An injured worker who is subsequently fired by their employer may have an additional claim under the Worker’s compensation Act.
When an employer unreasonably refuses to rehire an injured worker, the employer is liable to the injured worker for up to one year’s pay. In order for a wrongful refusal claim to be successful the injured worker must only show that he or she was an employee, with a compensable work injury, who was refused rehire or discharged. The employer then has the burden to show reasonable cause for this refusal to rehire or discharge. “Reasonable cause” is a cause or reason that is fair, just, or fit under the circumstances, judged within the specific context of a given case.
What to do if you are fired or wrongful refused rehire
1. If you are wrongly refused to be rehired make sure your employer is aware of your restrictions, in writing, and explicitly inform them that you are willing and ready to return to work.
2. If the position you held when you were injured is no longer available inform them that you are interested in other positions, as well.
3. Apply for unemployment as the information that you receive during this process can aid in showing that the employer did have work available and should have provided it to you. In addition, unemployment benefits will help you stay afloat while you are off of work.
Contact a Wisconsin Workers’ Compensation Attorney Today!
If you have been injured at work you need the legal representation that the experienced and skilled workers compensation attorneys at Tabak Law, LLC will provide. Your employer and their insurance company have their best interest in mind and will do their best to settle your claim for as little as possible; DO NOT allow this to happen, speak with one of our experienced attorneys today!
For a free workers compensation consultation contact a lawyer at Tabak Law, LLC by calling (414) 351-4400. We know that it’s not always easy to get to an attorney, so we offer home and hospital visits for your convenience