You clock in every day, do your job, and then — bam — an injury puts you on the sidelines.
Now, instead of focusing on recovery, you’re stuck wondering: If I file for workers’ comp, will I still have a job to return to?
It’s a fear many workers share, and unfortunately, some employers use that fear to their advantage.
The reality is that workplace injuries are more common than you might think. According to the U.S. Bureau of Labor, in 2023, Illinois private industry employers reported 101,400 nonfatal workplace injuries and illnesses, with an incidence rate of 2.4 cases per 100 full-time workers — matching the national average.
Here’s the deal: The short answer is that your employer cannot fire you just for filing a workers’ compensation claim. That’s retaliation, and it’s illegal under Illinois law.
But there’s a catch: Because Illinois is an at-will employment state, an employer can still let you go for other reasons, like company downsizing or performance issues.
The gray area is where things get tricky. Some employers try to make a legal firing look like something else.
This article breaks down your rights, how to spot wrongful termination, and what to do if you think your employer crossed the line. If you’re facing job loss after a work-related injury, here’s what you need to know.
Workers’ Compensation Protections in Illinois
Suffering a workplace injury is stressful enough — worrying about losing your job after filing a workers’ compensation claim shouldn’t add to that burden. Fortunately, Illinois law protects employees from retaliation when they seek benefits for a job-related injury.
The Illinois Workers’ Compensation Act confirms that employees have the right to file a claim without fear of being fired, demoted, or harassed. Employers cannot punish workers simply for exercising their legal rights.
However, because Illinois is an at-will employment state, companies can still terminate employees for legitimate reasons — such as poor performance, company downsizing, or business restructuring. The big distinction is that an employer cannot fire an employee as retaliation for filing a workers’ comp claim.
Recognizing Retaliation After Filing a Claim
While some terminations are lawful, others may be disguised forms of retaliation. Common warning signs include:
- A sudden change in performance reviews after years of positive feedback
- Being written up or disciplined for minor infractions that were previously overlooked
- A demotion, pay cut, or undesirable shift change without clear justification
- Layoffs that disproportionately affect injured employees
If any of this happens after filing a workers’ compensation claim, it could signal wrongful termination. Employees in this situation should document everything and seek legal advice immediately.
Can You Be Fired After Filing a Workers’ Compensation Claim?
Filing a workers’ compensation claim shouldn’t cost you your job. Illinois law protects employees from being fired because they seek benefits after a workplace injury.
However, that doesn’t mean an employer can’t deny your workers’ compensation claim or fire you for other reasons. Here’s how you can potentially tell the difference.
When a Termination Is Legal
Illinois is an at-will employment state, which means employers can let workers go for almost any reason — poor performance, company downsizing, or even restructuring a department. They’re not required to keep a position open indefinitely just because an employee has filed a workers’ compensation claim.
That said, timing matters. If a company lays off several employees due to financial strain, that’s likely a legal decision.
If a worker with a history of strong performance is suddenly fired right after filing a claim, it raises serious questions.
When a Termination Is Illegal
An employer cannot fire someone because they filed for workers’ compensation. This is considered retaliation, and it’s illegal under Illinois law. Sometimes, retaliation is obvious—a direct firing with no explanation.
More often, though, it’s disguised. An employer might suddenly claim an employee isn’t meeting expectations, issue warnings for minor infractions, or demote them to an undesirable role. Some will call it a layoff, but it only targets employees with active claims.
How to Prove Retaliation
Proving that a termination was retaliatory requires evidence. Emails, performance reviews, termination letters, and even testimony from coworkers can help establish a pattern.
If the employer’s reasoning doesn’t add up—or if others in similar roles weren’t let go—it could point to wrongful termination.
What to Do If You’re Fired After Filing a Workers’ Compensation Claim
Losing your job after filing a workers’ compensation claim can feel like a direct punishment for exercising your rights. While employers have the authority to terminate workers for legitimate reasons, firing someone as retaliation for a workers’ comp claim is illegal.
If you suspect your firing was unfair, taking the proper steps can help protect your rights and build a case against wrongful termination.
Step #1: Gather Evidence
The first and most important step is to document everything. Keep copies of:
- Your termination letter or any written explanation of your firing.
- Performance reviews before and after filing your claim to show if expectations suddenly changed.
- Emails or messages with HR or your supervisor regarding your injury, claim process, or termination.
- Coworker testimony — if others witnessed retaliation, their statements could strengthen your case.
Step #2: Speak with an Illinois Workers’ Compensation Lawye
An attorney can assess whether your termination was legal and help you determine the best course of action. Even if your employer claims the firing was unrelated to your claim, a lawyer can identify inconsistencies and patterns that suggest retaliation.
Step #3: File a Wrongful Termination Claim
If there’s evidence of retaliation, you may be able to file a claim against your employer. This can result in legal action to hold them accountable.
Step #4: Prepare for Potential Outcomes
A successful wrongful termination case can result in several possible outcomes.
In some cases, employees are reinstated to their former positions if it’s determined they were fired unfairly. If returning to the job isn’t an option, the employer may be required to pay back wages for lost income.
Courts can also award damages for emotional distress or financial hardship caused by the firing, and in many cases, the employer may be ordered to cover legal fees.
Each case is different, but if you believe you were fired for filing a workers’ compensation claim, taking action could help you recover what you’ve lost.
If you were fired after filing a workers’ compensation claim, don’t assume you’re out of options. Consulting a Chicago personal injury lawyer can help you take the next steps to fight back.
How a Chicago Personal Injury Lawyer Can Help
Going up against an employer after being fired is no small task. Companies have legal teams, HR departments, and plenty of ways to justify a termination.
Still, that doesn’t mean they’re always in the right. Proving wrongful termination — especially when it’s tied to a workers’ compensation claim — requires a sharp legal strategy, strong evidence, and someone who knows how to fight back.
A Chicago personal injury lawyer can help you gather proof, build a compelling case, and challenge your employer’s claims. Whether through negotiation or litigation, an attorney can work to recover lost wages, secure compensation for damages, and, in some cases, even push for reinstatement.
Without legal guidance, it’s easy for workers to feel powerless — especially when facing medical expenses or an insurance company.
With the right representation, you can turn the tables.