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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Comments (2) Read through and enter the discussion with the form at the end
Rod - January 26, 2015 10:05 PM

2015 does this law still have any weight as i was let ho still in a workers comp claim my attorney says not much they can do is this true

WE REPLY: If you have restrictions you should be getting TTD benefits even if you were fired.

Tom - January 28, 2015 5:01 AM

I was off work for a month for a concussion with loss of memory not work related. Upon my return (on light duty) I was notified I am fired in four weeks. I probably will not get off light duty in that time as the headaches, memory loss and dizziness still exist and are a problem and my next Neurology appointment is in April. Does this mean my disability claim with them should start back up as soon as they let me go?

WE REPLY: It depends on what your doctor says. Call us at 312-346-5578 to discuss.

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