After a job injury, you could be getting workers’ compensation. You might be on leave or disability as well. The thing is, you might still be worried about losing your job. Unfortunately, there is no simple yes or no as to whether you could be fired while on Wisconsin workers’ compensation. You do have rights that deserve protection, so if you were fired or fear termination, speak with an attorney to protect yourself.
The Wisconsin workers’ compensation lawyers at Axis Legal, LLC are ready to help you. You are not alone, and you have legal rights.
Wisconsin Employers Cannot Fire You Because You Filed a Workers’ Compensation Claim
Filing a workers’ compensation claim should not be the reason your employer wants to fire you. This can include filing the claim, seeking compensation, or reporting your injury.
Retaliatory termination is illegal. Examples include:
- Firing you for reporting an injury
- Threatening termination if you file a claim
- Reducing your hours or demoting you because of your injury
- Pressuring you to return to work before you’re medically cleared
If an employer fires you because you filed a claim, you may have grounds for a retaliation complaint and additional compensation.
But You Can Be Fired While on Workers’ Compensation—Just Not for the Wrong Reason
Wisconsin is an at-will employment state. That means employers can terminate employees for almost any lawful reason, even if the worker is currently receiving workers’ compensation benefits.
Legal reasons for termination may include:
- Company-wide layoffs
- Elimination of your position
- Documented performance issues unrelated to your injury
- Misconduct
- Business restructuring
The key question is why the employer fired you. If the reason is legitimate and unrelated to your injury or claim, the termination may be legal, even if the timing feels unfair.
What Happens to Your Workers’ Compensation Benefits If You’re Fired?
Many Milwaukee workers fear that losing their job means losing their benefits. Fortunately, that’s not how the system works. Your benefits continue as long as you are medically eligible.
If you were legitimately injured on the job and your doctor says you cannot work or must work with restrictions, you may continue receiving:
- Temporary Total Disability (TTD)
- Temporary Partial Disability (TPD)
- Medical treatment
- Mileage reimbursement
- Vocational retraining benefits (in some cases)
Termination does not erase your injury or your right to medical care. However, termination can affect certain benefits.
For example:
- If you are fired for misconduct, you may lose eligibility for some wage-replacement benefits.
- If you refuse suitable light-duty work, benefits may be reduced or denied.
- If your employer claims you were fired for cause, disputes may arise about whether you’re entitled to ongoing payments.
What If Your Employer Replaces You While You’re Out?
Wisconsin law does not require employers to hold your job indefinitely. If your recovery takes months, your employer may hire someone else to fill your position.
However:
- They cannot fire you because of your injury.
- They must still provide benefits while you’re medically restricted.
- They must consider you for available positions once you’re cleared to return.
If your employer refuses to rehire you when you are medically able to work, you may have a claim under Wisconsin’s refusal to rehire statute, which can result in additional compensation.
Signs You May Be Facing Illegal Retaliation
Milwaukee workers should watch for red flags such as:
- Sudden negative performance reviews after filing a claim
- Pressure to return to work early
- Comments suggesting your injury is an inconvenience
- Threats about job security
- Termination shortly after reporting an injury
If something feels off, it’s worth documenting and seeking advice.
Fight Back Against Wrongful Termination Related to Wisconsin Workers’ Compensation Claims
You cannot be fired because you filed a valid claim. You could be let go for other permissible reasons. This makes the analysis complex, and very fact-dependent. The best way to know the answer to your questions is to consult an experienced attorney.
Worn down at work? Let the experienced Wisconsin workers’ compensation lawyers at Axis Legal, LLC review your case. Contact us today for a free, no-risk evaluation.