Can You Be Fired While on Workers’ Comp in Illinois?
Can you be fired while on workers’ comp in Illinois? Sometimes, but never because you filed a claim. Illinois law bars employers from firing you, threatening you, or refusing to rehire you for using your workers’ compensation rights. An employer can still end your employment for a valid reason unrelated to your injury claim.
Here is what the law says, how to spot retaliation, and what to do next if your employer lets you go.
What Does Illinois Law Say About Firing an Injured Worker?
Illinois law says an employer cannot discharge or threaten to discharge you for using your workers’ compensation rights. The rule sits in Section 4, subsection h, of the Illinois Workers’ Compensation Act.
Lawmakers added this protection in 1975. It goes further than firing. It also makes it unlawful to refuse to rehire you or recall you to suitable work. Employers, insurance companies, and claims adjusters also cannot interfere with, restrain, or coerce you.
Illinois courts back the rule. In Kelsay v. Motorola, decided in 1978, the Illinois Supreme Court recognized a retaliatory discharge claim. To win, a worker generally must show three things:
- You were an employee before the injury.
- You used a right granted by the Act, such as filing a claim.
- The firing was causally related to that claim.
When Can an Employer Legally Fire You?
An employer can fire you when the reason is valid and not a cover for retaliation. Illinois courts ask whether the stated reason is real or just an excuse.
Most Illinois jobs are at will. That means an employer can end employment for any reason or none, unless the law says otherwise. Retaliation for a workers’ comp claim is one of those exceptions.
So the real question isn’t simply whether you can be fired while on workers’ comp. The real question is why the employer acted. Valid reasons can include:
- A genuine layoff that affects other workers too
- Serious misconduct unrelated to your injury
- A claim the employer can show was fraudulent
Doubt about your injury is not enough. Illinois courts have held that believing a worker is exaggerating, or disputing how serious an injury is, does not count as a valid reason to fire someone.
What Are the Signs of Retaliation?
Warning signs include a firing soon after your report, sudden discipline, and pressure not to file. Timing alone does not prove retaliation, but a pattern of changes after your claim deserves attention.
Watch for these red flags:
- Discipline or poor reviews that appear right after you report the injury
- A change to your leave status without a ruling from the commission
- Comments that discourage you from filing or seeking care
- A refusal to bring you back after your doctor clears you
One reported case shows what this can look like. A warehouse worker hurt his shoulder and filed a claim. His supervisor changed his leave status without a commission ruling and required daily call-ins. He was fired three days later. A jury awarded about $2.65 million, including punitive damages, even though the employer blamed leave policy violations. Cases like this are why Illinois workers’ compensation claims come with real legal protection.
Does a Firing End Your Workers’ Comp Benefits?
Not by itself. A firing does not erase a claim you already have, because your right to medical care and benefits starts with the injury, not the job.
Under Illinois law, temporary total disability benefits pay two-thirds of your average weekly wage. They continue until you reach maximum medical improvement or a doctor clears you to work. Learn how temporary total disability benefits work after a work injury.
If your injury keeps you from returning to your old job, you may also qualify for vocational rehabilitation and maintenance payments.
What Should You Do If You Are Fired?
Save everything in writing, keep treating, and watch your deadlines. Then speak with a workers’ compensation lawyer before you sign anything.
- Ask for the reason in writing. Keep any termination letter, text, or email.
- Write down the dates of your injury report, your claim, any discipline, and your firing.
- Keep every medical record and use your medical care benefits without gaps.
- Know the clock. You must tell your employer about the injury within 45 days. You generally must file a claim within three years of the injury, or two years after the last benefit payment, whichever is later. Review the Illinois workers’ compensation statute of limitations early.
- Hold off on severance or release papers until a lawyer reads them.
FAQs About Being Fired on Workers’ Comp
No. Illinois law bars employers from firing or threatening you for using your workers’ compensation rights, though a valid reason unrelated to your claim can still support a firing.
Not for retaliation. At-will status does not allow an employer to fire you because of a workers’ compensation claim. Illinois courts treat that as an exception to the at-will rule.
No, not because of your claim. The law also makes it unlawful to refuse to rehire you or recall you to suitable work for using your workers’ compensation rights.
Yes. Employers cannot interfere with, coerce, or discriminate against you for using your workers’ compensation rights, including through discipline or threats.
Termination notices, emails, texts, and a dated timeline help most. Add witness names and medical records that show when you reported the injury and filed.
Get Answers Before You Make Your Next Move
Being let go while hurt is frightening, but you have rights. IL Work Injury Lawyer helps injured workers pursue workers’ compensation benefits, and the first consultation is free. You pay no fees unless the firm recovers compensation for you. Contact our team to talk through your situation. Questions such as “Can you be fired while on workers’ comp?” have clear legal answers, and getting them early can help protect your claim.
Legally Reviewed By
Attorney Jonathan Rosenfeld
Content legally reviewed by Jonathan Rosenfeld The information on this page has been legally reviewed by Attorney Jonathan Rosenfeld, founder and managing partner of Rosenfeld Injury Lawyers LLC. With extensive experience representing injured workers across Illinois, Mr. Rosenfeld is dedicated to helping workplace accident victims pursue the maximum compensation available under the law. His extensive legal knowledge and commitment to client advocacy ensure that the information provided is accurate, reliable, and aligned with current legal standards.