If you suffer an injury while working, you may have concerns about how filing a workers’ compensation claim could affect your employment. Fortunately, Illinois law is designed so you do not have to choose between medical care and your paycheck. Separating common misconceptions from the actual facts is key to pursuing the benefits you deserve.
Myth 1: Your employer can fire you for any reason
While Illinois is an at-will employment state, filing a workers’ compensation claim is a protected activity. Your employer cannot legally fire, demote or harass you for exercising your rights as an injured employee. Unfortunately, some may still respond with retaliation after you initiate a claim, including:
- Sudden, unexplained negative performance reviews
- Reduction in working hours
- Undesirable shift changes
- Exclusion from meetings or professional opportunities
If you notice these behaviors, you may receive other damages in addition to workers’ compensation.
Myth 2: You can lose your job if you cannot perform your old duties
If your injuries are severe enough that it limits your mobility, your physician may prescribe light-duty restrictions while you recuperate. Your employer must either accommodate those restrictions or, if they cannot, allow you to remain off work while receiving Temporary Total Disability (TTD) benefits. Being temporarily injured is not a valid reason for your employer to fire you.
Myth 3: You will be unemployable in the future for filing a claim
Workers’ compensation in Illinois is a no-fault insurance system, not a personal lawsuit. Pursuing these benefits is your right as an employee and is a standard business practice. Moreover, the process is generally confidential and will have no bearing on your future job prospects.
Protecting your health and your livelihood
Seeking compensation after a work injury should not jeopardize your professional future. If you face pushback or unfair treatment from your employer, a lawyer can help you secure your legal benefits while safeguarding your career.