Workers' Compensation Claim Retaliation Basics

Last updated 15 days ago

Workers’ compensation is an agreement between employees and employers in which workers relinquish their right to sue after experiencing a work-related injury. This agreement provides injured workers with timely compensation to help them recover from their painful injuries. Unfortunately, some employers will retaliate against an employee who files a workers’ compensation claim following his or her work-related injury. Read on to learn more about such circumstances:

Employer retaliation legality

The Illinois Worker’s Compensation Act makes it illegal for an employer to lay off any worker for filing a worker’s compensation claim. Employers are also not permitted to refuse to rehire or promote a worker in retaliation for his or her claim. If you have received a demotion or unwarranted disciplinary action following the filing of your worker’s compensation claim, you may have grounds to file a “retaliatory discharge” lawsuit against your employer and collect additional compensation for your work related injury.

Involvement of the insurance agent

Your company’s insurance provider is unlikely to provide you with complete information on your entitlement benefits following an injury. You may be tempted to accept the initial offer presented simply because the insurance agent presents it as your only compensation option. Without adequate information on your coverage, you may be missing out on benefits such as employer-sponsored medical care, alternative housing, and transportation assistance.

Options following employer retaliation

The laws regarding workers’ compensation claims vary from state to state. Therefore, it’s important that you work with an experienced personal injury attorney from Illinois to ensure that you effectively file your retaliatory discharge claim or discover the full extent of your entitlement benefits. Your personal injury attorney can research the entitlement benefits provided by your insurance carrier and can fight for your rights in a court of law.

If you’ve suffered a work-related injury, don’t hesitate to call the experienced personal injury team at Malman Law of Chicago. We have a department dedicated to handling workers’ compensation claims and helping injured workers get the coverage they need to heal. Learn more by giving us a call at (312) 983-6193.


The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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