What If My Employer Threatens Me for Pursuing Workers’ Comp?
The Illinois Workers’ Compensation Act holds that your employer is not allowed to threaten, fire, or otherwise retaliate against you for initiating a workers’ compensation claim, but that doesn’t mean that it never happens. This possibility is just one of many reasons why you should seek the help of an experienced Illinois workers’ compensation lawyer as soon as you are hurt on the job.
What Can I Do If an Employer Threatens Me?
If your employer fires you, threatens to do so, or discriminates against you for initiating a workers’ comp claim, you may be able to file a lawsuit alleging retaliation. This lawsuit would be separate from your worker’s compensation claim, and would address the behavior of your employer rather than your injury. A successful retaliation lawsuit could result in compensation for lost wages or benefits, and possibly punitive damages.
What If I’m Fired for Another Reason?
While you cannot be legally be fired in retaliation for initiating a workers’ compensation claim, you can still be fired for other reasons. That is why it is important to continue to work within your medical restrictions, provided your employer can accommodate them.
It is possible that an unscrupulous employer may fire you for another reason as a pretext after you initiate a workers’ compensation claim. Without evidence of intent, this may be difficult to prove, but an experienced Illinois workers’ compensation lawyer combined with a labor and employment attorney may be able to help you pursue a retaliation lawsuit.
As with any case, the exact circumstances will vary — but having a capable lawyer on your side is a tremendous asset.
An Illinois Workers’ Compensation Law Firm That Works for You
If you have been hurt at work, one of the Illinois workers’ compensation lawyers at Rubens and Kress can help you seek compensation. With a record of success in workers’ compensation claims and no fee unless you collect, you can be confident that our firm will do everything in our power to help you get the workers’ comp benefits that you deserve. For a free consultation, contact Rubens and Kress online, at 312-201-9640, or toll-free at 866-890-9640.