Illinois, it is illegal to leave an accident scene that results in any of these outcomes: damage to a vehicle, personal injury, or death. In Iowa, it is also illegal to leave the scene of an accident involving damage to a vehicle, personal injury, or death. Don’t make the mistake of assuming, “It’s just a fender bender – how serious can this be?” and leave. If you hit a parked car, and the owner of the other car is not present, wait for as long as you can for them to return. If it’s not feasible to wait, leave your contact information, place the information securely on their windshield, and take a photo of the damage before you leave so that you have an accurate record of the damage. But leaving a note is only to be done in extreme measures – say, in an emergency. Even if you are willing to take your chances with Illinois or Iowa law by leaving the scene of an accident, you could create more serious problems for yourself from a liability standpoint especially if someone (or a security camera out of sight) witnesses your action. Just don’t do it.
- Ignoring medical attention. If you have been injured, get medical attention. Don’t self-diagnose an injury. Some injuries, such as head trauma and neck pain, don’t manifest themselves right away. You may not appreciate just how seriously you have been injured until you see a doctor. Moreover, waiting too long to get medical attention could make it difficult for you to get compensated if you file an insurance claim.
- Admitting wrongdoing. Even if you are sure you are at fault, don’t admit to any wrongdoing whatsoever. Whatever you say could be used against you if the other party decides to file a personal injury lawsuit. Admitting wrongdoing and apologizing will set yourself up for financial loss down the road. Besides, how can you be completely sure you were at fault? For example, what if it turns out the other driver was driving while intoxicated?
- Refusing a field sobriety test. If police officers on the scene ask you to submit to a field sobriety test, refusing to do so will result in the loss of your driving privileges in Illinois and the loss of your driving privileges in Iowa. If an investigating officer believes there is cause to test you, comply.
- Failing to document what happened. Document everything. Take photos. Take notes. Ask if anyone nearby witnessed what happened, and get their contact information in case your insurance company or attorney needs to speak to them. Ask any businesses nearby if their security cameras might have recorded the accident. It’s important you document what you can immediately. You need to have a fresh record of what happened before the scene is cleared up and evidence of damage is gone.
- Trying to handle everything yourself. Get help. Don’t try to work everything out with the other driver, even if they seem cooperative and friendly. Call the police so that there is an official record of what happened. Also, in Illinois and Iowa, each driver involved in an Illinois traffic crash must file a crash report if the crash caused a death, bodily injury, or more than $1,500 of property damage when all drivers are insured. It’s best to simply report the accident and not play amateur legal expert. If the other driver takes legal action against you, take it seriously and get legal help. Don’t go it alone.
- Posting on social media. We have seen incidents in which people involved in accidents openly talked about what happened on social media. Their social posts were used against them in legal proceedings. Even if your social settings are set to private, an insurance company can legally get access to your content and use it against you. Even if you post what seems to be innocent information, an insurance company could use it against you. For example, photos of the scene and details about any injury you suffered could be used by the insurance company to deny your claim or to argue that you were not seriously injured. Expressing anger, frustration, or sadness about the accident could be used against you in court.
- Not following up with your insurance company. If you’ve been injured in a car accident, it’s important to keep your insurance company updated on your medical treatment and progress. You should also make sure that they are aware of any expenses you’ve incurred as a result of the accident. Also, promptly report the accident to your insurance company and provide all necessary documentation. Failing to report the accident promptly can complicate the claims process.
- Settling too quickly. Insurance companies often lowball settlement offers. It’s important to get an attorney to review your case before you accept any settlement.
- Not documenting injuries and expenses. Keep detailed records of your injuries, medical treatments, and expenses related to the accident. This documentation will be essential for insurance claims and potential legal actions.
- Not seeking legal advice. If the accident involves significant injuries, damages, or complex legal issues, it’s advisable to consult with an attorney. They can provide guidance on navigating the legal process, protecting your rights, and maximizing your chances of a fair settlement.
If you believe you need legal help in the aftermath of an accident, call Capron Avgerinos & Heinlen now at (312) 346-6444. We have been representing our clients for decades. 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 claim. Call Capron Avgerinos & Heinlen at (312) 346-6444 – let us show how we can deliver results for you.
by Matthew HeinlenHow to Evaluate an Attorney if You’ve Been in a Car Accident
If you are in car accident, it’s important to take steps to protect yourself legally, and I recently wrote about 13 specific things to do. You might require the assistance of an attorney in the aftermath of a car accident. If you do, please choose carefully. Unscrupulous people can be found in every profession, and the law is no exception. Fortunately, our firm has decades of experience representing people in personal injury cases, including those involving car accidents. So, how do you know you’re dealing with a good firm? Here are some ways to evaluate:
- Did they cold-call you out of the blue? This is a red flag. Solicitation of clients is prohibited in Illinois and Iowa. But this does not stop attorneys from trying to drum up business by cold calling accident victims. Cold calling is often associated with aggressive solicitation practices. If you decide to accept a cold call, exercise extreme caution. Be careful about the attorney’s motivations, and take a very close look at public ratings from clients.
- When you have a consultation, do they listen to you, show empathy for your concerns, and provide clear explanations? Or do they simply focus on the money they might make in a settlement? Choose someone who can communicate complex legal concepts in a way you can comprehend. Attorneys who come across as impatient might be too focused on closing a case and cashing in. They might not have your best interests at heart.
- What examples can they cite of their work? Visit their website. Look for case studies that demonstrate their expertise. Look for specific examples relevant to car accidents. It’s important that the attorney possess personal injury expertise specific to car accidents.
- What ratings do they get from clients? Read closely their reviews on social media and Google. Star ratings, while helpful, are not as useful as a review that provides some commentary on why a client rated an attorney they way they did. Ratings/reviews are not the end-all and be all – in fact, some of them can be off topic. Read them critically. In addition, check the attorney’s website for actual client testimonials. (Here are some of ours.)
- Are they clear about their fee structure? Some attorneys, as our firm does, work on a contingency fee basis, meaning they only get paid if they win your case, while others charge hourly rates or a flat fee. Clarify the payment terms and any additional expenses or costs you might be responsible for.
- Do they overpromise? Beware of attorneys who guarantee outcomes. Ethical attorneys should provide an honest assessment of your situation, outlining the strengths and weaknesses of your case without overpromising results.
- Do they have access to specialists such as accident reconstruction specialists, insurance experts, and medical professionals if needed? Good attorneys with deep experience in handling car accidents can connect you with people who can help you beyond legal representation. An attorney who lacks access to resources is not necessarily a bad attorney – but they’re going to be less helpful to you than one who does.
If you believe you need legal help in the aftermath of an accident, call Capron Avgerinos & Heinlen now at (312) 346-6444. We have been representing our clients for decades. 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 claim. Call Capron Avgerinos & Heinlen at (312) 346-6444 – let us show how we can deliver results for you.
by Matthew HeinlenTwo New Cases of Legionnaires’ Disease Linked to an Illinois Gym
Two new cases of Legionnaires’ disease have been documented in Illinois, drawing attention to the dangers of this dangerous illness. The incidents have been linked to an L.A. Fitness workout center in Niles, near Chicago.
Legionnaires’ disease is a respiratory illness caused by exposure to Legionella bacteria. It is typically contracted from hotels, motels, apartment buildings, office buildings, warehouses, production facilities, nursing homes, hospitals, and other places when people breathe in small droplets of water containing bacteria which has grown in improperly designed or maintained building water systems.
The Illinois Department of Public Health is investigating the Niles gym. The county and state confirmed that Legionella bacteria had been found in a hot tub. This incident occurred only months after a cluster of Legionnaires’ disease cases broke out in Burbank, Illinois. In 2021, Illinois reported 522 cases of Legionnaires’ disease statewide, and 227 from January to September 2022.
Legionnaires’ disease cases are rare, but they can have a devastating impact. For more insight about Legionnaires’ disease, read this Q&A on our website.
Capron Avgerinos & Heinlen has collected millions of dollars on behalf of individuals and the families of individuals who have contracted Legionnaires’ disease. Legionnaires’ disease cases require a specialization that most attorneys do not have. If you or someone you know in Iowa or Illinois contracts this terrible disease, Capron Avgerinos & Heinlen can help you. We perform our cases on a contingent fee basis, which means we are not paid unless you recover compensation for your claim. Call Capron Avgerinos & Heinlen at (312) 346-6444 – let us show how we can deliver results for you.