Filing A Claim Could Cost You Your Job

Injured at work? As most employees are aware, workers' compensation insurance provides benefits to workers who have been injured on the job. To determine if you are eligible for these benefits you must first file a workers' compensation claim. If you have all your ducks in a row and there are no issues with your claim, you may qualify for coverage of medical expenses and even lost wages. On the surface, this entire process may appear smooth and without incident. In reality, filing a claim for workers' compensation benefits may not always work in favor of the injured worker.


For example, a former KFC manager in Granite City, Illinois is suing his former employer. The reason- allegations claiming the man was fired in retaliation for filing a workers' compensation claim.

You may be asking yourself, is that legal? Technically the answer is no, an employer is not permitted to fire an employee because a workers' compensation claim was filed. Just because it is not permitted does not mean it doesn't happen. There are no rules stating an employee cannot be discharged after filing a claim for workers' compensation benefits if the termination was based on any other legitimate business reason.

Does this mean a person shouldn't file a claim if they have been injured at work? No- what is means is everyone should be aware of the facts to better protect themselves from unlawful termination. Workers should get in the habit of keeping detailed records of any incidents occurring in the workplace. Copies of performance evaluations or disciplinary action may be able to prove or disprove your claim that your boss acted unlawfully.

Employers must also take steps to protect themselves. Just as an employee has a right to file a workers' compensation claim without worrying about losing their job, an employer has the right to let someone go for legitimate reasons. Without proper documentation to support a legitimate discharge, an employer could find themselves in the hot seat for firing an employee who has filed a workers' compensation claim.