Our response to COVID-19
Can I get fired for initiating a Workers’ Compensation claim?

If you get injured at work you may not let the fear of retaliation stop you from initiating a Workers’ Compensation claim. The fear of retaliation can be powerful, and also a potential reason for injured workers to avoid compensation. Under Illinois law, it is illegal for any employer to fire an employee for initiating a Workers’ Compensation claim.

Keep in mind that your employer could terminate you while your claim is open if there are other valid reasons for termination such as: tardiness, performance…

Most of the jobs in the USA are “at will”, which basically means you are free to leave or your employer can let you go.

When should I tell my employer I was injured at work?

If you have been injured at work, you should report it to your employer as soon as possible. By law, you have up to 45 days to report the accident to your employer. Some employees may try to work while injured to avoid missing work, but delaying a report could lead to a disputed workers’ compensation claim. By not reporting the injury right away, you are giving an employer an opportunity to claim that the injury occurred somewhere else. If you have a repetitive injury, you should report the injury as soon as you realize your injury may be work-related. Either an oral or written report is legal in Illinois; even though it is always recommended to be written.

I am undocumented. Am I still eligible for Workers’ Compensation?

Absolutely YES. Workers’ compensation is available to covered workers regardless of their status in the United States. Legal aliens, undocumented workers and other noncitizens are eligible for Workers’ Compensation.

Can I afford a Workers’ Compensation lawyer?

Our attorneys at The Romaker Law Firm will not collect a cent until you case is settled. Call now for a free initial consultation (312) 377-7000.