Is your employer retaliating after a workers’ comp claim?

Filing a workers’ compensation claim in Illinois is a right protected by law, but sometimes employees experience retaliation from their employers afterward. It can be helpful to know some signs to watch for and steps to take if you suspect retaliation.

Understand your rights

Illinois law requires workers’ compensation coverage for most employers and protects employees from retaliation after filing a claim. 

Employers cannot legally punish you for exercising your rights. Understanding these protections can help you identify and address any retaliatory actions.

Recognize the signs of retaliation

Common signs of retaliation include sudden changes in your job duties, demotions, reduced hours, or unwarranted disciplinary actions. If these changes occur soon after you file your claim, they might indicate retaliation. 

For example, if you were performing well at your job and suddenly received poor performance reviews or your employer reassigned you to less desirable tasks, this could be a sign that they are retaliating against you.

Document everything

Keep detailed records of any changes in your employment status, communication with your employer, and any incidents that seem retaliatory. Documentation can support your case if you need to take legal action. Write down dates, times, and specifics of each incident, including who was involved and what was said. This evidence can be crucial in proving your case.

Seek support

If you suspect retaliation, consider discussing your situation with a trusted HR representative or seeking advice from a professional experienced in workplace rights. They can offer guidance on how to address the issue and protect your rights.

Protecting your rights in the workplace

Identifying and addressing employer retaliation in Illinois requires vigilance and understanding of your rights under workers’ compensation laws. This proactive approach helps maintain a fair and just workplace environment for all employees.