Can My Employer Fire Me While I’m Receiving Workers’ Comp?

Suffering from a workplace injury comes with more than its fair share of challenges. On top of recovery, you might depend on workers’ compensation benefits to cover medical expenses and a portion of lost wages. But a question often arises for injured employees in Illinois: Can your employer fire you while you’re receiving workers’ comp? Understanding your rights and the law is crucial to protecting yourself during this stressful time. The Law Office of Mitchell A. Kline clarifies your rights and stands up for you if your employer crosses legal boundaries.

Illinois Laws Protect Injured Workers

Illinois workers’ compensation laws are designed to support employees who sustain injuries or illnesses on the job. Nearly all employers in the state are required to carry workers’ comp insurance, ensuring that injured employees receive benefits for necessary medical care and income replacement. While these laws offer significant protection, they don’t make you completely immune to termination.

Employers are legally permitted to fire an employee receiving workers’ comp, but only for valid, non-discriminatory reasons that are unrelated to the claim itself. Essentially, you cannot be fired simply for filing a workers’ compensation claim. If your termination feels suspicious, it may be an act of retaliation, something the law strictly prohibits.

Valid Reasons for Termination While on Workers’ Comp

It’s important to note that holding workers’ comp benefits does not grant complete job security. Employers can still take action against an employee for legitimate reasons. Common examples include:

• Workplace Misconduct: If your employer has evidence of policy violations or disruptive behavior, they may be justified in terminating your employment.
• Company Downsizing: Companies that restructure or experience financial challenges may terminate employees, regardless of their workers’ comp status.
• Job Performance Issues: Employees not meeting performance expectations or fulfilling their job responsibilities could face dismissal even while receiving workers’ comp benefits.

These reasons must not be linked to your injury, claim or workers’ comp benefits to remain lawful.

Recognizing Employer Retaliation

Despite legal protections, retaliation does occur. Some employers attempt to disguise retaliation as a legitimate reason for termination. Watch for these warning signs:

• Unfair Enforcement of Policies: If your employer suddenly enforces rules previously ignored or not equally applied to all employees to justify firing you, this could be retaliation.
• Targeted Treatment: Being singled out for scrutiny or disciplinary action following a workers’ comp claim might point to retaliatory intent.
• Timing of Termination: If your firing occurs shortly after you file a claim or report an injury, it’s worth investigating whether the decision was retaliatory.

An experienced attorney can thoroughly review your case, assess workplace policies and uncover whether your employer acted unlawfully.

How the Law Office of Mitchell A. Kline Can Help

If you suspect your firing was retaliatory or wrongful, don’t face this uncertain situation alone. At the Law Office of Mitchell A. Kline, our experienced employment attorney has a proven record of defending injured workers’ rights. We will evaluate your circumstances, gather evidence and fight on your behalf to seek justice.

Contact Us Today

Losing your job while navigating an injury can derail your finances and your future. If you believe your employer violated your rights, call the Law Office of Mitchell A. Kline immediately. We’ll provide personalized guidance and help you determine the best course of action. With our Chicago lawyer on your side, you don’t have to solve this matter alone. Contact us today for a consultation.