Q: Can my employer fire me after I sustain a work related injury?
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| Atty. Kashoua Yang |
A: No and Yes. After you are released from treatment to return to work without permanent restrictions, the employer must offer you work or risk having to pay a penalty. Similarly, if you are assessed with permanent restrictions by your doctor and your employer has a job within your permanent restrictions then the employer must offer the job to you or risk having to pay a penalty. This penalty may be up to one year’s wages. A permanent restriction is a work restriction imposed by your doctor on your capacity to work. An example of a permanent restriction is a lift restriction of no more than 10 pounds. However, if you cannot perform your job within your permanent restrictions or if no job exists within your permanent restrictions, the employer does not have to take you back and can terminate your employment.
If you have any further questions, please feel free to contact Attorney Kashoua Yang at Hawks Quindel, S.C., 414-271-8650 or KYang@HQ-law.com.
Disclaimer
The information provided is not for the purpose of providing legal advice. The legal analysis of any situation depends on a variety of factors which cannot be properly represented or accounted for on this informational material. If you have questions on your specific factual situation, you should contact an attorney.
Have a question for Ask A Lawyer? Email bwegner@milwbar.org. And visit Milwaukee Bar Association’s Lawyer Referral Service at www.findmilwaukeelawyers.org for additional information.
