Getting hurt at work can create immediate uncertainty.

You may be worried about your medical treatment, how you will pay your bills, and how long you will be away from work. You may also have another concern: Can my employer fire me for reporting my workplace injury or filing a workers’ compensation claim?

If you were injured at work in Champaign-Urbana, Danville, or elsewhere in Illinois, it is important to understand the difference between an employer's legitimate employment decision and unlawful retaliation related to a workers' compensation claim.

Reporting a Workplace Injury Is an Important First Step

After a workplace injury, one of the first things you should generally do is notify your employer about what happened. Depending on the circumstances, this may involve reporting when and where the injury occurred, how the injury happened, what part of your body was injured, and whether you need medical treatment.

Even if an injury initially seems minor, symptoms can sometimes become more serious over time. Failing to report an injury promptly can create unnecessary complications when trying to establish that the injury occurred in the course of your employment.

Can an Employer Fire You Simply Because You Filed a Workers’ Compensation Claim?

An employer generally cannot retaliate against an employee simply because the employee exercised rights under Illinois workers' compensation law. However, workers' compensation cases can involve complicated factual questions. For example, an employer may claim that an employee was terminated for another reason, such as a violation of workplace rules, poor performance, or a business-related decision.

The timing and circumstances surrounding a termination can be important. If you were fired shortly after reporting a workplace injury or filing a workers' compensation claim, it may be appropriate to speak with a workers' compensation attorney at Schiro & Themer about what happened.

Your Employer May Still Have the Right to Make Certain Employment Decisions

Filing a workers' compensation claim does not necessarily guarantee that an employee will remain employed indefinitely. Employers may still make legitimate employment decisions for reasons unrelated to a workplace injury or workers' compensation claim.

For example, an employer may argue that a termination was based on:

• A legitimate business reason
• A company-wide reduction in force
• A violation of workplace policies
• Poor performance
• Excessive unrelated absences

The question is often whether the employment decision was actually motivated by retaliation for exercising workers' compensation rights.

Keep Records of What Happens After Your Workplace Injury

If you believe you are being treated differently because you reported a workplace injury or filed a workers' compensation claim, keep records of what happens.

Important information may include:

• The date and time you reported your injury
• The names of people you spoke with
• Copies of emails and text messages
• Written warnings or disciplinary notices
• Changes to your schedule
• Changes in job duties
• Medical records
• Information about when you were terminated
• The names of potential witnesses

Documentation can help establish a timeline of events.

Do Not Let Fear Prevent You From Getting Medical Treatment

After a workplace injury, some employees worry that seeking medical care will upset their employer or put their job at risk. Your health should be a priority.

If you were injured while performing your job duties, you should understand your rights and options regarding medical treatment and workers' compensation benefits. Waiting to address an injury can sometimes make both your medical recovery and your workers' compensation claim more complicated.

Workers’ Compensation Help in Champaign-Urbana and Danville

A workplace injury can affect your health, your income, and your ability to support yourself and your family.

If you were injured at work in Champaign-Urbana, Danville, or throughout Central Illinois, the workers' compensation attorneys at Schiro & Themer can help you understand your rights and the options available for your situation.

If you are concerned about being fired after reporting a workplace injury or filing a workers' compensation claim, contact Schiro & Themer to discuss your circumstances. You should not have to navigate a workplace injury and questions about your employment status alone.