Dealing with a work-related injury can be stressful, especially if the injury is serious and requires you to take time off work. One of the most pressing issues for some people in this position is whether they’ll still have a job once they’re healed. If you work in Illinois, you have some legal protections concerning your job if you have to file a workers’ comp claim.
The Illinois Workers’ Compensation Act likely provides benefits to you if you are injured or become ill due to your job. The basic benefits that you might be familiar with include medical care, rehabilitation and partial wage replacement. That same Act also spells out state job protection rights, designed to safeguard your position while you recover.
Protection against termination
In Illinois, it’s illegal for an employer to fire you solely because you filed a workers’ compensation claim or because you need doctor ordered time off work to recover. This protection encourages employees to report injuries and seek necessary treatment without the fear of losing their jobs.
However, this doesn’t mean an employee can’t be terminated for other legitimate reasons, such as company-wide layoffs or performance issues unrelated to the injury. The key is that the termination can’t be strictly because of a workers’ compensation claim.
Right to reinstatement
Once you have been cleared to return to work by your healthcare provider, you have the right to be reinstated into your previous position. If that’s not possible for some reason, you must be provided with a comparable position. Your employer must accommodate your return unless it can provide that there aren’t any suitable positions available. Typically, they must also provide reasonable accommodations that enable you to perform essential job functions.
Options if your employer terminates you
If you’re wrongfully terminated while you’re healing from an on-the-job injury, you may be in a strong position to pursue legal recourse. You may file a claim in civil court so that you can seek damages for the wrongful termination of your employment based on the protected status of seeking workers’ compensation for an on-the-job injury.