Can I Be Fired for Filing a Workers’ Compensation Claim?

Getting hurt on the job in Chicago is stressful enough. Worrying about your employment on top of it makes things worse. The short answer is no, your employer cannot legally fire you for filing a workers’ compensation claim in Illinois. The law protects you. But knowing your rights and actually enforcing them are two different things, and that gap is where many injured workers get hurt twice.

Table of Contents

• Illinois Law Prohibits Firing Workers for Filing a Workers’ Compensation Claim
• What Counts as Retaliation Under Illinois Workers’ Compensation Law
• Three Elements You Must Prove in a Retaliatory Discharge Case
• What Damages Can You Recover for Retaliatory Discharge in Illinois
• Time Limits for Filing a Retaliatory Discharge Claim in Illinois
• How Briskman Briskman & Greenberg Can Help You Fight Back
• FAQs About Being Fired for Filing a Workers’ Compensation Claim in Chicago

Illinois Law Prohibits Firing Workers for Filing a Workers’ Compensation Claim

The Illinois Workers’ Compensation Act, 820 ILCS 305/4(h), plainly prohibits a retaliatory discharge for the exercise of workers’ compensation rights. This is not a gray area. The law draws a clear line.

Section 4(h) of the Illinois Workers’ Compensation Act provides that “it shall be unlawful for any employer to coerce or discriminate against, harass, refuse to rehire or recall, fire or threaten to fire or force to resign” any worker in retaliation for filing a workers’ compensation claim. That language covers a wide range of employer conduct, not just outright termination.

Since Kelsay v. Motorola, Inc., 74 Ill.2d 172 (1978), Illinois has recognized a tort claim for retaliatory discharge when an employer discharges an employee for exercising his or her rights under the Illinois Workers’ Compensation Act. This protection has been part of Illinois law for decades and courts continue to enforce it.

Although most Illinois workers are employed at-will, employers cannot terminate someone for reasons that violate public policy. Filing a workers’ compensation claim is protected activity, so at-will status does not excuse retaliation. Many employers lean on “at-will” employment as a shield, but it does not hold up when the real reason for firing is a workers’ compensation claim.

Whether you work near the Loop, in a warehouse along the I-55 corridor, or at a facility in the South Side industrial corridor, this protection applies to you. Your job title and industry do not change your rights under the Act. If you have questions about a work injury and what comes next, speaking with a lawyer early is always the right move.

What Counts as Retaliation Under Illinois Workers’ Compensation Law

Retaliation does not always look like a pink slip. Employers sometimes take smaller steps first, hoping to push a worker out without making it obvious.

Retaliation can include demotions, pay cuts, harassment, or disciplinary actions. Any of these, tied to your workers’ compensation claim, can form the basis of a legal case.

Reduced hours, undesirable shifts, or forced job changes may be attempts to push you out, known as constructive discharge. Employers may also issue unfair performance reviews or assign tasks beyond your medical restrictions. These tactics can build a false justification for termination.

Seeking medical treatment for a work-related injury is a protected activity under the Illinois Workers’ Compensation Act. Stopping work to report a work-related injury and then requesting medical treatment for a work-related injury is protected activity under the Act. You do not have to formally file a claim before protection kicks in.

Co-workers who are called to testify in a workers’ compensation hearing for another employee have also engaged in protected activity under the Illinois Workers’ Compensation Act. In Pietruszynski v. McClier Corp., 338 Ill.App.3d 58, 63-64 (1st Dist. 2003), the court held that two employees who participated in a workers’ compensation hearing as witnesses for a co-worker’s claim engaged in protected activity under the Act. An employer who terminates an employee for participating in a co-worker’s workers’ compensation hearing as a witness has retaliatory discharge liability.

Think about a construction worker at a job site near McCormick Place or a factory employee working near the Calumet industrial area. If either of them reports an injury and then suddenly faces write-ups, schedule changes, or termination, the law gives them a path forward. An experienced workers’ compensation lawyer can help you identify whether what happened to you crosses the legal line.

Three Elements You Must Prove in a Retaliatory Discharge Case

Winning a retaliatory discharge case requires more than showing that you were fired after filing a claim. Illinois courts apply a specific three-part test.

To state a cause of action for retaliatory discharge under Illinois law, the employee must show: (a) his or her status as an employee of the defendant employer prior to the injury; (b) his or her exercise of a right protected by the Workers’ Compensation Act; and (c) that the discharge was causally related to the filing of the workers’ compensation claim or other protected action.

The third element, causation, is often the hardest to prove. Employers rarely admit the real reason for a firing. They use terms like “restructuring,” “performance issues,” or “budget cuts.” The timing of the termination matters here. A firing that happens days or weeks after a claim is filed raises serious questions.

Employers sometimes delay termination to hide this link, but courts evaluate timing and reasoning closely. Even if an employer claims the termination was due to performance or restructuring, the details matter. If their behavior changed after your injury or claim, it may indicate workers’ compensation retaliation in Illinois.

Often, employers will have a pretext for termination, and a thorough review of the facts and an investigation should be conducted to help an employee who has been fired. Gathering emails, text messages, performance reviews, and witness statements can make or break a case. A workers’ compensation lawyer can help you build that record before evidence disappears.

What Damages Can You Recover for Retaliatory Discharge in Illinois

If you succeed in a retaliatory discharge claim, the compensation available goes beyond what a standard workers’ compensation claim provides.

As opposed to workers’ compensation awards, there are no limits on the amount of monetary damages you could recover from your employer in a retaliatory discharge lawsuit. That is a significant distinction. Workers’ compensation benefits are calculated by formula. Retaliatory discharge damages are not capped the same way.

Recoverable damages in a retaliatory discharge case typically include lost wages from the time of firing, the value of lost benefits, and compensation for emotional distress. Courts can also award punitive damages in serious cases where an employer’s conduct is found to be particularly egregious.

After being fired, the law requires you to mitigate your damages. You must attempt to lessen the amount of lost wage damages resulting from the unlawful termination by using your best efforts to secure a new job. This means you should document your job search carefully. Courts expect to see that effort.

Also important: the Illinois Workers’ Compensation Act itself contains a separate fraud protection provision. Under the Act, 820 ILCS 305 makes it unlawful for any employer, insurance carrier, or third-party administrator to file or threaten to file a fraud report against an employee simply because the employee exercised rights granted by the Act. Using a fraud threat as a weapon against a legitimate claim is itself a violation of the law.

Workers in Chicago neighborhoods from Bridgeport to Pilsen to Hegewisch deserve to know that the law is on their side. If your employer has retaliated against you, contact a workers’ compensation lawyer to understand what your case may be worth.

Time Limits for Filing a Retaliatory Discharge Claim in Illinois

Time is a real factor in these cases. Miss a deadline and you may lose your right to pursue the claim entirely.

The statute of limitations for the tort of retaliatory discharge for exercising your rights under the Illinois Workers’ Compensation Act requires an employee to file suit against his or her employer within five years from the date of the termination. Five years sounds like a long time, but evidence fades, witnesses move on, and employers destroy records. Acting early protects your case.

However, if the employer is a local government entity such as a county, municipality, or village, the statute of limitations requires the employee to file suit against his or her governmental employer within one year of the termination. Chicago police officers, city workers, CTA employees, and other government workers need to pay close attention to this shorter window.

The clock starts running on the date of termination, not the date you realized the firing was retaliatory. Waiting to “see how things play out” can cost you your rights. If you were fired from a job near O’Hare, in the River North area, or anywhere else in the Chicago metro, the deadline applies the same way.

Steps you can take right now to protect yourself include saving all written communications from your employer, writing down the timeline of events in detail, and identifying any co-workers who witnessed what happened. Filing an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission also creates an official record that your employer knew about your claim. Reach out to a workers’ compensation lawyer to get this process started correctly.

How Briskman Briskman & Greenberg Can Help You Fight Back

At Briskman Briskman & Greenberg, we represent injured workers across Chicago and the surrounding area who have been treated unfairly after filing a workers’ compensation claim. We know how these cases work, and we know how employers try to cover their tracks.

Our firm handles both the underlying workers’ compensation claim and any retaliatory discharge action that follows. You should not have to choose between getting medical benefits and keeping your job. The law says you are entitled to both, and we fight to make sure you get what you are owed.

Working with a Chicago personal injury lawyer at our firm means having someone in your corner who understands Illinois law, the Illinois Workers’ Compensation Commission, and how to build a case that holds up. We handle workers’ compensation claims on a contingency basis, meaning you pay no attorney fees unless we recover compensation for you. Under the Illinois Workers’ Compensation Act, attorney fees in workers’ compensation cases are regulated and must not exceed the limits set by the Commission. You will not face surprise charges.

If you were fired, demoted, harassed, or pushed out after reporting a workplace injury, do not wait. Call Briskman Briskman & Greenberg at (312) 222-0010 for a free consultation. You have rights. Let us help you use them.

FAQs About Being Fired for Filing a Workers’ Compensation Claim in Chicago

Can my employer fire me while my workers’ compensation claim is still open?

An employer can terminate your employment while a claim is pending, but not because of the claim. If the firing is connected to your claim, that is retaliatory discharge under Section 4(h) of the Illinois Workers’ Compensation Act, 820 ILCS 305/4(h), and it is illegal. The fact that you are still receiving benefits does not protect you from being fired for a legitimate, unrelated reason, but it does make the timing suspicious. Courts look closely at whether the reason given is real or just a cover story.

What if my employer says I was fired for poor performance, not for my claim?

That is one of the most common defenses employers use. Illinois courts do not simply accept that explanation at face value. They look at the timing, your prior performance history, whether discipline started after your injury, and whether similarly situated employees who did not file claims were treated differently. If the performance issues appeared only after you filed your claim, that pattern matters. An attorney can investigate the facts and help you challenge a pretextual reason for termination.

Do I have to formally file a workers’ compensation claim before I am protected from retaliation?

No. Protection begins earlier than many workers realize. Seeking medical treatment for a work-related injury and reporting the injury to your employer are both protected activities under the Illinois Workers’ Compensation Act. You do not have to file a formal Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission before the anti-retaliation protections apply. The key is that you exercised some right or benefit granted by the Act.

Can I pursue a retaliatory discharge lawsuit and a workers’ compensation claim at the same time?

Yes. These are two separate legal claims. Your workers’ compensation claim goes through the Illinois Workers’ Compensation Commission and covers your medical bills, lost wages, and disability benefits. Your retaliatory discharge lawsuit is filed in circuit court and seeks damages for the illegal firing itself, including lost wages, lost benefits, and potentially punitive damages. One claim does not cancel out the other, and pursuing both is often the right approach for workers who have been harmed in both ways.

How do I prove my employer knew about my workers’ compensation claim when they fired me?

Filing an Application for Adjustment of Claim with the Illinois Workers’ Compensation Commission creates an official record and makes it very difficult for an employer to claim ignorance. Beyond that, evidence of employer knowledge can include emails, text messages, conversations with supervisors, HR records, and testimony from co-workers. Documenting everything from the moment you report your injury is critical. The sooner you start building that record and speak with an attorney, the stronger your position will be.

More Resources About Frequently Asked Questions

• What If My Employer Has No Workers’ Compensation Insurance?
• What If My Workers’ Compensation Claim Is Denied?
• Can I Sue My Employer for a Workplace Injury?
• Can I Receive Workers’ Compensation and Social Security Disability?
• How Long Do I Have to File a Workers’ Compensation Claim in Illinois?
• What Is My Chicago Workers’ Compensation Case Worth?
• How Long Does a Workers’ Compensation Claim Take?
• Do I Need a Workers’ Compensation Lawyer?
• What Happens If My Injury Gets Worse After I Return to Work?