Retaliation for Filing Workers' Comp in Illinois
Whether an employer in Illinois can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: It is illegal for an employer to harass, discharge, refuse to rehire, or discriminate in any way against an employee for exercising rights under the Workers' Compensation Act. Illinois Workers' Compensation Commission, Handbook (June 2024), Section 2
| Retaliation for filing | It is illegal for an employer to harass, discharge, refuse to rehire, or discriminate in any way against an employee for exercising rights under the Workers' Compensation Act. Such conduct may give the employee the right to file a separate lawsuit for damages in circuit court. An employee with a pending claim may still be disciplined or fired for other reasons. |
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| Appealing a denial | An arbitrator holds the trial and issues a decision within 60 days. Either side may appeal to a panel of three commissioners, who review the record, hear brief oral argument and must decide within 60 days. Except in cases involving State of Illinois employees (where the Commission's decision is final), either party may then appeal to the circuit court, and from there to the Appellate Court and in some cases the Illinois Supreme Court. Emergency hearings (Section 19(b)) are available for disputes over ongoing medical or TTD benefits. |
Where to get help in Illinois
More Illinois workers' compensation
- Filing a Workers' Comp Claim in Illinois
- How Much Workers' Comp Pays in Illinois
- Workers' Comp Settlements in Illinois
- Suing Over a Work Injury in Illinois
- Appealing a Denied Workers' Comp Claim in Illinois
- All Illinois workers' compensation rules
FAQ
Can you be fired for filing workers' comp in Illinois?
It is illegal for an employer to harass, discharge, refuse to rehire, or discriminate in any way against an employee for exercising rights under the Workers' Compensation Act. Such conduct may give the employee the right to file a separate lawsuit for damages in circuit court. An employee with a pending claim may still be disciplined or fired for other reasons.
How do you appeal a denied workers' comp claim in Illinois?
An arbitrator holds the trial and issues a decision within 60 days. Either side may appeal to a panel of three commissioners, who review the record, hear brief oral argument and must decide within 60 days. Except in cases involving State of Illinois employees (where the Commission's decision is final), either party may then appeal to the circuit court, and from there to the Appellate Court and in some cases the Illinois Supreme Court. Emergency hearings (Section 19(b)) are available for disputes over ongoing medical or TTD benefits.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.