In Wisconsin, Can You Sue If Your Boss Won't Let You Return After A Work-Related Injury Leave?
According to the Wisconsin Workers' Compensation Act, your employer cannot refuse to rehire you after you have been injured on the job and are cleared to return to work by your doctor. This is so long as the employer has suitable employment available for you. However, the act does not require your employer to hold your job position for you while you are recovering from your injury. While this may all sound confusing, see if you can learn about it below.
You Can Be Offered Light Duty Work or Vocational Retraining
Upon the okay from your doctor to return to work, if you are not able to do the same job you previously did, your employer has a couple of options to offer you. They can offer you light duty work if it is available and as long as it is within your physical and mental limitations. If you are offered light duty work and you refuse it, this could affect your workers' compensation benefits.
Another option is vocational retraining. This is when you are offered to be trained to do another job position within the company. Again, if you are offered vocational retraining by your employer and you refuse, this may affect your workers' compensation benefits.
James R. Stahl Vs. Light Haus of Madison Court Case
In the state of Wisconsin, you do have the right to sue your employer if he/she refuses to rehire you after a worker's compensation related leave. In fact, the case of James R. Stahl versus Light Haus of Madison is frequently referenced by lawyers who are defending an employee suing his/her boss because the boss refused to rehire the employer after a worker's compensation leave.
In this particular case, Mr. Stahl suffered a knee injury while on the job. Upon clearance to return to work by his doctor, his employer, Light Haus of Madison, unreasonably refused to rehire him. The company could not show the court that Mr. Stahl was not able to perform the duties of his job and they were required to pay his wages lost during the refusal to rehire period.
If your employer does not rehire you after you come back from a work injury, you may file a claim under the Workers' Compensation Act. If you are not offered light duty work or vocational retraining, you do have the right, under the act, to try and recoup your losses starting from the day that your employer refused to rehire you.
For more information on worker's comp in your area, talk to a company like Lawyer Referral Service of Central Texas.