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Can My Company Refuse to Rehire Me After An Injury?

January 14, 2020

From being hurt at work to taking on an injury during a car crash, unexpected things can really set you back in life. But, the financial stress and strain that can come from an injury leave people even more worried about what they’ll lose in the future. It’s possible that after recovering from your injury that you may not have a job to return to. But is refusal to hire right?

Difference Between Workers’ Comp Injuries and Everything Else

If you’re hurt at work, then you have a substantial amount of protection. In theory, a workers’ compensation injury will result in the employer having to maintain your position and keep it available for you to return to after you recover.

But, this only applies to workplace injuries. If you were hurt in a car accident or an accident at home, then you don’t have that level of protection. Before getting irritated, though, keep in mind that with At-Will employment, an employer could find any other reason other than the injury to fire an employee while they have a workers’ compensation claim open.

Basically, it is difficult for anyone to ensure that their job is safe while they’re at home recovering from an injury.

When to Call an SSDI Attorney

If you’re starting your disability application, then you probably need the help of an attorney. SSDI and SSI are both available under certain circumstances to help ease financial strain during the recovery. But, SSDI and SSI have strict requirements that many people don’t meet.

SSDI in Wisconsin does not cover short-term disability, meaning that you’ll have to be out of work for at least 12 months to qualify. If you’re worried that your job won’t be there when you’re ready to go back to work, then you might consider training for vocational rehabilitation to make you an ideal candidate to other potential employers.

Contact an SSDI attorney at the beginning of your application. Many people waste weeks or months without financial assistance that they need because of very commonplace but easily avoidable application errors. Issues such as not providing the right form of medical proof or getting a single date wrong can result in the denial of your SSDI application.

What is Refusal to Rehire?

A refusal to rehire alludes to the fact that you were no longer employed with that job. Usually, this happens under reasonable circumstances, such as requesting a leave of absence. But, any leave of absence only has the protection of employment for about two weeks under the FMLA and Wisconsin law. If you needed more than two weeks off to recover, then your leave of absence is purely based on the agreement between you and your employer.

Your employer does not owe you any expectation or position unless you were hurt at work. Even then, the employer could have a different reason for not having your position open for you. There’s nothing more that you can do than hope that your employer will happily allow you to return when you’re ready.

Refusal to rehire is not something that will necessarily warrant legal action unless the injury occurred on the job, and the employer had no other reason to terminate your employment. But in that case, it would be wrongful termination, not a refusal to rehire.

What Should You Expect from Your Employer?

Basically, you should expect anything from your employer unless you were hurt on the job. After a motorcycle crash, car accident, home injury, or even a slip and fall, there’s no guarantee that your job is safe while you’re recovering. That makes it all the more important to apply for SSDI to help ease any financial strain that you’re experiencing from the injuries.

Keep in mind as well that your injuries may not allow you to return to work for some time, even years. In some cases, it won’t be reasonable to return to work at all.

Reach Out to Local Workers’ Comp Injury Lawyers at Tabak Law

At Tabak Law, our goal is to help you overcome any Social Security Insurance or Disability problem. If you were hurt unexpectedly or even at work, then you need someone to advocate for your rights. Many people find themselves without a job and still in medical recovery while facing severe financial setbacks. That’s not right, you need support, and we can help you fight for the support you’re owed.

Call Tabak Law to speak with an experienced and skilled workers’ compensation attorney in Wisconsin right away. It’s our aim to guide the Milwaukee community.

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