Can I be fired after getting hurt at work in Illinois?

Can my employer fire me for filing a workers' comp claim?

No. The Workers' Compensation Act makes it unlawful to fire you, threaten to fire you, or refuse to bring you back because you used your rights under the Act (820 ILCS 305/4(h)). The Illinois Supreme Court recognized a lawsuit for it in 1978 and held that punitive damages can be awarded when the facts support them (Kelsay v. Motorola, Inc., 74 Ill. 2d 172 (1978)).

You don't need a filed claim to be protected. An employee who alleged she was fired for asking for medical care after a work injury was allowed to go forward, because asking for care is the first step in using the Act (Hinthorn v. Roland's of Bloomington, Inc., 119 Ill. 2d 526 (1988)).

Then how do employers get away with it?

They give a different reason. An Illinois employer can still fire an at-will employee for something unrelated to the claim, and it doesn't have to hold a job open for someone who medically can't do it (Hartlein v. Illinois Power Co., 151 Ill. 2d 142, 160 (1992)). If the employer offers a reason and the judge or jury believes it, the claim fails. The burden of proving the real reason stays with you (Michael v. Precision Alliance Group, LLC, 2014 IL 117376).

So these cases are won on timing and paper. A clean record that fills with write-ups the month after the injury report. A reason in the termination letter that doesn't match what the company told the unemployment office.

Does getting fired end my workers' comp claim?

No. The claim follows the injury, wherever you work now. Two deadlines control it. Your employer has to be told about the accident within 45 days (820 ILCS 305/6(c)). The claim has to be filed with the Workers' Compensation Commission within three years of the accident, or two years after the last comp payment if any were made, whichever is later (820 ILCS 305/6(d)).

Comp covers medical bills and part of your lost pay. It pays nothing for pain, and you can't sue your employer for that (820 ILCS 305/5(a)).

Can I sue someone other than my employer?

Often, and this is the case people miss. The bar on lawsuits protects your employer. If another company's equipment or driver caused the injury, you can sue that company for what comp leaves out (820 ILCS 305/5(b)). The forklift has a manufacturer and usually an outside company that services it. The truck at the dock belongs to a carrier. On a construction site there's a general contractor above your boss.

That lawsuit has to be filed within two years of the injury (735 ILCS 5/13-202), or within one year if the other party is a city, a county, a school district or another local government (745 ILCS 10/8-101(a)). Your employer is entitled to be repaid its comp payments out of what you recover (820 ILCS 305/5(b)), so the math needs a lawyer.

What if I quit, or was pushed out?

The retaliation lawsuit requires an actual firing. An Illinois appellate court refused to stretch it to employees who were demoted and transferred and then argued the change amounted to a discharge (Welsh v. Commonwealth Edison Co., 306 Ill. App. 3d 148, 153 (Ill. App. Ct. 1999)). Don't resign before you talk to a lawyer.

How long do I have?

It depends on the claim, and the deadlines don't match.

The retaliation lawsuit against a private employer falls under the five-year statute for civil actions not otherwise provided for (735 ILCS 5/13-205), as an appellate court held in Henon v. Lever Brothers Co., 114 Ill. App. 3d 608 (Ill. App. Ct. 1983).

If your employer is a city, a county, a school district or another local government, treat the deadline as one year (745 ILCS 10/8-101(a)). One appellate panel applied the one-year rule to a retaliation claim against a county (Halleck v. County of Cook, 264 Ill. App. 3d 887 (Ill. App. Ct. 1994)). A later panel held that five years applies when the retaliation was for using comp rights (Collins v. Town of Normal, 2011 IL App (4th) 100694, ¶ 21). Don't bet your case on which one a court follows.

The Illinois Supreme Court has made one part of this clear. A public employer has no immunity for firing someone for using comp rights (Smith v. Waukegan Park District, 231 Ill. 2d 111 (2008)). That case was about immunity, not the deadline, so the one-year planning date stands.

If the injury left you with restrictions and the firing is tied to them, there may be a disability claim as well. A charge with the Illinois Department of Human Rights is due within two years (775 ILCS 5/7A-102(A)(1)). A federal charge with the EEOC is due within 300 days in Illinois (42 U.S.C. § 2000e-5(e)(1)).

What should I do this week?

• Screenshot every text with your supervisor from the day you were hurt forward.
• Write down the company name on the equipment or the truck.
• Get your termination paperwork. If you filed for unemployment, get what your employer told the state about why you were let go.
• Don't sign a severance agreement until a lawyer has read it. A release can't settle the amount of your comp benefits without the Commission's approval (820 ILCS 305/23). It can end the retaliation case in one paragraph.

Working with GB Law

GB Law starts with the facts and tells you which claims you have. A case like this often needs more than one lawyer, one for the injury and one for the job. Where a claim belongs with a trial firm or another attorney we work with, we make the introduction and you know who is handling what.

Questions people ask

Can I be fired while I'm on workers' comp?

Yes, if the reason is real and unrelated to the claim. An employer may fire an employee for excessive absences even when a work injury caused them (Hartlein, 151 Ill. 2d at 160). What it can't do is use the absences as cover for punishing the claim.

My doctor released me and they won't take me back. Is that legal?

Refusing to rehire or recall an employee to a suitable position because she used her comp rights is unlawful under the same section that bars firing her (820 ILCS 305/4(h)). The fight is over the reason.

Do I have to take the light-duty job they offered?

If your absence is also running as FMLA leave, federal rules say you may turn down a light-duty offer and stay on unpaid leave until your 12 weeks run out. You may lose your comp wage payments by doing it (29 C.F.R. § 825.702(d)(2)). Talk to your comp lawyer before you say no.

They said it was attendance. Now what?

That one gets its own article: "Can my employer fire me for attendance points I got while out with a work injury?"