Can You Be Fired for Filing a Workers' Compensation Claim?

 Posted on July 08, 2025 in Workers' Compensation

If you have been injured at work in the state of Illinois, you may be worried about more than your recovery – you may fear you will lose your job when you file a workers’ compensation claim. Many employees are hesitant to report injuries because they fear retaliation from their employer, or they are unsure of their rights.

Illinois law (820 ILCS 305) does protect workers from being fired for seeking workers’ compensation benefits, but the legal protections are not absolute. It can be extremely helpful to speak to a Joliet, IL workers’ compensation attorney to find out where you stand, what you need to know about your rights, the limits to the protections in the state, and what to do if you believe you have been wrongfully terminated.  

Workers’ Compensation Basics in Illinois

A worker who suffers an injury while at work is entitled to workers’ compensation in Illinois. Workers' compensation is a no-fault insurance that covers workers hurt on the job, regardless of who is at fault. In addition to injuries caused by a work accident, workers’ compensation also covers injuries from repetitive motions required by the job. An aggravation of an old condition or injury can still be eligible for benefits through Illinois workers’ compensation.

Employers in the state must be notified of the accident within 45 days of its occurrence. The burden is on the Illinois employee to inform HR or a supervisor and to show that the injury occurred during work hours. Employees are entitled to temporary total disability, medical care, and permanent partial disability. Temporary total disability is approximately two-thirds of the employee’s average weekly wage for the year preceding the injury.

Is It Legal to Fire Someone for Filing an Illinois Workers’ Compensation Claim?

Under the Illinois Workers’ Compensation Act, employees may not be fired or otherwise discriminated against for seeking benefits related to a work injury. However, Illinois is an at-will employment state, which means employers can terminate employees for any reason or no reason at all, so long as that reason is not against the law.

Firing a worker for filing a workers’ compensation claim is considered an illegal reason; however, the employee must prove that the firing was retaliatory, motivated solely by the claim for benefits. Beyond termination, other examples of retaliation may include demotions, denial of promotions, or negative performance reviews issued after a worker files a workers' compensation claim.

Exceptions and Gray Areas Regarding Firing a Worker Who Files a Workers’ Comp Claim

An employer can terminate an employee who was injured at work as a result of layoffs or unrelated misconduct. There is a clear distinction between retaliation and legitimate employment actions, and timing and documentation are often the only means by which those differences can be demonstrated. A worker who is fired and believes that the firing is retaliatory in nature should document all relevant details.

The injury report, initial claim, all communications, and termination details must all be clearly documented. In Illinois, if an employee can prove he or she was fired in retaliation for filing a workers’ compensation claim, various damages can be sought. These damages include back pay, mental anguish, future lost wages, attorney’s fees, and, in some cases, punitive damages. There are typically no limits on the monetary damages recoverable from a retaliatory lawsuit.

Contact a Will County, IL Workers’ Compensation Lawyer

Filing a workers’ compensation claim in the state is your legal right. You should never have to worry about losing your job in retaliation for filing a claim. If your employer retaliates, speaking to a knowledgeable Joliet, IL workers’ compensation attorney from McNamara Phelan McSteen, LLC is your best course of action. Our mid-sized, aggressive law firm has attorneys with specialized experience in various fields to handle specific cases. Call 815-727-0100 to schedule your free consultation.