Workers’ Compensation Retaliation

Workers’ Compensation Retaliation Date: Jan 23, 2019

Workplace injuries happen all the time in Chicago and across the state. They occur in factories, on the road and even in offices. If an on-the-job injury affects you, the last thing you want to worry about is facing a pink slip because you’ve filed a claim.

Can You Be Fired While On Workers’ Compensation in Illinois?

In Illinois, workers’ compensation laws are designed to protect you as a worker, and under these laws, you can’t be fired for filing a workers’ compensation claim.

Even though workers’ compensation retaliation is illegal and you cannot be fired or demoted for it, if you feel you are being discriminated against due to your injury or claim, contact Argionis & Associates for a free consultation with a Chicago workers’ compensation attorney.

The Truth About Retaliatory Discharge and Workplace Retaliation in Illinois

Workers’ compensation retaliation does occur, unfortunately. The problem is not workers’ compensation laws, but rather the desire of a few bad characters in the labor market. Quite simply, some employers do not meet their obligations under labor laws and workers’ compensation laws. Some deliberately flout regulations.

Retaliation for filing a workers’ compensation claim is always illegal, but unfortunately, it does happen and can take many forms:

• Retaliatory discharge: Some employees terminate the employment of a worker who has been injured and has filed a claim.
• Failure to promote: In this form of retaliation, employers may overlook injured workers who have filed for compensation for promotions they should have been able to secure.
• Demotion: In some cases, employees are demoted and offered a lower-status and lower-paying position, despite their experience and ability, after a workers’ compensation claim.
• Refusal to rehire: If an employer refuses to rehire you or take you back to work after you return following an injury, they may be violating a law.
• Undeserved poor performance review: Did your performance reviews drop for no valid reason after an injury and claim? This situation could be a retaliatory action.
• Undeserved disciplinary action: You should face disciplinary action at work only if you do something wrong, so if you’re punished because you have a claim filed, you’ll want to speak to an attorney.
• Poor employment references: Employers who offer a negative reference affect your future career prospects. If they provide such a reference as retaliation for a workers’ compensation claim, you may be eligible for compensation.

Illinois is an at-will employment state, which means most employers can hire and fire at any time. However, there are exceptions. Some contracts stipulate that workers can be fired only in specific situations, and Illinois does not allow discrimination or termination based on age, race, religion, sex, national origin, color, sexual orientation, disability, arrest record, ancestry, citizenship status, ethnicity, marital status, military service or military discharge. In addition, the law makes it illegal to discriminate against employees, intimidate them, harass them or fire them because they’ve filed a workers’ compensation claim.

Your Workers’ Compensation Rights

You may be able to seek compensation if your employer has fired you or retaliated against you because you’ve made a workers’ comp claim. You’ll need to prove you faced termination or other retaliatory actions because of your filing of a claim, but doing so is challenging since employers will not usually admit to wrongdoing. For this reason, you’ll want to speak with a workers’ compensation attorney who can work with you.

Contact Argionis & Associates to Protect Your Rights

When you’re injured at work, your income and future health may be on the line. To get legal representation during this difficult time, contact Argionis & Associates for a free, confidential consultation and case review.

Related:

– Workers’ Compensation Benefits

– Can I Go On Vacation While on Workers’ Comp?

– Will I Be Followed by a Workers’ Comp Investigator?

– Everything You Need to Know About Maximum Medical Improvement

George Argionis

George Argionis has over 20 years of experience in handling cases involving auto collisions, premises injuries, medical malpractice, product liability, construction-related and work-related injuries. He has dedicated his career to helping restore lives both emotionally and economically.