Can You Be Laid Off While on Workers’ Comp in Illinois?

On Behalf of Johnston Law Offices P.C.   |   Feb 18, 2025   |   Workers’ Compensation ,

Sustaining a severe injury at work is bad enough, but losing your job after such an injury is a massive blow. Not only are you dealing with the effects of your injury, but now you also have to worry about finding a new job and making ends meet. Is this legal? Can Illinois employers lay you off when you’re collecting workers’ compensation benefits?

In short, yes, your employer can lay you off you while you’re receiving workers’ comp in Illinois. There’s a crucial caveat, though: Your employer can’t lay you off for discriminatory reasons or in response to you filing a workers’ compensation claim. Read on for more info on this vital issue for injured Illinois workers.

When Your Employer Can Fire You If You’re on Workers’ Comp

Illinois is an at-will employment state, meaning your employer can fire you for almost any reason. However, there are some exceptions to this rule, such as:

  • Your employer can’t fire you based on discrimination over things like your age, gender, race, pregnancy, etc.
  • Your employer can’t fire you in retaliation for filing a workers’ comp claim or similar legal action (such as a workplace discrimination claim).

The issue with these exceptions is that it’s hard to prove why an employer fired you. For example, your employer might say they needed to cut costs even though they’re really firing you because you filed a workers’ comp claim. If you suspect your employer fired you in retaliation for filing a workers’ comp claim, talk to a lawyer immediately.

What Happens to Your Workers’ Comp Benefits if You’re Fired?

Even if you’re fired after sustaining a work-related injury, your employer must cover your medical treatments through workers’ comp until you either fully heal or reach maximum medical improvement (MMI), meaning your injuries won’t improve with further treatment. If your injury leaves you fully unable to work, you might still receive disability benefits until you heal or reach MMI. Talk to an attorney if you have further questions about workers’ comp benefits after your employer lays you off.

What To Do if You Suspect Retaliation by Your Employer

If you believe your employer fired you in retaliation for filing a workers’ comp claim, take these steps to protect your legal rights:

  • Document Everything: Keep a detailed record of any interactions or emails related to your workers’ comp claim and your termination. This documentation can be crucial evidence if you need to prove retaliation.
  • Review Your Employment Contract and Company Policies: Look through your employment agreement and company policies to confirm your rights regarding workers’ comp claims. Knowing your rights strengthens your case if the termination violates established policies.
  • File a Retaliation Complaint: Many states, including Illinois, have laws that protect workers from retaliation. Talk to your lawyer about which government agency would handle your claim and initiate an investigation into your firing.
  • Consult a Workers’ Comp Attorney: An attorney can evaluate your case, help you understand your rights, and assist in gathering evidence to prove retaliation by your employer. Legal support is essential for pursuing compensation or reinstatement after being illegally laid off.

The Illinois workers’ compensation attorneys at Johnston Law Offices are here to protect your rights and make sure your employer treats you fairly after a work-related injury. Call us today or reach out online for a free consultation.