The last thing anybody wants to have to worry about after sustaining an injury on the job is that they may be laid off. However, sometimes this does happen. It is important to understand whether or not someone who is on workers’ conversation can be laid off from their job. Understanding this dilemma requires looking at the balance between the rights of workers’ after they have been injured versus the rights of an employer.
Understanding workers’ compensation in Illinois
Nearly every employer In Illinois is required to carry workers’ compensation insurance for their employees. In this state, the workers’ compensation system is considered “no-fault.” This means that an employee who is injured while performing work within the scope of their duties is entitled to receive coverage for their medical bills and a portion of their wages, regardless of who caused their injury. In most cases, an employer or workers’ compensation insurer cannot deny this coverage to an injured worker.
Can an employer terminate me if I’m on workers’ comp?
The answer to this question can be fairly complicated, and it depends on why the termination takes place. In Illinois, we live in what is considered an “at-will” state. This means that an employer can layoff or terminate anyone for just about any reason, so long as the reason for termination does not violate state or federal law (discrimination, harassment, retaliation, etc.). Just because an employee is receiving workers’ comp benefits does not give them complete protection from being laid off for other reasons.
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