Can I Be Fired for Filing a Workers’ Compensation Claim?

Sustaining an injury on the job may be one of the last things you anticipate when you arrive at work. However, if this occurs, you may decide to file a workers’ compensation claim to recover the funds you deserve. Unfortunately, matters can be made even worse if you are fired after filing your claim. If this represents your circumstances, the following blog explores what you should know about these difficult matters, including whether or not you can be fired for filing a claim and the importance of working with an Illinois workers’ compensation attorney to help you in the fight for justice.

Can I Be Fired Over a Workers’ Compensation Claim?

First and foremost, it’s imperative to understand that you cannot be fired for filing a workers’ compensation claim. This is because this would be considered retaliatory for filing. However, many employers understand this, and as such, will provide alternative reasons for your termination. Luckily, you can work with an attorney to show that the true cause of your termination was your claim, and that the other reasons serve as a cover.

In addition, if you file a workers’ compensation claim and you have sustained a permanent partial disability, you can make requests for reasonable accommodations that allow you to complete your job tasks. However, to be reasonable, they cannot cause undue hardship on your employer. As such, under the Americans with Disabilities Act (ADA), you cannot be fired because of your disability or your request for accommodations. Common reasonable accommodations include accessible entrances and workspaces, breaks for healthcare needs, flexibility with schedules, and modifying the job so the individual may still complete the primary function of their position.

When Does My Employer Have the Right to Terminate Me?

You should note, however, that if you are unable to do the basic functions of your job after your work injury, you may be terminated as a result. For example, if you are a truck driver who is no longer able to operate a vehicle, your employer does have the right to fire you, as there are no reasonable accommodations that can be made to help you with this responsibility. Your employer should try to find alternative employment opportunities within the organization, though they are not legally obligated to do so. However, if there is no other position available, they are likely able to legally terminate your position. If this is the case, you will be eligible for additional benefits under workers’ compensation.

Sustaining a workplace injury can turn your life upside down, especially if you are terminated for your decision to file. However, by working with an experienced attorney at the Law Firm of Kevin A. Moore, our dedicated legal team will do everything in our power to help you recover the compensation you deserve and protect your rights as an injured employee. Contact us today to learn how we can fight for you.