Failure to Rehire in Workers' Comp

Greater Milwaukee and Waukesha Workers' Compensation Attorney

Following a workplace injury, you may be wondering how soon you will be able to go back to work. For some injured workers, this can be weeks. For others, it may be months or even longer. Either way, it is important to know your legal rights under Wisconsin's workers' compensation laws.

At the Kmiec Law Offices, SC, we have been representing injured workers and their families since 1979. If you have been injured on the job and want to know when and if your employer will rehire you, contact us to discuss your case. We will inform you of your rights, and work to make sure they are protected.

Employee/Employer Rights

After you have been injured on the job, your employer is obligated to offer you employment if suitable employment becomes available, and if the position meets the physical and mental limitations that your doctor has given. If your employer refuses to rehire you under these conditions without reasonable cause, you may be eligible to obtain compensation for lost wages during the period of refusal.

However, it is important to note that your employer does not have any legal obligation to hold your former position open, or to create a new position once you have been cleared to return to work. This lack of a guarantee equals instability for you and your family.

Workers' compensation law can be very complex. As your legal representative, we will work to make sure you fully understand the process and what the law means to your particular situation. If you feel as though you were unfairly treated by your employer, we may be able to file an application for a hearing to recover your lost wages.

To learn more about your options, or to schedule a free initial consultation with one of our Milwaukee failure to rehire claim lawyers, call us at 800-578-8674. You may also contact us online.