Being injured at work can be stressful enough without worrying about losing your job. If you report a workplace injury, file a workers’ compensation claim, or need time away from work to recover, you may be concerned about how your employer will respond. In some circumstances, an employer may have legitimate reasons for terminating an employee. However, an employer cannot simply ignore legal protections that may apply to an injured worker. If you believe you were fired because you reported a workplace injury or sought workers’ compensation benefits, you may have a wrongful termination claim related to unlawful retaliation or other employment protections.
Can You Be Fired After a Workplace Injury?
A workplace injury does not automatically make an employee immune from termination. An employer may still make legitimate employment decisions for reasons unrelated to the injury or a workers’ compensation claim.
However, the timing and circumstances surrounding a termination can raise important questions.
For example, if an employee has a good work history, reports an injury, files a workers’ compensation claim, and is suddenly terminated shortly afterward, the employee may have reason to question whether the injury or claim played a role in the decision.
Wisconsin law specifically addresses certain employer conduct involving workers’ compensation claims. Under Wis. Stat. § 102.35, an employer may not, without reasonable cause, discriminate or threaten to discriminate against an employee because of a claim or attempt to claim workers’ compensation benefits.
What Is Workers’ Compensation Retaliation?
Workers’ compensation retaliation occurs when an employer takes adverse employment action against an employee because the employee exercised rights connected to workers’ compensation.
Retaliation can involve more than termination. Depending on the circumstances, an employee may experience:
- Termination or refusal to rehire
- Demotion
- Reduction in hours
- Changes in job duties
- Threats or harassment
- Unfavorable treatment after reporting an injury
- Pressure not to file a workers’ compensation claim
Not every negative employment action following a workplace injury is retaliation. The specific facts and reason for the employer’s decision matter.
What If You Were Fired After Reporting Your Injury?
If you were terminated after reporting a workplace injury, it is important to look at the circumstances surrounding the decision.
Consider questions such as:
- When did you report your workplace injury?
- When did you file or discuss a workers’ compensation claim?
- How long after the injury were you terminated?
- What reason did your employer give for the termination?
- Had your employer previously raised concerns about your performance?
- Did your treatment change after you reported the injury?
- Were other employees treated differently in similar circumstances?
- Did your employer make comments about the cost of your injury or workers’ compensation claim?
The answers to these questions may help establish a timeline and provide important context when evaluating your situation.
Keep Documentation Related to Your Injury and Termination
If you believe your termination may have been connected to your workplace injury or workers’ compensation claim, preserve documents and communications related to what happened.
This may include:
- Injury reports
- Medical records and work restrictions
- Workers’ compensation claim documents
- Emails and text messages with your employer
- Performance reviews
- Disciplinary notices
- Termination paperwork
- Pay records
- Notes about conversations with supervisors or HR
Wisconsin’s Department of Workforce Development also recommends that injured workers report workplace injuries promptly, obtain appropriate medical attention, and maintain relevant medical and payment records.
Keeping a clear record can help an attorney understand the timeline and determine whether further investigation is appropriate.
What Rights Do Injured Workers Have in Wisconsin?
Wisconsin workers’ compensation law provides protections and benefits to eligible employees who suffer work-related injuries or illnesses. Injured workers may be entitled to medical treatment and, depending on the circumstances, wage-loss or disability benefits.
Wisconsin law also contains protections related to an employer’s treatment of employees who seek workers’ compensation benefits. Under Wisconsin Statute § 102.35(2), an employer that discriminates or threatens to discriminate against an employee because of a claim or attempt to claim workers’ compensation benefits may be subject to penalties.
There are also circumstances involving an employer’s refusal to rehire an injured employee. The law provides specific remedies when suitable employment is available within the employee’s physical and mental limitations and the employer refuses to rehire without reasonable cause.
Because the laws governing workplace injuries and employment termination can be fact-specific, it is important to have your particular situation evaluated rather than assuming that every termination following an injury is unlawful.
What Should You Do If You Believe You Were Wrongfully Terminated?
If you believe your employer fired you because you reported a workplace injury or sought workers’ compensation benefits, consider taking the following steps:
1. Continue following your medical treatment
Follow your healthcare provider’s instructions and keep records of your treatment and work restrictions.
2. Preserve important documents
Keep copies of communications, claim paperwork, medical documentation, termination documents, and other records related to your employment and injury.
3. Write down what happened
Create a timeline of your injury, when you reported it, when you sought medical care, when you filed or discussed your workers’ compensation claim, and what happened afterward.
4. Be careful about signing documents
If your employer asks you to sign a severance agreement, release, or other document following your termination, consider having an attorney review it before signing.
5. Speak with an employment or workers’ compensation attorney
An attorney can review the circumstances surrounding your injury and termination and help determine whether your employer may have violated Wisconsin law.
Talk to an Attorney About Your Workplace Injury and Termination
Being fired after a workplace injury can leave you unsure about your rights and what to do next. While not every termination following an injury is unlawful, the circumstances surrounding your termination may be important.
If you believe you were fired, demoted, or otherwise treated unfairly because you reported a workplace injury or pursued workers’ compensation benefits, an attorney can review your situation and explain your potential options.
For additional information about workers’ compensation rights and responsibilities in Wisconsin, the Wisconsin Department of Workforce Development provides resources for injured workers. Wisconsin Department of Workforce Development: Workers’ Compensation Resources
If you believe your employer retaliated against you after a workplace injury, contact Bykhovsky Law to discuss your situation with our experienced workers’ compensation attorney .
