Workers’ Compensation Claims and Employer Retaliation in Illinois

 Posted on April 30, 2025 in Workers' Compensation

In Illinois, most employers are required to carry workers’ compensation insurance to protect both the employee and the employer in the event of an accident, mostly removing the question of liability. If you suffer an injury on the job and have to file a workers’ compensation claim, the law also protects you from retaliation. Unfortunately, employers sometimes find a way to push back, often indirectly, but an experienced Aurora, IL workers’ compensation attorney can help you identify retaliation after a workers’ comp claim and hold your boss accountable.

What Does Employer Retaliation After a Workers’ Compensation Claim Look Like?

Sometimes, employer retaliation is blatantly obvious. If your boss terminates your employment after you filed a claim, you can likely determine that it was intentional. Other ways they may retaliate that are not as easily recognizable include:

• Overlooking you for a promotion that you are clearly qualified to get

• Demoting or offering you a lower status despite your experience and capabilities 

• Giving you a poor performance review without a valid reason

• Refusing to rehire you or allow you to come back to work after your injury

• Disciplining you on the job without a real cause

• Providing a poor reference when you apply for other jobs

Illinois gives companies the right to hire and fire at will, but there are exceptions. If you have concerns that your employer may be treating you differently or attempting to push you out soon after you filed a workers’ compensation claim, you would benefit from speaking to a knowledgeable attorney.

Can You File a Lawsuit Against an Employer for Retaliation if You Were Fired After Filing a Workers’ Comp Claim?

The Illinois Workers’ Compensation Act (IWCA) explicitly states that it is illegal for an employer to retaliate against you for exercising your right to file a valid workers’ compensation claim after an accident at work. Therefore, when an employer does so, they could face consequences in the form of a tort lawsuit known as a wrongful termination claim.

When suing your employer for retaliatory discharge, you are responsible for proving that you were an employee at the time of the workers’ compensation incident and that you lawfully exercised your right to file a claim with your employer’s insurance. Then, you must show that you were wrongfully discharged because of your claim. When you hire an experienced legal representative, they will gather the evidence needed to help meet the burden of proof.

Contact Our Aurora, IL Workers’ Compensation Attorneys Today

Workplace injuries can have devastating and long-term financial, physical, and emotional impacts. You have the right under Illinois law to receive consistent help through insurance without interference from an employer. At Kinnally Flaherty Krentz Loran Hodge & Masur P.C., our dedicated Kane County, IL workers’ compensation lawyers take these rights violations seriously and will fight to protect you. Call 630-907-0909 to schedule a free consultation if you have questions about your workers’ comp claim.