Learn about retaliatory discharge before you get fired!
Tan Chin Siang
July 27, 2010
In Illinois, if you are injured while working for your employer, you are eligible to file a claim for workers compensation. But if your employer is pissed off by your action in exercising your legal right, they may decide to fire you there and then.
Should the firing happen because you had exercised your legal right, then you can file a lawsuit known as retaliatory discharge against your employer.
So, when you get hurt at the workplace and you are wondering whether you will be fired, the chances really depend on two things. If you have already filed for workers compensation claim, they will back off. If you have not, then you are in the line of fire.
This is so because once your employer knows that you have filed for workers compensation claim and they fire you, then they face the risk of being slapped with a retaliatory discharge lawsuit.
But if you have not filed your claims, they can "safely" fire you because there is no retaliatory discharge lawsuit to worry about.
That is precisely the reason why your employer or the insurance firm is so nice to you when you get injured at the workplace. They will immediately extend a helping hand and tell you that your welfare has been well take care of already and that they will pay for things like medical treatment, for lost time (while you are recovering from your injury), etc. They would often assure the worker that they have started filing for a workers compensation claim for them.
But the sad thing is that in many instances, all these are pure lies. They never file those vital documents on your behalf. The key reason is that when they do, they won´t be able to fire you.
So, you may be thinking "what are my options?" The best advice is when you are injured seek the advice of an experienced workers compensation lawyer promptly. They will tell you the best course of action to take. Remember, the correct lawyer to approach is a workers compensation lawyer, not slip and fall attorneys .
Should the firing happen because you had exercised your legal right, then you can file a lawsuit known as retaliatory discharge against your employer.
So, when you get hurt at the workplace and you are wondering whether you will be fired, the chances really depend on two things. If you have already filed for workers compensation claim, they will back off. If you have not, then you are in the line of fire.
This is so because once your employer knows that you have filed for workers compensation claim and they fire you, then they face the risk of being slapped with a retaliatory discharge lawsuit.
But if you have not filed your claims, they can "safely" fire you because there is no retaliatory discharge lawsuit to worry about.
That is precisely the reason why your employer or the insurance firm is so nice to you when you get injured at the workplace. They will immediately extend a helping hand and tell you that your welfare has been well take care of already and that they will pay for things like medical treatment, for lost time (while you are recovering from your injury), etc. They would often assure the worker that they have started filing for a workers compensation claim for them.
But the sad thing is that in many instances, all these are pure lies. They never file those vital documents on your behalf. The key reason is that when they do, they won´t be able to fire you.
So, you may be thinking "what are my options?" The best advice is when you are injured seek the advice of an experienced workers compensation lawyer promptly. They will tell you the best course of action to take. Remember, the correct lawyer to approach is a workers compensation lawyer, not slip and fall attorneys .
Print
Email
