What should I do if I’ve been fired after being injured at work? Who can I talk to?

What to do fired after being injured at workIllinois Workers’ Compensation Law Prohibits Unlawful Termination After an Accident

The Illinois Workers’ Compensation Act ensures that employees who are injured while on the job receive the medical treatment they need in order to heal from their injuries. It also provides financial compensation to help the worker pay his or her bills and living expenses while out of work due to the injury. Unfortunately, an employer may attempt to avoid its responsibilities after a work-related injury by terminating or retaliating against the employee.

Have you been fired because you were injured at work? We can help! The Illinois workers’ compensation attorneys of Franks Gerkin McKenna have extensive experience working with clients to protect their rights under the Illinois Workers’ Compensation Act.

What should I do if I’ve been fired after being injured at work? Who can I talk to?

Firing you because you were injured in a workplace accident is illegal. However, we do see it happen.

The Illinois Workers’ Compensation Act prohibits an employer from discriminating, retaliating, or firing you for the sole reason being that you were injured in a workplace accident.

However, Illinois is an “at will” employment state. Meaning, your employer can fire you at any time for any legitimate reason. Therefore, it’s not necessarily illegal for your employer to fire you if you are injured in a workplace accident. Provided the employer is not firing you only for the work-related injury.

For example, if you had a work-related injury, but you also showed poor work performance prior to your injury, and/or you were late to work, etc., and your employer had evidence of this, then you could be fired after your workplace injury.

If your employer fires you after you are injured at work, contact our office immediately to discuss your legal options. You may have the right to sue your employer if it violated Illinois workers’ compensation laws. Our experienced McHenry County workers’ compensation lawyers investigate the circumstances surrounding your termination to determine if it is legal or illegal.

Does being fired from my job affect my workers’ compensation benefits?

After being injured in a work-related accident, the insurance company for your employer will pay for your medical treatment. In addition, you will receive temporary total disability benefits (TTD) until you are able to return to work or your claim is settled. TTD is designed to provide financial support during your recovery.

These benefits will not be terminated if your employer fires you before your workers’ compensation claim is settled. This is the case regardless of whether your employer fires you for misconduct, lack of work, or some other reason. If you believe you are being fired because you were injured, that is not permitted and you need to contact our office immediately.

Can I collect unemployment if I was injured at work, collected worker’s compensation, but then was terminated from my position?

Most likely, yes. If you were terminated for cause in Illinois, you’re not entitled to unemployment compensation. However, in all other circumstances yo,u would be eligible for both.

If your doctor orders you completely off from work, then you’ll be eligible to receive worker’s compensation. If you’re able to go back in a limited or capacity, then that’s where you’re eligible for both workers’ compensation and unemployment.

Contact a McHenry County Workers’ Compensation Attorney

The attorneys of Franks Gerkin McKenna have been working with clients throughout McHenry County and Boone County since 1972. We understand how stressful and frightening it can be when you suffer a workplace injury and we want to help reduce the stress of dealing with a workers’ compensation claim so you can focus on what is most important—healing from your injuries.

Put our knowledge, experience, and determination to work for you and receive the compensation you deserve.