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Injured on the job in Chicago? You’re not alone. We know you probably have a lot of questions about your rights, your benefits, and what happens next. Can you be fired for filing a workers’ compensation claim? What benefits are you entitled to?

At Illinois Workers’ Compensation Lawyers, we understand these concerns. Our experienced Chicagoland attorneys are dedicated to helping injured workers navigate the complexities of the workers’ compensation system and protect their rights.

Your Rights Under Illinois Workers' Compensation

In Illinois, most employees are covered by workers’ compensation insurance. This insurance provides a safety net for employees who are injured on the job, regardless of who was at fault for the accident.

Here are some of your key rights:

  • The Right against Retaliation: It is illegal for your employer to fire you, demote you, or otherwise retaliate against you for filing a workers’ compensation claim or reporting a workplace injury. This protection is crucial to ensure that injured workers can access the benefits they need without fear of losing their livelihoods.
  • The Right to Medical Care: You have the right to receive all necessary medical treatment for your work-related injury, without having to pay for it yourself. This includes doctor visits, hospital stays, surgery, physical therapy, prescription medications, and medical equipment.
  • The Right to Disability Benefits: If your injury prevents you from working, you are entitled to receive disability benefits to replace a portion of your lost wages. These benefits can be temporary, if you are expected to recover and return to work, or permanent, if your injury results in long-term limitations.
  • The Right to Vocational Rehabilitation: If your injury prevents you from returning to your previous job, you have the right to receive vocational rehabilitation services. These services can help you with job training, job placement assistance, and other support to help you find a new career path.
  • The Right to Choose Your Own Doctor: You have the right to choose your own doctor for your work-related injury. You are not required to see a doctor chosen by your employer or their insurance company.

Protecting Your Job After an Injury: What Does Retaliation Look Like?

You have the right to file a workers’ compensation claim without fear of losing your job. Illinois law prohibits employers from retaliating against employees for seeking benefits after a workplace injury. But unfortunately, retaliation still happens.

It’s important to be aware of the signs and understand what actions might constitute illegal retaliation. Here are some examples:

  • Termination
  • Demotion
  • Reduction in Hours
  • Harassment
  • Denial of Opportunities
  • Disciplinary Action
  • Threats and Intimidation

It’s crucial to remember that retaliation can be subtle. Your employer might not explicitly say that they are taking action against you because of your workers’ compensation claim. They might try to disguise their actions with other reasons.

If you suspect retaliation, it’s important to document everything. Keep records of any incidents, including dates, times, witnesses, and any written communication. If possible, report the retaliation to your HR department.

Most importantly, seek legal advice. An experienced workers’ compensation attorney can help you understand your rights and options. They can investigate your situation, gather evidence, and take legal action if necessary to protect your job and your rights.

Contact Our Illinois Workers’ Comp Lawyers Today

At Illinois Workers’ Compensation Lawyers, we’re committed to protecting the rights of injured workers throughout the Chicagoland area. We offer confidential meetings to discuss your situation, explain your rights, and help you understand your options.

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