If I’m fired while on light duty or still off work, do my workers’ comp benefits stop?

No. Being fired does not make your case go away. If you are off work or restricted due to your injury, the employer’s insurer must continue paying applicable benefits such as TTD or TPD and authorized medical care.

Can I be fired while receiving workers’ comp in Illinois for other reasons?

Yes, but only for legitimate, non-retaliatory reasons (for example, layoffs or unrelated performance issues). What’s illegal is firing you because you exercised your workers’ comp rights.

Will I be fired after I settle my Illinois workers’ comp case?

In practice, post-settlement firings are rare. Settlement of your claim does not remove your general employment protections, and most employers simply move forward once the case resolves.

What happens if my employer can’t accommodate my temporary or permanent restrictions?

If suitable work is not available within your restrictions, you may continue to receive wage-replacement benefits. Longer term, you could be eligible for vocational rehabilitation, wage-differential benefits, or permanent total disability depending on your limitations.

Why is Amazon’s return-to-work process taking so long?

Amazon workers often experience delays between the claims administrator (e.g., Helmsman or Sedgwick) and Amazon’s internal ADA accommodations team. This back-and-forth can be bureaucratic rather than retaliatory, but documentation and legal guidance can help move things along.

How does Walmart usually handle injured workers returning to work?

Walmart historically attempts to accommodate most permanent restrictions, often placing employees in modified roles. This approach brings workers back faster and can limit exposure to long-term benefits like PTD, wage-differential, or vocational rehabilitation.

What if I feel I’m being treated poorly after returning to work?

Poor treatment alone is not automatically a workers’ comp violation. However, keep records of incidents. If negative treatment escalates into an adverse employment action tied to your claim, speak with an attorney about potential retaliation.

Can You Be Fired for Filing a Workers’ Compensation Claim in Illinois?

Q: Can I be fired for filing a workers’ compensation claim in Illinois?

No. Illinois law prohibits retaliatory discharge for pursuing a workers’ compensation claim. Employers cannot lawfully terminate you because you filed or pursued benefits.

Can You Lose Your Job for Filing a Workers’ Comp Claim in Illinois?

It’s one of the most common questions we hear from injured workers at McHargue & Jones:

“Can my employer fire me for filing a workers’ compensation claim?”

The short answer is no — Illinois law protects you from being fired just because you filed a workers’ comp claim.
The longer answer? It’s complicated. While retaliation is illegal, real workplaces and big employers don’t always behave perfectly. Here’s what the law says, what we see in practice, and how major employers like Amazon and Walmart handle things differently in our experience.

The Law: Retaliatory Discharge in Illinois

Illinois is an at-will employment state — meaning your employer can terminate you for almost any reason, or none at all, as long as it’s not an illegal reason.

Firing someone for exercising their rights under the Illinois Workers’ Compensation Act (820 ILCS 305) is an illegal reason.

This protection comes from both the statute and Illinois case law. The Illinois Supreme Court made it crystal clear in Kelsay v. Motorola, Inc. (1978) that terminating an employee for pursuing a workers’ compensation claim violates public policy. That concept is known as retaliatory discharge.

Under 740 ILCS 92/40, it’s unlawful for an employer to “discharge, demote, suspend, threaten, harass, or discriminate against” an employee for asserting lawful rights — including filing a workers’ comp claim.

So, yes — it’s illegal to retaliate against someone for filing a workers’ compensation claim in Illinois.

The Reality: What We See Every Day

After decades of representing injured workers across Illinois, here’s what we can tell you from experience:

1. It’s Rare to See Immediate Retaliation

In the real world, most employers don’t fire workers right after they file a claim. They know it’s illegal, and they know it looks terrible to the Illinois Workers’ Compensation Commission.
Most employers understand that accidents happen — and that when someone gets hurt, it’s an issue to be handled by their insurance company, not through punishment.

2. Firing You Doesn’t End Your Case or Stop Your Benefits

A crucial point: if you’re fired while you’re off work or on light duty, you still receive your workers’ compensation benefits.

Your employer cannot “make your case go away” by firing you. If you’re unable to work due to your injury or your restrictions, their insurance carrier must continue paying:

Temporary Total Disability (TTD) if you can’t work at all, or
Temporary Partial Disability (TPD) if you’re working reduced hours or wages.

That’s part of why most employers don’t retaliate after a claim. They know your case has to run its course through their insurance and that firing you doesn’t change that legal obligation.

3. Worried About Being Fired After Settlement? Don’t Be

We also get asked: “Will they fire me after I take my settlement?”
In our experience at McHargue & Jones — that’s extremely rare. We almost never get a call a month after settlement saying, “Hey Matt, they just fired me after closing my comp case.” Most employers simply move on and accept that you were hurt but have returned to the team.

4. Illinois Workers’ Comp: Understanding Light Duty and Return-to-Work Rights

If you’re released with temporary or permanent restrictions, your employer may not always be able to accommodate them. That’s not necessarily retaliation — some jobs are just too physically demanding.

If your employer can’t bring you back, you may qualify for:

Vocational rehabilitation (to help you find new work)
Wage differential benefits (to offset reduced earnings)
Permanent total disability (PTD) benefits

👉 See our related post: Types of Illinois Workers’ Compensation Benefits for more detail.)

Amazon Workers: A Complicated Return-to-Work Process

We’re seeing a lot of questions lately from Amazon warehouse employees in Illinois — and for good reason.

If you have been released with permanent restrictions, in our experience Amazon’s return-to-work process after an injury has become increasingly bureaucratic and slow. Many employees are caught between:

The workers’ comp insurance administrator (often Helmsman or Sedgwick) managing the benefits side, and
Amazon’s internal accommodations team, which decides whether you can return to work under modified or light-duty conditions and tries to place you within their various locations and positions.

This back-and-forth can take months, leaving injured employees stuck in limbo — medically cleared with restrictions but not yet placed back at work. It’s frustrating, confusing, and can feel like retaliation, even when it’s just red tape.

If this sounds familiar, document everything. Keep written records of communications between HR, your adjuster, and Amazon’s ADA team. An attorney can often push both sides to coordinate and get your return-to-work process moving again.

Walmart: A Different Approach

On the other end of the spectrum, Walmart tends to be extremely proactive about bringing injured workers back with restrictions.

In our experience, Walmart has tried to accommodate nearly all permanent restrictions — even creating modified roles — because it helps them avoid paying long-term benefits and settlements like:

Permanent total disability (PTD)
Wage differential
Vocational rehabilitation

From a worker’s perspective, this can be both good and bad. On one hand, you’re back to earning a paycheck sooner. On the other, you might end up in a lower-paying or less desirable position that technically fits your restrictions but doesn’t match your old job.

These are a couple of examples of large Illinois employers, but every company and every case is different. It’s not always straightforward, and an experienced workers’ compensation lawyer can help.

When You’re Back But Things Feel Different

We also hear from a lot of clients who return to work after an injury and feel like everyone treats them differently — supervisors act distant, coworkers gossip, or people assume they “milked the system.”

Unfortunately, there’s no specific legal remedy under the Illinois Workers’ Compensation Act for being treated poorly. Unless it crosses into harassment or retaliation, it’s not necessarily a violation of the law.

That said, it’s a real and human issue. At McHargue & Jones, we’ve helped thousands of workers navigate that emotional side of recovery — offering not just legal guidance, but practical support and perspective.

Absence Policies and Long-Term Leave

Many employers have policies that limit how long they’ll hold your position open while you’re on medical leave — whether that’s due to a workplace injury, pregnancy, or illness.

If your leave extends past that limit, you may be replaced or terminated under company policy. This isn’t automatically retaliation; it’s usually a neutral rule applied across the board. But if it seems suspiciously timed or targeted, a lawyer can help you investigate whether it’s actually a form of retaliation in disguise. Likewise, while there are rules in place regarding accommodations for restrictions in the workplace, every company and situation is different and may not have a straightforward answer.

The Bottom Line

It’s illegal to fire someone for filing or pursuing a workers’ compensation claim in Illinois.
Being fired doesn’t stop your benefits. Your employer’s insurance must continue paying while you’re legitimately off work or restricted.
Most employers don’t retaliate, because it doesn’t help them and it’s clearly unlawful.
Amazon and Walmart illustrate how differently big employers handle injured workers — one slow and bureaucratic, one faster and cost-conscious.
Every situation is unique, so if you’re hurt and worried about job security, talk to a lawyer who can protect both your benefits and your employment rights.

Frequently Asked Questions (FAQ)

Q: Can I be fired for filing a workers’ comp claim in Illinois?
A: No. It’s illegal to fire you for filing or pursuing a workers’ compensation claim. That’s considered retaliatory discharge.

Q: What if I’m fired while I’m on light duty or off work?
A: You still receive workers’ compensation benefits. Your employer can’t “end” your case by firing you. Their insurance carrier is still responsible for paying your benefits.

Q: Does being fired affect my settlement?
A: No. Your right to workers’ compensation benefits is based on your injury, not your employment status. Firing you doesn’t cancel your case.

Q: Why does Amazon take so long to bring injured workers back?
A: Amazon’s process involves both the insurance company and an internal ADA team, creating delays and confusion. It’s frustrating but not necessarily retaliation.

Q: Why does Walmart seem to bring people back faster?
A: Walmart aggressively accommodates restrictions to avoid paying long-term benefits like PTD or wage differential. It’s strategic, but it does help workers return sooner.

Conclusion

Filing a workers’ compensation claim is your legal right. You cannot be lawfully fired for exercising it — and even if your employer does terminate you, your benefits don’t stop.

At McHargue & Jones, we’ve spent decades standing up for injured workers across Illinois — guiding them through every stage of the process, from the first report of injury through settlement and return to work.

If you’ve been hurt on the job and are worried about retaliation, accommodations, or job security, our attorneys are here to help you understand your rights and protect what matters most: your health, your job, and your future.