Retaliation for Filing Workers' Comp in Wisconsin
Whether an employer in Wisconsin can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: An employer that, without reasonable cause, refuses to rehire an employee injured on the job when suitable work within the employee's limitations is available must pay the employee the wages lost during the refusal, up to one year's wages, in addition to other benefits. Wis. Stat. § 102.35(3)
| Retaliation for filing | An employer that, without reasonable cause, refuses to rehire an employee injured on the job when suitable work within the employee's limitations is available must pay the employee the wages lost during the refusal, up to one year's wages, in addition to other benefits. Seniority rules and collective bargaining agreements govern availability. Court notes in the statutes indicate that firing an employee during the healing period because of the work injury can count as a refusal to rehire. Source: Wis. Stat. § 102.35(3) |
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| Appealing a denial | An administrative law judge decides disputed claims after a hearing. A party may petition the Labor and Industry Review Commission (LIRC) for review; the petition must be received within 21 days after the department mailed the judge's findings and order. Within 30 days after a LIRC order or award, an aggrieved party may seek judicial review in circuit court. |
Where to get help in Wisconsin
More Wisconsin workers' compensation
- Filing a Workers' Comp Claim in Wisconsin
- How Much Workers' Comp Pays in Wisconsin
- Workers' Comp Settlements in Wisconsin
- Suing Over a Work Injury in Wisconsin
- Appealing a Denied Workers' Comp Claim in Wisconsin
- All Wisconsin workers' compensation rules
FAQ
Can you be fired for filing workers' comp in Wisconsin?
An employer that, without reasonable cause, refuses to rehire an employee injured on the job when suitable work within the employee's limitations is available must pay the employee the wages lost during the refusal, up to one year's wages, in addition to other benefits. Seniority rules and collective bargaining agreements govern availability.
How do you appeal a denied workers' comp claim in Wisconsin?
An administrative law judge decides disputed claims after a hearing. A party may petition the Labor and Industry Review Commission (LIRC) for review; the petition must be received within 21 days after the department mailed the judge's findings and order. Within 30 days after a LIRC order or award, an aggrieved party may seek judicial review in circuit court.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.