Can I get fired if I file a Workers' Compensation case?
I wish I could give you a guarantee that you will not be fired. But unfortunately, I cannot. Sometimes, employers do react negatively when their employees file Workers' Compensation cases — and termination/discharge does occasionally occur. A 2016 study out of New England indicated that injured workers are at a higher risk to lose their jobs. Thankfully, at least in my experience, I see this in less than 10% of my cases. But it can and does occur. The Illinois Supreme Court has specifically interpreted the Workers' Compensation statute as providing a civil remedy to workers fired for exercising their rights under the statute. If an injured employee is fired for filing a Workers' Compensation claim, the affected employee may file a Retaliatory Discharge lawsuit, seeking to recover lost wages and other damages resulting from the termination.