Marc Alberts

If you’ve been hurt on the job and are getting workers’ compensation benefits, the idea of losing your job can be terrifying. Unfortunately, many Illinois workers ask the same question right after they get hurt: “Can I be fired while on workers’ comp in Illinois?”

The short answer is: you can be fired while you have a pending workers’ comp claim, but you cannot legally be fired because you exercised your right to file that claim. Understanding the difference—and what you can do about it—can make a huge impact on your health, your income, and your future.

 

How Workers’ Comp and At-Will Employment Work Together

Illinois is an “at-will” employment state. That usually means your employer can let you go for almost any reason, or no stated reason at all, as long as it’s not an illegal reason such as discrimination or retaliation.

Filing a workers’ comp claim is a protected right. Your employer cannot legally fire you simply because you got hurt at work or because you filed, or plan to file, a workers’ compensation claim.

 

That leads to three key points:

1. Your employer can still make business decisions.
   They may restructure, lay off employees, or close departments. Those decisions can affect you even if you’re on workers’ comp, but the real motive matters.

2. Your employer cannot fire you in retaliation for your claim.
   Terminating you because you reported a work injury, asked for medical care, or filed a claim is unlawful retaliation.

3. Workers’ comp benefits and your job status are related—but separate.
   Being fired does not automatically kill your workers’ comp case. You may still be entitled to medical care, wage benefits, and a settlement, depending on the facts.

Retaliation for Filing a Workers’ Comp Claim

Sometimes retaliation is obvious. Other times, it’s subtle. Employers rarely say, “We’re firing you because you filed a claim.” Instead, they look for cover reasons or start building a paper trail.

Common signs that may suggest retaliation include:

• Sudden negative reviews or write-ups after years of good performance

• Being written up for minor rule violations that were ignored before your injury

• Being demoted, reassigned to bad shifts, or given impossible tasks after you report the injury

• Comments like “we don’t need people who can’t pull their weight” or “claims cost us money”

• Being fired shortly after filing a claim or after your doctor keeps you off work

If you’re noticing these patterns, start documenting what’s happening. Keep copies of emails, write down dates and comments, and save any written discipline you receive. This paper trail can be important if your termination needs to be challenged.

 

What Happens to My Benefits if I’m Fired?

One of the biggest fears injured workers have is that losing the job means losing all benefits. The reality is more nuanced.

 

Medical treatment

If you have a valid workers’ compensation claim, your right to reasonable and necessary medical treatment related to your work injury does not disappear just because the employer fired you. If the claim is accepted, the workers’ comp carrier is generally still responsible for paying your injury-related care, subject to disputes about what’s “reasonable and necessary.”

 

Wage loss and temporary disability benefits

If you’re off work because your doctor has you on restrictions or totally off duty, you may be entitled to temporary total disability (TTD) benefits or similar wage loss benefits. Being fired can complicate the analysis, but it doesn’t automatically end those benefits.

 

Key questions include:

• Are you still unable to work, or limited by restrictions, because of the work injury?

• Was there suitable light-duty work actually offered to you before your termination?

• Was the firing legitimately unrelated to your work injury or a pretext?

In some situations, you may still be entitled to wage benefits even after termination. In others, the insurance company may try to cut off payments and blame you for the loss of income. That’s often when having a workers’ comp lawyer becomes critical.

 

Settlement value

Being fired can sometimes increase the value of your case, particularly if it limits your ability to return to your former line of work or if the termination clearly relates to the injury. In other circumstances, the insurance company may try to argue the opposite. Either way, termination is a factor that needs to be carefully addressed when negotiating a settlement.

 

Common Mistakes Injured Workers Make

When you’re hurt, worried, and frustrated, it’s easy to make decisions that feel good in the moment but hurt your case.

Some common mistakes include:

• Quitting out of anger or embarrassment.
  Walking off the job or resigning can give the employer and its insurer ammunition to say you “chose” not to work, rather than being forced off by injury or retaliation.

• Minimizing symptoms to “be a team player.”
  Saying you’re fine when you’re not, refusing restrictions, or forcing yourself to do more than your doctor allows can hurt both your health and your claim.

• Posting about your case or employer on social media.
  Insurance companies may comb through your posts for anything they can twist: photos, comments, or jokes. Even innocent posts can be misused.

• Waiting too long to get legal advice.
  Problems often start early, when forms are filled out, first statements are given, and light duty is first discussed. Getting guidance sooner rather than later helps you avoid missteps.

When to Talk to an Illinois Workers’ Compensation Lawyer

Not every work injury requires a lawyer. But there are clear red flags that mean you should talk to someone sooner rather than later, including:

• The insurance company has denied your claim or stopped paying benefits

• You’re being pushed back to full duty before you’re ready

• Your employer is ignoring your doctor’s restrictions

• You’re being written up or disciplined after filing a claim

• You’re worried about being fired—or it has already happened

• The insurance company is pushing you to settle, and you’re not sure if the amount is fair

A Chicago workers’ compensation lawyer can:

• Explain your rights in clear, practical terms

• Deal with the insurance company so you don’t have to

• Challenge improper denials or terminations of benefits

• Coordinate workers’ comp with any third-party injury claims (such as a negligent driver or property owner)

• Negotiate a settlement that accounts for both your current and future needs

Questions to Ask in a Free Consultation

When you sit down with an attorney—or talk by phone or video—consider asking:

• How does being fired affect my workers’ comp benefits in my specific situation?

• Are there signs of retaliation, and what can we do about it?

• What deadlines apply to my claim, and what happens if we miss them?

• Do I have any potential claims against someone other than my employer?

• How do your fees work, and what costs should I expect?

Ready to Talk With a Chicago Workers’ Compensation Lawyer?

If you’re asking “Can I be fired while on workers’ comp in Illinois?” you’re already dealing with enough stress. You shouldn’t have to navigate complex rules, employer pressure, and insurance company tactics alone.

Alberts & Eiler, P.C. brings more than 30 years of combined experience working both for and against insurance companies, over 100 jury trials as a team, and a deliberately small caseload so we can stay hands-on with every file. We represent injured workers in Chicago, Aurora, Springfield, Rockford, Peoria, and throughout Illinois.

We offer free, confidential consultations, and you do not pay attorney’s fees unless we secure benefits or financial compensation for you.