Legal Question in Workers Comp in Wisconsin

My rights when I get back to work

In July 2007 I had hurt my back at work. I will be out of work for about 12 weeks. I had to have back surgery. Does you employer have hold your job for you or can they just bring someone else in to fill your spot leaving me without a job? How long do they have to tell you if you are a key employee?


Asked on 10/03/07, 11:24 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Re: My rights when I get back to work

I do not know of any law which requires WI employers to rehire someone returning to work following an absence required for full recovery from a work related injury. However, if the worker does recover compensation, he or she may be entitled to a 15% increase in the award due to "unreasonable refusal to rehire." Even this is only true, however, if you are still fully able to perform the job within your doctor's lifting restrictions and/or other limitations.

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Answered on 10/04/07, 2:34 pm


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