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Can my employer discipline me for seeking workers’ compensation?

Despite the precautions you and your co-workers take, you were injured on the job. Your injuries required medical attention and time off work to recuperate. You may already know that workers’ compensation law allows you to make a claim for compensation for a work-related injury or illness, but you can be confused and worried if your employer is saying you cannot get workers’ compensation or that you will be fired or demoted if you file a claim. You and other Wisconsin residents should understand your rights when it comes to seeking workers’ compensation, as well as workers’ compensation retaliation.

According to FindLaw, workers’ compensation retaliation occurs if an employer makes false statements about your right to seek compensation or takes adverse actions against you if you file a claim. Employers pay workers’ compensation insurance premiums, which can go up if an employee is injured and files a claim. As such, your employer may rightfully encourage safety in the workplace. However, your rights are violated if your employer gives you misinformation or retaliates against you in the following ways:

  • Telling you that you must use your own insurance or pay for your medical expenses out of your own pocket
  • Threatening to terminate or reassign you to an undesirable position if you file a claim
  • Informing you that you will face legal action if you seek workers’ compensation
  • Taking any measures to prevent you from rightfully seeking compensation or from getting information on how to file a claim

Workers’ compensation retaliation is unlawful. You may need experienced counsel to uphold your rights or to assist you in filing or appealing a claim. This information is not meant to replace the advice of a lawyer.

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515 Belknap Street
Superior, WI 54880

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