Can I Be Fired For Filing A Worker’s Compensation Claim In Wisconsin?

Workplace injuries can leave employees with mounting medical bills, lost wages, and concerns about job security. Many workers wonder whether filing a worker’s compensation claim could put their jobs at risk. Wisconsin law provides strong protections for injured workers, making it illegal for an employer to fire someone solely because they filed a worker’s compensation claim.

Employers cannot retaliate against workers who exercise their legal rights under the Wisconsin Worker’s Compensation Act. However, this does not mean an employer is prohibited from terminating an injured worker for other legitimate reasons. Understanding the legal protections and limitations is critical for workers recovering from an injury. If an employer retaliates, the worker has legal options to challenge the wrongful termination and seek appropriate remedies.

Wisconsin Law Protects Workers From Retaliation

Under Wis. Stat. § 102.35(3), it is unlawful for an employer to terminate, discriminate, or retaliate against an employee for filing a worker’s compensation claim. Employers who violate this law can be required to reinstate the employee and pay lost wages. Wisconsin’s legal protections exist to ensure workers feel secure in reporting workplace injuries without fear of losing their jobs. However, employers are still allowed to fire an employee for reasons unrelated to the worker’s compensation claim, such as poor performance or company downsizing.

Can An Employer Fire An Employee While They Are On Worker’s Compensation?

An employer has the legal right to terminate an employee while they are receiving worker’s compensation benefits, but only for legitimate business reasons. Wisconsin law does not guarantee job security after a work injury, but it does protect employees from retaliation. If an employer claims a termination is based on factors like company downsizing, policy violations, or poor performance, the worker may need to prove that the firing was actually motivated by retaliation to have a successful claim.

Wrongful Termination And Retaliation Claims

If an employee believes they were fired in retaliation for filing a worker’s compensation claim, they have the right to take legal action. Under Wis. Stat. § 102.35(3), a worker can seek reinstatement and lost wages if they can prove that the termination was retaliatory. This process typically involves filing a complaint with the Wisconsin Department of Workforce Development and presenting evidence that the firing was connected to the worker’s compensation claim.

What Happens If A Worker Cannot Return To Their Job?

If an injury prevents an employee from returning to their previous job, Wisconsin worker’s compensation law may provide vocational rehabilitation benefits under Wis. Stat. § 102.61. These benefits help injured workers obtain retraining for a new line of work if they are unable to perform their prior job duties. Worker’s compensation benefits will generally continue until the employee reaches maximum medical improvement (MMI) or completes an approved retraining program.

Wisconsin Worker’s Compensation Claim FAQs

Can My Employer Fire Me Just Because I Filed A Worker’s Compensation Claim?

No, Wisconsin law prohibits employers from terminating or discriminating against an employee solely for filing a worker’s compensation claim. If an employer does so, the worker can take legal action under Wis. Stat. § 102.35(3) to seek reinstatement and lost wages.

What Should I Do If I Believe I Was Fired In Retaliation For Filing A Worker’s Compensation Claim?

If you suspect retaliation, gather any evidence that connects your termination to your worker’s compensation claim, such as emails, witness statements, or suspicious timing of the firing. You can file a complaint with the Wisconsin Department of Workforce Development to challenge the termination.

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

Yes, but only for legitimate business reasons unrelated to your injury claim. Employers can terminate employees for performance issues, company downsizing, or workplace violations. However, if the termination is a form of retaliation, legal action can be taken.

What Happens If I Am Fired While I Am Still Recovering From A Work Injury?

If you are fired while receiving worker’s compensation, your medical and disability benefits should continue until you reach maximum medical improvement. If your injury prevents you from returning to work, you may also qualify for vocational rehabilitation under Wis. Stat. § 102.61.

Can I Sue My Employer For Firing Me After Filing A Worker’s Compensation Claim?

You cannot sue your employer directly for a wrongful termination related to worker’s compensation, but you can file a claim for reinstatement and lost wages through the Wisconsin Department of Workforce Development.

Can My Employer Retaliate Against Me In Other Ways Besides Termination?

Yes, retaliation can take different forms, including demotions, pay cuts, or unfavorable job assignments. Any form of punishment for filing a worker’s compensation claim is illegal under Wisconsin law.

Does Worker’s Compensation Guarantee That I Can Return To My Job?

No, Wisconsin law does not require employers to hold a job open indefinitely. However, if your injury prevents you from returning to work, you may be eligible for vocational retraining benefits or a loss of earning capacity claim.

How Can I Prove That I Was Fired In Retaliation For Filing A Worker’s Compensation Claim?

Proving retaliation often requires showing a connection between your termination and your worker’s compensation claim. This may include timing (if the firing happened shortly after filing the claim), changes in employer behavior, or written records suggesting retaliation.

What Compensation Can I Receive If I Prove Retaliation?

If you successfully prove retaliation, you may be entitled to reinstatement, back pay for lost wages and additional penalties against your employer under Wis. Stat. § 102.35(3).

Can I Be Fired If My Work Injury Prevents Me From Doing My Job?

If your injury permanently prevents you from returning to your job, your employer is not required to keep your position open. However, you may be eligible for vocational retraining to transition into a new job or a loss of earning capacity claim.

Contact Our Milwaukee Worker’s Compensation Lawyer For A Free Consultation

If you were fired after filing a worker’s compensation claim, you may have legal rights under Wisconsin law. Employers cannot retaliate against injured workers who exercise their right to seek benefits. If you believe your termination was unjust, Gillick, Wicht, Gillick & Graf can help you fight for your job and recover lost wages.

Contact our Milwaukee worker’s compensation lawyer at Gillick Wicht & Graf by calling 414-257-2667 to receive your free consultation. Our offices are located in Milwaukee, and we represent injured workers throughout Wisconsin.