Is My Employer Required To Hold My Job While I Am On Worker’s Compensation In Wisconsin?

As attorneys helping injured workers across Wisconsin, including right here in Milwaukee, we are often asked one critical question, “Is my employer required to hold my job while I’m on Worker’s Compensation?” It’s an understandable concern. When you’ve been hurt on the job and are receiving medical treatment or recovering from surgery, your paycheck may be protected through benefits—but what about your actual position at work? Will you still have a job to go back to?

Wisconsin Worker’s Compensation laws are designed to protect employees injured on the job, but they do not specifically guarantee job protection or reinstatement. That said, there are circumstances where your job may be protected under other state or federal laws, or through union contracts or company policies. Understanding your rights starts with knowing what Wisconsin law does—and does not—require when it comes to your employment after an injury.

Wisconsin Worker’s Compensation Law And Job Protection

Under the Wisconsin Worker’s Compensation Act (Chapter 102, Wisconsin Statutes), your employer is legally required to carry insurance that provides medical care and wage replacement if you are hurt at work. However, the statute does not explicitly require an employer to hold your job while you recover.

That means your employer can, in some cases, fill your position or terminate your employment, as long as the decision is not retaliatory or discriminatory. Wisconsin law prohibits employers from firing or punishing an employee for filing a Worker’s Compensation claim under Wis. Stat. § 102.35(3). If an employer does terminate or refuse to rehire you without reasonable cause following a work-related injury, you may be entitled to compensation of up to one year’s wages.

When Job Protection May Still Apply

While Worker’s Compensation itself does not guarantee job reinstatement, there are other legal protections that may apply:

• Family and Medical Leave Act (FMLA) – If you work for an employer with 50 or more employees and have been employed for at least 12 months, you may be entitled to up to 12 weeks of unpaid, job-protected leave under the federal FMLA and the Wisconsin Family and Medical Leave Act (Wis. Stat. § 103.10). This leave can be used for a serious health condition, which includes work-related injuries.
• Americans with Disabilities Act (ADA) – If your injury results in a disability, your employer may be required to make reasonable accommodations under the ADA. This could include extended leave or modified job duties if they do not pose an undue hardship.
• Union Contracts – If you’re part of a union, your collective bargaining agreement may contain language requiring your employer to hold your job for a certain period or offer you a similar position upon your return.

What We Recommend After A Work Injury

After a job-related injury, we always encourage our clients to notify their employer immediately, seek appropriate medical treatment, and follow their physician’s restrictions. You should also keep written documentation of your medical condition and your communication with your employer.

If you are ready to return to work but your employer refuses to rehire you without a valid reason, we can help you pursue benefits under Wis. Stat. § 102.35(3). These cases can be complex, and proving the employer’s intent often requires legal experience and documentation.

Frequently Asked Questions About Job Protection During Worker’s Compensation In Wisconsin

Can My Employer Fire Me While I’m On Worker’s Compensation?

Yes, but not for filing a claim or because of your injury. Wisconsin law does not prevent an employer from terminating you for unrelated reasons such as layoffs, misconduct, or company restructuring. However, if the firing was retaliatory or discriminatory, we may be able to take legal action under Wis. Stat. § 102.35(3) or other employment laws.

What Happens If My Employer Fills My Position While I’m Out?

Wisconsin Worker’s Compensation law does not require your employer to hold your exact job while you recover. If they fill your position, they are not breaking the law unless they did so to punish you for filing a claim. However, they may be required to consider you for rehire or provide compensation if their actions were unjustified.

Can I Be Reinstated After Recovering From My Injury?

You may be reinstated if your employer voluntarily agrees, if you have union protections, or if you’re covered under laws like the FMLA. If your doctor clears you for work with or without restrictions, and your employer refuses to rehire you without a valid reason, we may be able to recover compensation on your behalf.

Does The FMLA Protect My Job If I’m Injured At Work?

Possibly. If you qualify for FMLA coverage, you may take up to 12 weeks of unpaid, job-protected leave. Keep in mind that FMLA and Worker’s Compensation can run concurrently. Once your FMLA period ends, the law does not require your employer to extend your job protection.

What If I Can Return To Work But With Restrictions?

Your employer must consider offering light-duty or modified work if it fits within your restrictions and does not pose an undue burden. If they refuse without justification and you are unable to find suitable work elsewhere, you may be eligible for vocational rehabilitation or additional benefits through the Worker’s Compensation system.

Can I File A Claim If My Employer Refuses To Rehire Me After My Injury?

Yes. If your employer refuses to rehire you without reasonable cause, we can help you file a claim for up to one year’s worth of wages. This is separate from your regular Worker’s Compensation benefits and can make a significant difference for your financial recovery.

Call Gillick, Wicht, Gillick & Graf If You’re Concerned About Job Protection After A Work Injury

At Gillick, Wicht, Gillick & Graf, we understand how stressful it can be to recover from a work injury while also worrying about your job security. If your employer has refused to hold your job, filled your position, or treated you unfairly after filing a Worker’s Compensation claim, we’re ready to help you understand your rights and protect your future.

Contact our Milwaukee worker’s comp attorneys at Gillick, Wicht, Gillick & Graf by calling 414-257-2667 to receive a free consultation. We represent injured workers across Milwaukee and throughout Wisconsin, and we’re committed to making sure you get the benefits and protection you deserve.