What Do I Do if I Am Fired After an On the Job Injury?
Aug. 18, 2021
As per the Illinois Workers’ Compensation Act, employees who suffer an on-the-job injury have to undergo medical treatment to heal. The Act provides financial aid to help them pay for said treatments as well as living expenses and bills while they are recuperating. However, some employers may try to avoid this responsibility by firing the employee.
Claiming Compensation For A Workplace Accident In Illinois
Illinois is an 'at will' state, which means employers can terminate contracts or fire full-time employees for any reason whatsoever. However, while it is not exactly illegal for them to fire employees if the employee in question suffered an on-the-job injury, they cannot fire them solely for getting injured.
For example, if you got injured while working, but your work performance was poor before the accident and your employer has proof, you may not be able to get full compensation. However, if you crashed your truck at work and hurt your back, and got fired for it, you have a case.
In fact, even if you hurt your back months ago, never filed a claim, and got fired or quit, you still have a case. However, in this case, you may lose since injured employees have to report their condition within 45 days of their accident.
Plus, if your employer refuses to rehire you after you have recovered from your injuries, you have the right to sue them. The same should be the case if they give you a poor reference if you decide to switch jobs post-recovery.
A wrongful termination lawyer in Schaumburg can help you understand your options and what can be done to ensure you get the maximum compensation. This includes providing proof that you were wrongfully discharged so that you have a solid case in your hands. Just make sure that you file a claim with the Illinois Workers’ Compensation Commission. Otherwise, your employer can have your case dismissed without fear of a lawsuit.
What Happens To Your Workers’ Compensation If You Are Fired
Employers are responsible for paying for medical treatment for workers who are injured on the job. In fact, they also have to provide total disability benefits (TTD) till injured employees are able to return to work or their claim is settled.
Your employer cannot take those benefits away legally after firing you and before your claim is settled. This is the case even if your work performance was poor.
You have the right to work each day without fear of harassment or retaliation. If you have been fired from your job after suffering a workplace injury, get in touch with us at the Law Office of Michael T. Smith for a free consultation. At this time, you need an experienced and aggressive wrongful termination lawyer in Schaumburg who will not back down till you get the maximum compensation you deserve.
The sooner you get in touch with us the better. An on-the-job injury can have future repercussions if you do not get the medical treatment and compensation you deserve. Get in touch with us today!