Fired after a work injury: What you should know

What should happen is often quite different from what does happen. There are a couple of things to consider if you get fired after a job injury in Illinois. First of all, it shouldn’t affect the benefits you are receiving through workers’ compensation. Second, your employer can’t fire you based on the fact that you filed a claim for workers’ compensation.

Your benefits should not get cut off. Illinois workers’ compensation is meant to help you with the costs of your injury and get you back into the workforce. You can get temporary total disability payments, which is like a continued paycheck, if you can’t work because you are recovering. If your employer can provide some “light duty” work, you can still get checks if the pay for the light duty is less than what you were earning when you got hurt. Also, all of your related medical bills should be covered.

So even if you get fired, these benefits should continue. Even if you were fired because of something you did, your workers’ compensation benefits should continue while you’re recovering from your work injury. Once you are at maximum improvement, then your TTD benefits will end. If you are told otherwise, check with an Illinois attorney.

The other important thing to know is that your employer is not allowed to fire you because you made a claim for workers’ compensation. Illinois law makes it illegal for them to retaliate in this way. If you do get fired for asserting your right to benefits, you will have an additional claim against your employer.
 

We are workers' compensation attorneys who help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.

By Michael Helfand

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