Can Workers' Comp Support an Illinois Retaliatory Discharge Claim?

November 08, 2012 (Press-News.org) When fired from a position there are many questions regarding what caused the drastic action. Deciphering what prompted the management decision is difficult especially when it is sudden. When the termination coincides with a workplace injury or the filing of a workers' compensation claim it might be retaliatory.

Recently, a United States District Court in Illinois confirmed that employees are able to make it past the initial proceedings of a civil lawsuit for retaliatory discharges if they can prove that their terminations were significantly motivated by their workers' compensation insurance claims.

The court did not side with the employee because it did not believe she satisfactorily provided evidence that her termination was in retaliation for her workers' compensation claim. However, it did allow the woman to try to prove her claims, upholding the right of workers to sue their employers over retaliatory discharge.

What Is Retaliatory Discharge?

Retaliatory discharge, or retaliatory termination, occurs when an employer terminates an employee in retaliation for filing a workers' compensation claim or exercising his or her right to workers' compensation benefits. Legally, employers cannot fire employees for filing workers' compensation claims. Unfortunately, this type of discrimination still happens.

A worker who believes that a work comp claim prompted an adverse employment decision may be able to file a civil lawsuit against their former employers. The employee must show some causation that the comp claim significantly or substantially contributed the firing. The burden of proof rests solely on the shoulders of the employee. The employer does not need to provide a reason why it fired the employee.

What Happened in the Illinois Court Case?

In the Illinois retaliatory discharge case, the court ruled in favor of the employer. The court found that the employee who filed the lawsuit was not able to prove her workers' compensation claim significantly contributed to her termination. The court also did not find that her former employer's behavior was retaliatory and discriminatory.

The woman held a regional sales manager position that required her to travel over a third of her time. She suffered a workplace injury while lifting sales samples. She filed a workers' compensation claim to cover her medical expenses and lost wages. Her company complied and notified its workers' compensation insurance company. Her injuries required surgery and she requested a leave of absence to recover. She could not to travel during her leave. After a seven-month leave, it was unclear if and when she could return.

The company realized that travel was a major job duty of a regional sales manager position and that having a sales manager who was unable to travel made it impossible to conduct business. The company fired the woman when she could no longer travel, an essential job function.

The court found that the company had a legitimate reason for not continuing the woman's employment. The company had also helped the woman through the workers' compensation claim process; therefore, it was not guilty of retaliatory discharge.

The claim for discrimination under the Americans with Disabilities Act was also dismissed. The ADA prohibits employers from discriminating against employers due to their disabilities, yet the court found the injury did not qualify her for the protections of the ADA. Likewise, the court found the woman's injuries did not impair her long-term, since she was to take a similar position with another employer.

While this case was not decided in the employee's favor, the court will review the facts on a case-by-case basis to determine whether an employer may have discriminated against an employee or made a retaliatory discharge decision.

If you believe your workers' compensation claim contributed to your former employer's decision to terminate your position, please contact an experienced Illinois retaliatory discharge attorney who can review the individual circumstances of your case and advise of possible remedies.

Article provided by Anesi Ozmon Rodin Novak & Kohen, Ltd.
Visit us at www.anesilaw.com/