Can You Be Fired For Filing A Workers’ Compensation Claim In Wisconsin?
At Gillick, Wicht, Gillick & Graf, we have spent decades standing up for injured workers across Wisconsin who are treated unfairly after suffering job-related injuries. One of the most common concerns we hear is simple but serious: “Can my employer fire me for filing a Worker’s Compensation claim?” The truth is that Wisconsin law provides strong protections for employees who exercise their right to seek benefits after an injury. Unfortunately, some employers still retaliate against workers for doing so. When that happens, it is not only unethical—it is illegal.
Wisconsin Law Protects Workers Who File Claims
Under Wisconsin Statutes § 102.35(3), it is unlawful for an employer to discharge or threaten to discharge an employee because that worker has filed, or intends to file, a Worker’s Compensation claim. This provision is part of Wisconsin’s long-standing commitment to ensuring that injured employees can access benefits without fear of retaliation.
The law recognizes that workers should not be forced to choose between their livelihood and their health. Whether you report a work injury, cooperate in an investigation, or file a formal claim, your employer cannot legally punish you for exercising those rights. If they do, you may be entitled to reinstatement, back pay, and other remedies.
What Constitutes Retaliation Under Wisconsin Law
Employer retaliation can take many forms. Some are obvious, such as being fired immediately after filing a claim. Others are more subtle but equally unlawful. Examples include:
- Cutting your hours after reporting an injury
- Reassigning you to undesirable duties or shifts
- Demoting or isolating you at work
- Threatening to fire or discipline you for “causing problems”
- Giving false negative performance reviews after your claim
Under Wis. Stat. § 102.35(3), it is not necessary to prove that retaliation was the only reason for your firing or mistreatment—only that it was a substantial factor. We gather documents, witness statements, and employment records to show patterns of retaliation and protect your rights.
Your Right To Worker’s Compensation Benefits
Filing a claim does not make you an adversary of your employer. The Worker’s Compensation system exists to protect both parties. Under Wisconsin Statutes Chapter 102, injured workers are entitled to benefits such as:
- Medical treatment for work-related injuries
- Temporary or permanent disability payments
- Vocational rehabilitation if you cannot return to your previous job
- Compensation for loss of earning capacity
Employers are required by law to carry Worker’s Compensation insurance, and these benefits are designed to be paid without proving employer fault. When employers retaliate against workers who use the system as intended, they violate public policy and risk significant penalties.
What To Do If You Are Fired After Filing A Claim
If you believe your termination was connected to your Worker’s Compensation claim, it is critical to act quickly. Wisconsin law allows you to file a retaliation claim with the Wisconsin Department of Workforce Development (DWD). You must prove that:
- You engaged in a protected activity (such as filing a claim).
- You suffered an adverse employment action (like being fired or demoted).
- There is a connection between your protected activity and the employer’s action.
As your attorneys, we take immediate steps to secure evidence and pursue your claim through the DWD and, if necessary, the courts. Employers who retaliate can be required to reinstate your employment, pay lost wages, and cover your legal costs.
Worker’s Compensation Frequently Asked Questions
Can My Employer Legally Fire Me While I Am On Worker’s Compensation?
An employer can terminate your employment for legitimate business reasons unrelated to your claim, such as company downsizing or misconduct. However, they cannot legally fire you because you filed for Worker’s Compensation or were injured on the job. If retaliation played any role, the firing may be unlawful.
What If My Employer Claims My Termination Had Nothing To Do With My Injury?
Employers often try to disguise retaliation by citing performance issues or other pretexts. We review employment records, timing, and communications to uncover inconsistencies. If your firing occurred soon after your claim, it raises serious red flags.
How Long Do I Have To File A Retaliation Complaint In Wisconsin?
Under Wis. Stat. § 102.35(3), complaints must be filed with the Department of Workforce Development within 30 days of the adverse action. Acting quickly gives you the best chance of proving your case and protecting your rights.
What Compensation Can I Recover If My Employer Retaliated Against Me?
You may be entitled to reinstatement, back pay, compensation for lost benefits, and other damages. In some cases, additional penalties may be assessed against the employer for violating Wisconsin’s Worker’s Compensation laws.
Does Filing A Retaliation Claim Affect My Worker’s Compensation Benefits?
No. You are still entitled to medical care and disability benefits under your existing Worker’s Compensation claim. The retaliation claim is a separate legal action designed to hold your employer accountable for violating your rights.
Can My Employer Pressure Me To Drop My Claim Or Return To Work Early?
Employers cannot legally coerce you into abandoning your claim or returning before your doctor releases you. Any such pressure should be documented immediately. We often use these communications to demonstrate retaliatory intent.
Do I Need An Attorney For A Retaliation Claim?
Yes. These cases involve complex legal standards and strict deadlines. An experienced Workers’ Compensation attorney can gather the right evidence, communicate with the DWD, and fight for your reinstatement and compensation.
Call Gillick, Wicht, Gillick & Graf Today For A Free Consultation
At Gillick, Wicht, Gillick & Graf, we protect injured workers from unfair treatment and retaliation. Our attorneys understand how intimidating it can feel to challenge your employer—but the law is on your side. If you believe you were fired, demoted, or harassed for filing a Worker’s Compensation claim, contact us immediately.
Contact our Milwaukee workers’ compensation lawyers at Gillick, Wicht, Gillick & Graf by calling 414-257-2667 to receive a free consultation. With offices in Milwaukee and representing workers across Wisconsin, our team is ready to defend your rights and fight for the justice you deserve.
