How Layoffs and Plant Closures Affect Injured Workers
Losing your job is never easy. The financial and emotional toll can be devastating. When a company lays off employees or closes, injured workers receiving workers’ compensation face a wide variety of challenges. That’s why understanding your rights, and the benefits you are entitled to, is critical.
Can I be laid off while on workers’ comp?
Yes, but you cannot be fired for filing or receiving workers’ comp benefits. It’s illegal for an employer to harass, terminate or discriminate against an employee because they’re requesting or receiving workers’ compensation benefits.
It can be challenging to prove that you were terminated because you’re collecting workers’ compensation. Illinois is an “at-will” state, meaning employers can terminate or lay off employees for any reason so long as it is not illegal. Some reasons might include downsizing, job performance or misconduct. However, if you’ve been terminated or laid off and have serious reason to believe that it’s because you’re collecting or want to collect workers’ comp benefits, that could be considered retaliation. Contact us so we can learn whether you might have a case.
Does an employer have to hold my job while I’m on workers’ comp?
No. In Illinois, employers are not legally obligated to hold a job open for an employee who is out for any reason, including because you’re receiving workers’ comp benefits.
Will my workers’ comp benefits continue if I’m laid off?
If you already receive workers’ compensation benefits due to an injury suffered at work and you are laid off or your plant closes, your benefits should continue until you’re cleared by a doctor to return to work.
Will my workers’ comp benefits continue if my plant or workplace closes?
Workers’ comp benefits are usually paid through your employer’s insurance provider. Your benefits should remain payable by your company’s insurer. However, there could be some delays or issues caused by your employer going out of business.
Can I receive both workers’ comp and unemployment benefits?
No, but with one exception: You might be eligible to collect unemployment if your workers’ comp claim is in dispute.
How can I tell if my employer is terminating me for wanting to collect workers’ comp?
Ask yourself the following questions:
- How did my employer react when I reported my injury or initiated my workers’ comp claim?
- Was I terminated under false pretenses?
- Was I terminated right after reporting my work injury or illness?
- Am I suddenly being treated unfairly at work?
Experiencing a layoff or plant closure can be challenging enough without having to worry about receiving your workers’ comp benefits. You don’t have to navigate the workers’ compensation process alone. Contact us and we can advocate for your rights and provide the support you need during this challenging time. Fill out our online form or call us at (815) 967-9000 and let us provide you with the personalized service your claim deserves.