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Can I get fired for filing a workers' compensation claim?

Oftentimes, this is one of the most common questions clients have and one of the greatest fears of injured employees. Employees go to great lengths to avoid filing a claim, including using their health insurance for doctor visits and using any sick days or short-term disability time they have.

In short, an employer cannot fire you for filing a workers' compensation claim. This is considered a retaliatory termination for reporting a workplace injury or filing a workers' compensation claim. In fact, Illinois law specifically prohibits an employer for firing an injured worker solely for making a claim.

However, your employer can fire you while your claim is open, so long as they have other reasons for terminating you that do not have to do with your filing a claim. Illinois is an "at will" employment state, meaning employers can terminate employees for mostly any reason whatsoever. This includes poor work performance, late attendance, need for layoffs due to financial reasons, restructuring of the company or for any other legal reason.

There are several things you can do to protect yourself from being wrongfully terminated for reporting an injury. For example, make sure you are complying with all policies and regulations your employer has in place for reporting an injury. This may include filing an injury report, notifying specific supervisors and seeking immediate medical treatment. Additionally, make sure not to violate any company policies including absenteeism, substandard work performance or failing to keep your employer advised of your condition. By taking a few precautionary steps, you may be able to protect yourself from being wrongfully discharged for filing a workers' compensation claim.

If you have any questions regarding your legal rights as an injured worker, please contact our office for a free legal consultation.

The attorneys at Law Offices of Mathys & Schneid are committed to representing people who have been seriously injured and incur significant medical expenses as a result of work-related accidents. Law Offices of Mathys & Schneid continue to handle workers' compensation and personal injury cases in Cook, DuPage, Kane, Will and Kendall Counties and all throughout the Chicagoland area.

  1. "Committed To My Cause"

    I was struck by a car while cycling and severely, almost fatally injured. A team of excellent medical professionals performed complicated and extensive surgical and medical procedures as part of a successful effort to restore my health....
    -Jeff D.

  2. "Could not have made a better choice"

    We found Mark [Mathys] through the web after an auto accident in October 2011. While selecting someone you don't know to represent you can be a gamble, we could not have made a better choice....
    - Dave

  3. "Very satisfied"

    Mark [Mathys] is very professional. He responds almost immediately, via email, to any question, comment or concern I have and if he is not able to respond right away, he will let me know. I have been very satisfied with Mark so far and I am happy to be his client.
    -Jennifer

  4. "Easy to talk to"

    Mr. Mathys and Mr. Schneid were very professional and easy to talk to. Prior to working with them, my wife and I had no real experience with the legal system beyond a house closing, yet Mr. Mathys and Mr. Schneid explained the whole process to us very well. I knew that whenever I had a concern about our case or the legal system in general I could call their office or send an email and receive answers the same day... -Larry

  5. "Provided very wise advice"

    I've dealt with attorneys on a variety of issues, almost all of them since leaving college and entering the workplace. Mr. Mathys was the first attorney I had any real experience with, and I was impressed then and remain so. He provided very wise advice and always kept me informed. In the end, he delivered a favorable result. I recommend him highly.
    - Tyler D.

  6. "In-depth knowledge of the law"

    Mark [Schneid] is an excellent and skilled attorney and demonstrated in-depth knowledge of the law when he helped settle my dog bite lawsuit resulting from a traumatic incident. He explained what was needed of me and how I should handle the situation in a professional manner.
    - Karen K.

  7. "They went to bat for me"

    Not long ago I was involved in a car accident where I was hit by a gravel truck at an intersection. After I called Mathys & Schneid, even though I didn't have a very large case, they made me feel like I was one of their most important cases. They went to bat for me with the trucking company's insurance and got me a settlement. I would definitely recommend them to my family and friends. -Dan H.

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Law Offices of Mathys & Schneid
1730 Park Street
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Naperville, IL 60563

Phone: 630-848-9294
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Chicago, IL 60606

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