Can I Be Fired if I Can't Return to Work After a Work-Related Injury?

 Posted on May 06, 2026 in Workers' Compensation

After suffering a work-related injury, the hope is that your employer will allow you to recover and then to return when you’re fit. Unfortunately, that is not always the case. Some people find themselves facing an employer who does not act in good faith.

If you were injured on the job and fired after, our Schaumburg workers' compensation attorneys can help you understand your rights, including your right to workers’ compensation benefits.

Does Illinois Law Protect You from Being Fired After a Work Injury?

To answer questions of whether it’s legal to fire an employee after they’re injured, it’s important to understand why an employer might try to fire an injured employee in the first place. Illinois doesn't have a law that flatly prohibits firing an injured worker. What it does have are strong protections against firing someone in retaliation for filing or intending to file a workers' compensation claim.

According to Illinois law 820 ILCS 305/4(h), it's illegal for an employer to fire, demote, or otherwise penalize an employee for exercising their rights under the Illinois Workers' Compensation Act. If your employer let you go solely because you filed a claim or asked about your rights, it's "retaliatory discharge," and it’s illegal.

However, if a doctor has cleared you to return to work and you haven't gone back because you’re still in pain, the situation becomes more complicated. For example, an employer may have legal grounds to fire you if they can show the firing was based on your failure to return rather than on your injury or your workers’ comp claim.

What Happens if I Don’t Return to Work Because I’m Still in Pain in Illinois?

Being prematurely cleared to return to work is one place where things may go sideways for injured employees. In Illinois workers' compensation cases, employers and their insurance companies often have the right to send you to an Independent Medical Examination, or IME. Despite the word "independent," these doctors are hired and paid by the insurance company. They have a reputation for minimizing injuries and clearing workers to return to duty sooner than the worker actually should.

If an IME doctor says you're fit to return to work, but you don't go back because you're genuinely still in pain, your employer may argue that your refusal to return is grounds for termination. They may also use the IME report to cut off your temporary disability benefits.

What Can You Do if You Disagree with an IME Finding in a Workers’ Comp Claim?

You don’t have to take an IME finding completely at face value. Take the following steps if you’ve been recommended to go back to work before you’re fully healed:

• Continue treatment with your own doctor. Follow their recommendations carefully.

• Ask your treating physician to document in detail why you are not yet able to return to work.

• Request a second opinion if you believe the IME result is inaccurate.

• Do not sign any paperwork from the insurance company without speaking to an attorney first.

Your treating physician's opinion carries weight. Their opinion can serve as a good comparison to what the IME doctor says. The Illinois Workers' Compensation Commission doesn’t treat Independent Medical Examinations as infallible, especially when your own doctor's records tell a different story.

If you’re worried your job is on the line because of a poor IME recommendation in 2026, also get in touch with a workers’ compensation lawyer as soon as you can. It is possible to fight these cases and get an outcome that’s fair to you. In some cases, federal disability laws like the Americans with Disabilities Act may also require your employer to provide reasonable accommodations before ending your employment. A lawyer can help you understand what you’re entitled to and how best to build your case.  

Call a Palatine, IL Workers' Compensation Attorney Today

The Schaumburg workers' compensation lawyers at Newland & Newland, LLP are local attorneys who genuinely care about their clients and communities. We have many decades of combined experience with workers’ compensation claims and millions of dollars in successful verdicts. Call us at 847-797-8000 today for a free consultation.