If your employer terminates your employment in retaliation for filing a workers’ compensation claim, it is called retaliatory discharge.  Under the Illinois Workers’ Compensation Act, it is illegal for your employer to retaliate, harass, fire or force you to resign after being injured on-the-job. 

If you believe that you are being harassed  or that you may be terminated for exercising your rights under the Illinois Workers’ Compensation Act, it is important to do the following:

• File an Application For Adjustment of Claim - This document is filed with the Illinois Workers’ Compensation Commission.  Upon filing the Illinois Workers’ Compensation Commission will notify your employer that an Application for Adjustment of Claim has been filed.  Your employer cannot use the defense that they were unaware of your injury at the time  you were fired.
  

• Keep a diary - One of the best ways to substantiate your claim for retaliatory discharge is to document all relevant and conversations. Include dates, times, names, what was said to whom and by whom and what was done and by whom. 

• Keep a copy of all relevant communications –   Your employer may make threatening statements to you either verbally, in written memo, by email or by voice mail. If this happens, keep a copy of any or all of these communications.  If a fellow employee is witness to these statements, ask them for a written statement attesting to your employer’s actions or comments.

Although the law provides that you have two years in which to file a lawsuit against your employer for retaliatory discharge, it is highly recommend that you consult with an attorney immediately after you have been fired.  

If you would like more information about retaliatory discharge, contact Donald W. Fohrman & Associates, Ltd., at 800-437-2571 or complete our confidential
contact form.