Can You Be Fired While on Workers’ Comp?
When you have an active workers’ compensation claim, you are entitled to collect workers’ compensation benefits for an injury sustained on the job. Your employer is required by law to provide workers’ compensation insurance coverage from your start date, and while that grants you some protections, it might come as a shock if you are suddenly fired while on workers’ comp.
Is it legal? The short answer is that it all depends on the reason for termination during workers’ compensation. Hipskind & McAninch, LLC, is dedicated to protecting Illinois employees’ rights during workers’ compensation claims. This blog discusses job termination while on workers’ comp, when it is legal, and when it is grounds for a wrongful termination lawsuit.
Understanding Workers’ Compensation and Its Purpose
Illinois employers are required to provide workers’ comp benefits from an employee’s first start date. It is a no-fault system, meaning that you do not need to prove negligence to receive benefits. In order to receive workers’ comp benefits, you must be injured on the job, either in a workplace accident, through repetitive strain injuries, or by exposure to substances that cause you to develop a chronic illness.
When you file a workers’ comp claim, it starts by reporting your workplace injury to your employer. You can then collect workers’ compensation benefits that provide full coverage for your medical treatment and partial replacement of lost income. A workers’ compensation claim can be filed by any full-time, part-time, or seasonal employee to help them until they are cleared to return to work, or in cases of disabling injuries, retrained to fulfill the duties of another job.
Overview of Legal Rights of Workers While on Illinois Workers’ Comp
Illinois workers’ compensation laws provide certain rights to injured workers, including:
Medical Care Coverage
Your employer must pay for all necessary medical treatment that you need. Their workers’ compensation insurance company will provide full coverage for medical benefits related to your work injury, such as doctor visits, hospital care, surgeries, physical therapy, and medication.
Choice of Medical Provider
Injured employees who file a workers’ compensation claim can also select their own doctor for treatment.
Wage Replacement
When you suffer a workplace injury, you have the right to recover lost wages. These benefits are issued at 66% of your average weekly wage. Depending on your injuries, you may qualify for Temporary Total Disability (TTD) for when the doctor says you cannot work; Temporary Partial Disability (TPD) if you are cleared to return to work at reduced pay due to your injury restrictions; or Permanent Disability, where you will receive compensation for permanent, partial, or total disability at the point you reach Maximum Medical Improvement (MMI).
Right to Appeal
If your benefits for your workers’ compensation claim are denied, you have the right to appeal with the Illinois Workers’ Compensation Commission (IWCC). As appeals are more complex, it is best to have workers’ compensation lawyers help you navigate the process.
Protection from Retaliatory Termination
When you suffer work-related injuries and have a workers’ comp claim, the law protects you from termination in certain circumstances. It is important to understand that Illinois is an at-will state, and that means employers can fire employees at any time, with or without reason or notice.
Can an employer fire you while on workers’ compensation? You can be fired while on workers’ compensation; however, it is illegal for an employer to fire workers specifically for exercising the legal rights granted to them under the Workers’ Compensation Act.
Factors That Could Lead to Termination While Receiving Workers’ Compensation Benefits
You can’t be fired for filing a workers’ comp claim, and if your employer does that, it is considered wrongful termination. Since Illinois is an at-will employment state, your employer can fire you for other valid, non-discriminatory reasons.
Understanding Compliance with State and Federal Laws
First, employers are bound by state and federal laws that they must comply with, including the prohibition of retaliatory firing. No employer can fire you for reporting an injury, filing a workers’ compensation claim, or hiring an experienced attorney.
Secondly, if your injury qualifies, you may also be protected by the Family and Medical Leave Act (FMLA) even while receiving workers’ compensation. Finally, you are also protected by the Americans with Disabilities Act (ADA), meaning your employer needs to find reasonable accommodations for your injuries.
Keep in mind that your employer does have the right to terminate you for any legal reason. Understanding the difference between what is valid and what isn’t can help you determine if you need a workers’ compensation attorney to help you take the next steps.
Valid Reasons for Termination
- Proven poor job performance that was documented prior to your injury
- You violated safety rules
- Refusing to take on light duty or modified duty that fits your medical restrictions from the doctor
- Misconduct, such as violating company policies, theft, or fraud
- Legitimate business reasons, such as layoffs or downsizing, as long as you are not specifically targeted due to your workplace injury
- You’re unable to return, and no reasonable accommodation can be provided by your employer without them enduring undue hardship
- You’ve reached Maximum Medical Improvement (MMI) and are either cleared for work but do not return, or you are deemed by medical professionals to be permanently disabled to the point that you cannot perform the duties of your job
Retaliatory or Invalid Reasons
- Filing a workers’ compensation claim for your injury
- Firing because the insurance premium increased when you reported your injury
- Your employer believes you faked the injury
- Your employer is unhappy that it is taking too long for you to recover
If you were fired while on workers’ compensation in Illinois and it was a retaliatory discharge, contact our experienced team of attorneys for a free consultation.
How Workers Can Protect Themselves Legally While Filing a Workers’ Compensation Claim
Workers’ comp involves taking the right actions to protect yourself after being injured at work. You will want to immediately report the injury to your employer in writing while keeping strong documentation throughout the process. Get copies of every relevant paper as an extra measure of protection.
When you seek medical attention for your injuries, you should tell the doctor that your injury is work-related. Be consistent in your description of how the injury occurred and the symptoms you experience. These will be detailed on the medical records that you’ll need to submit with medical bills for your claim to your employer’s workers’ comp insurance company.
One of the most important things is being prompt about taking these actions. Delaying treatment signifies that your injuries aren’t as serious as you claim them to be and can result in the denial of your claim. It can also cause you to miss filing deadlines, which will keep you from getting your benefits.
Most employers know the law and will file your injury report with the IWCC right away. However, some may not have this coverage even though the law requires it, and others may become vindictive, harassing you or even terminating your employment because you filed a claim. If you feel any pressure, your claim is denied, or your benefits are cut, make sure you speak with a workers’ compensation lawyer as soon as possible to have an advocate on your side.
Steps to Take If You Believe You’ve Been Wrongfully Terminated While On Workers’ Compensation
While most employers do the right thing, some employers fire workers because they’ve submitted a workers’ comp claim. If there are no legitimate reasons for your firing, such as performance issues prior to your injury on the job, then take these steps:
Document Everything
Make a detailed timeline that includes the date of your injury, when you filed your claim, and your termination date. You’ll also want to organize a file that includes your employment contract, employee handbook, termination letter, any emails related to your claim, and your performance reviews.
Seek Legal Counsel
A workers’ compensation attorney can help you determine whether you were wrongfully terminated from your job position after suffering work-related injuries. They can help you recover lost wages and other damages as a result. They will also help you report to the IWCC, the Equal Employment Opportunity Commission (EEOC) if you were terminated due to discrimination for a disability, as well as the Occupational Safety and Health Administration (OSHA) if your termination was retaliation for reporting a safety issue that led to your injuries.
The Role of Hipskind & McAninch, LLC in Offering Legal Advice and Representation When Employers Fire Injured Workers
If you were fired from your job while on workers’ comp, your employer is not legally allowed to do that in retaliation for filing your claim. It can be a challenge to prove that your employer wrongfully terminated you, as they will try to spin it in a way that aligns with legal reasons.
The workers’ comp attorneys at Hipskind & McAninch, LLC, help injured workers in Illinois fight back and get the settlement they deserve. Contact our experienced legal team today for a free initial consultation to discuss your work injury.
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