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Can My Employer Fire Me If I Report A Work-Related Injury?

by Mark S. Schuver, Shareholder

This is a common story: “I’ve just injured myself at work, but I’m afraid to tell my employer because I’m worried that they will fire me.”

Every year, thousands of work –related injuries go unreported and uncompensated because employees are afraid that if they tell their supervisor or employer about the injury or file a worker’s compensation claim, that the employer will get mad and fire them. If you have suffered a work-related injury, you are entitled to worker’s compensation. The law protects employees from being fired for reporting work-related injuries or pursuing worker’s compensation claims.

Employers who fire employees because they report work-related injuries or assert their right to pursue a worker’s compensation claim are guilty of “retaliatory discharge.” Section 4(h) of the Illinois Worker’s Compensation Act states:

It shall be unlawful for any employer, individually or through any insurance company or service or adjustment company, to discharge or to threaten to discharge . . . an employee because of the exercise of his or her rights or remedies granted to him or her by this Act.

If you are injured at your workplace, you are entitled to be compensated for that injury under the Illinois Worker’s Compensation Act. Your employer cannot take away that right, or try to intimidate or discourage you from seeking compensation for a work-related injury, by firing you.
If you have suffered a serious injury at work, you should immediately contact a qualified worker’s compensation attorney, such as Mark Schuver and the Litigation Team at Mathis, Marifian & Richter, Ltd. They will help you obtain the compensation that you are entitled to receive under the law, and protect your employment rights from unlawful retaliation.

If you believe that your employment was terminated in retaliation for reporting a work-related injury or for asserting your rights to seek compensation under the Worker’s Compensation Act, you should immediately contact Mark Schuver and the Litigation Team at Mathis, Marifian & Richter, Ltd., for assistance.

Mark Schuver is a shareholder with MM&R who has 30+ years of experience in civil litigation, employment law, personal injury and product liability. You may call him to set up a free consultation to discuss your claim. All consultations are confidential.

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