Can I be fired or terminated after a work injury or workers compensation claim? Not in Wisconsin because of filing a workers compensation claim. Of course the employer will never admit the termination or firing is due to the worker's compensation claim.
Can an employee be fired or terminated for making a workers comp claim? No, in Wisconsin an employee cannot be fired or terminated for filing a worker's compensation claim. But rarely does an employer leave any evidence of this as a reason for a termination, there is no smoking gun. Instead, what happens is the IME doctor hired by the worker's compensation insurance company will lay a basis for a termination in the IME report. The IME doctor will state that the injured worker does not have a work-related injury or the worker does not have work-related restrictions preventing him from doing her job. Then when the injured worker follows his own doctor's advice and stays within his restrictions, he is terminated. The other method of termination, even in conceded claims, is when the worker presents himself for a return to work with restrictions, the employer will say they have no jobs within the restrictions. This may be true, but if it is not, then the injured worker may have a refusal to rehire worker's compensation claim.