After a workplace injury, it’s natural to worry about your job. Many employees hesitate to report an injury or file a workers’ compensation claim because they fear their employer might fire them.
The good news is: Wisconsin law protects you from retaliation for filing a legitimate workers’ compensation claim. Here’s what you need to know about your rights—and what to do if you think you’ve been treated unfairly.
Your Right to File a Workers’ Compensation Claim in Wisconsin
Under Wisconsin Workers’ Compensation Law (Wis. Stat. § 102), almost every employer must carry insurance that covers employees injured on the job.
If you suffer a work-related injury or illness, you have the right to file a claim for:
- Medical treatment
- Lost wages (temporary disability benefits)
- Permanent disability benefits, if applicable
- Vocational retraining or rehabilitation
Your employer cannot legally punish you for exercising this right.
Wisconsin Law Prohibits Retaliation
It is against Wisconsin law for an employer to:
- Fire you for reporting a work injury or filing a workers’ compensation claim
- Threaten, demote, or harass you for doing so
- Discriminate against you because you sought benefits
This protection is outlined in Wis. Stat. § 102.35(3). If an employer violates this law, they can be required to pay up to one year of lost wages, plus other damages and attorney fees.
What Employers Can and Cannot Do
There’s an important distinction between retaliation and lawful termination.
Employers cannot fire you because you filed a claim—but they can terminate employment for other legitimate reasons, such as:
- Company layoffs or downsizing
- Proven misconduct or policy violations
- Inability to perform essential job duties (if no light-duty work is available)
If your employer claims your termination is unrelated to your claim, but the timing seems suspicious, talk to a workers’ compensation attorney immediately.
Signs You Might Be Facing Retaliation
You could be experiencing retaliation if your employer:
- Suddenly changes your work schedule or cuts your hours
- Demotes you or transfers you without reason
- Disciplines you unfairly after you file a claim
- Creates a hostile work environment
- Terminates you shortly after you report your injury
Retaliation can be subtle—but the law is clear: it’s illegal.
What to Do If You Were Fired After Filing a Claim
If you believe you were fired or mistreated because you filed a workers’ compensation claim in Wisconsin:
- Document everything. Keep records of emails, messages, and any statements made by supervisors or coworkers.
- File a retaliation complaint. You can report the issue to the Wisconsin Department of Workforce Development (DWD).
- Contact an experienced workers’ compensation attorney. A lawyer can investigate your case, gather evidence, and help you pursue lost wages and damages for unlawful termination.
How a Wisconsin Workers’ Compensation Lawyer Can Help
An attorney can:
- Determine whether your firing was legal or retaliatory
- Represent you in hearings or appeals with the DWD
- Ensure you continue receiving your workers’ compensation benefits
- Protect your rights every step of the way
At Bykhovsky Law, we help injured Wisconsin workers stand up to unfair treatment and get the benefits they deserve. You shouldn’t have to choose between your health and your job.
Speak with a Wisconsin Workers’ Compensation Lawyer Today
If you were fired—or fear losing your job—after filing a workers’ compensation claim, don’t wait.
📞 Contact Bykhovsky Law today for a free consultation with our experienced workers’ compensation attorney. We’ll review your situation, explain your rights, and help you take the next step toward justice.
