One of the most common questions injured workers ask is: Does my employer have to hold my job while I’m on workers’ compensation? In Illinois, the answer depends on several factors. While workers’ compensation covers medical expenses and lost wages, it does not automatically guarantee job protection.
Your employer is not legally required to hold your position just because you’re receiving workers’ comp benefits. However, you have rights, and other federal and state laws may protect your job while recovering. Understanding how these laws interact can help protect your employment and avoid unexpected setbacks.
Illinois Workers’ Comp Doesn’t Guarantee Job Protection
Workers’ compensation is designed to cover your medical expenses and lost wages after a work-related injury. But it doesn’t include job protection by default. Your employer must provide benefits while you’re unable to work, but they don’t have to keep your exact job open unless another law says so.
This can come as a surprise to injured workers. You can be fired or replaced as long as your employer’s reason isn’t retaliatory or discriminatory. In other words, they can’t fire you because you filed a workers’ comp claim, but they can terminate your employment for unrelated business reasons.
You’re Protected from Retaliation
Even though job protection isn’t built into Illinois workers’ comp law, retaliation is illegal.
Under Illinois Workers’ Compensation Act § 4(h), it’s unlawful for an employer to fire, demote, or otherwise retaliate against an employee for:
- Filing a workers’ comp claim
- Reporting a work injury
- Seeking medical treatment
- Hiring an attorney to handle their claim
If your employer tries to punish you for exercising your rights, you may have a separate retaliation claim.
The Family and Medical Leave Act (FMLA)
If your employer has at least 50 employees and you’ve worked there for at least 12 months, you may qualify for FMLA protection. This law entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave for a serious health condition.
Key FMLA rules include:
- You must provide medical documentation of your condition
- Your job (or an equivalent one) must be restored when your leave ends
- You retain your health insurance benefits during leave
If your workers’ comp leave overlaps with FMLA, your job may be protected for up to 12 weeks. After that, your employer may lawfully fill your position.
What Happens if You Can Return to Work?
Once your doctor clears you to return, even with restrictions, your employer must evaluate whether they can accommodate your limitations. They don’t have to create a new job for you, but if a light-duty or modified role is available, they should offer it.
If your employer refuses to accommodate reasonable restrictions, it could affect your benefits. You might also have a claim under the Americans with Disabilities Act (ADA) or Illinois Human Rights laws if the refusal is based on a disability.
Can You Be Fired While on Workers’ Comp?
Yes, but only under certain conditions.
Your employer can legally terminate you:
- If your absence causes hardship for the business
- If you’re unable to perform essential job duties even with accommodations
- If you violate workplace policies unrelated to your injury
Again, they cannot fire you because you filed a claim. Retaliatory discharge is illegal and can result in legal consequences.
Contact the Chicago Workers’ Compensation Lawyers at Zayed Law Offices Personal Injury Attorneys for Help Today
Your employer isn’t legally required to hold your job while you’re on workers’ comp in Illinois unless another law applies, such as the FMLA. However, you’re protected from retaliation, and your employer must consider your return once you’re cleared to work.
If you’re worried about losing your job while recovering from a workplace injury, it’s smart to consult a Chicago workers’ compensation attorney who understands both workers’ comp and employment law. Contact Zayed Law Offices Personal Injury Attorneys today for a free consultation.
We proudly serve Cook County, Will County, Kendall County, and its surrounding areas:
Zayed Law Offices Personal Injury Attorneys – Chicago Office
10 S La Salle St STE 1230, Chicago, IL 60603
Phone:(312) 726-1616
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Zayed Law Offices Personal Injury Attorneys – Joliet Office
195 Springfield Ave, Joliet, IL 60435
Phone: (815) 726-1616
Our firm is located near you. We have an office in Joliet
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