Can I lose my job if I report a work compensation claim? 4 Answers as of April 08, 2016

I was working in the kitchen of my job and slipped and fell bruising my tailbone and I have whiplash. I had on proper slip resistance shoes yet it was water and grease on the floor. We have no hot water there nor degreaser. I told management and have witnesses and was told to just keep them informed.

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Law Offices of Henry Repay
Law Offices of Henry Repay | Henry Repay
The employer can face a lawsuit for retaliatory discharge if you are terminated based on the filing of a workers' compensation claim. That said, connecting the two can sometimes be an issue. Most employers understand that workers' compensation is actually an insurance system with a trade off, protecting them from regular, higher cost injury lawsuits, versus providing liability for most injuries regardless of fault. A consultation should be arranged to consider your claim and discuss this aspect of it.
Answer Applies to: Illinois
Replied: 4/8/2016
Candiano Law Office
Candiano Law Office | Charles J. Candiano
You absolutely cannot be fired BECAUSE you file a Workers' Compensation claim. You are probably an at will employee which means that you CAN be fired for ANY other reason provided it is not a protected basis (think race, sex, religion, age, etc.). It is a violation of OSHA and every local municipality's code concerning a restaurant or deli kitchen to operate without a sufficient hot water supply and NSF approved cleaners. Worker's Compensation is a no-fault system. This means that as long as you were injured in the course and scope of your work, your injuries are compensable under the Worker's Compensation Act. It doesn't make any difference whose fault it is. That said, the conditions which you describe would cause the kitchen to be closed down immediately by local health officials. I would urge you to contact the local Department of Health which you can do anonymously. If you were injured, I strongly suggest that you consult a Worker's Compensation attorney. If you are not certain whether you are injured, you really need to see a doctor. We have universal healthcare which means that either you can afford to purchase low-cost health insurance or you qualify for no cost health insurance through the affordable care Act, for the asking. There is no excuse to be without health insurance since the fall of 2013. If you have a back injury, you need to be checked out by an orthopedic surgeon. Your Worker's Compensation attorney may be able to suggest a doctor. Good luck.
Answer Applies to: Illinois
Replied: 4/8/2016
Mark G. Patricoski, P.C. | Mark G. Patricoski
Termination for filing a wc claim is actionable.
Answer Applies to: Illinois
Replied: 4/7/2016
Barry Rabovsky & Associates
Barry Rabovsky & Associates | Barry Rabovsky
In Illinois, the law says that you cannot be fired for filing a workers' compensation case. Thank you for your email.
Answer Applies to: Illinois
Replied: 4/7/2016
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