If you’ve been injured on the job in Wisconsin, you may wonder whether you’ll lose your job if you file a workplace injury lawsuit. It’s a common concern—many workers fear retaliation after a workplace accident. However, Wisconsin law has strong protections for injured employees. This ensures they have the right to file a workers’ compensation claim or lawsuit without facing wrongful termination or discrimination.
In most cases, injured workers receive benefits through Wisconsin’s workers’ compensation system. Workers’ compensation benefits cover medical expenses and lost wages without requiring an injured person to file a lawsuit. It’s considered an “exclusive remedy,” which means you can’t sue your employer. However, in some situations, you may have the right to file a personal injury lawsuit for additional compensation. It’s important to work with a skilled attorney to protect your rights and recover the compensation you’re entitled to.
Can You Sue Your Employer for a Workplace Injury in Wisconsin?
Wisconsin does not allow you to sue your employer for a workplace injury—even if their negligence directly caused the accident. Instead, Wisconsin law follows the exclusive remedy rule. Injured workers must seek compensation through the workers’ compensation system instead of a personal injury lawsuit.
While you cannot sue your employer, Wisconsin law allows increased benefits if the injury resulted from the employer’s intentional, reckless, or illegal actions. An injured worker may receive a 15 percent increase in compensation, up to a maximum of $15,000, if the employer:
- Fails to follow an established safety rule
- Fails to use required safety devices
- Violates a safety order or statute
This increase is meant to penalize employers for unsafe workplace conditions. It does not grant employees the right to file a lawsuit for additional damages like pain and suffering.
Workers’ Compensation vs. Workplace Injury Lawsuits: What’s the Difference?
Workers’ compensation is designed to provide quick and guaranteed benefits to injured employees, regardless of who was at fault for the accident. In Wisconsin, nearly all employers are required to carry workers’ compensation insurance. Workers’ comp insurance covers:
- Medical expenses related to your work injury
- Partial wage replacement for missed work
- Permanent disability benefits if you suffer long-term injuries
- Vocational rehabilitation when you need retraining for a different job
Remember, workers’ compensation does not cover pain and suffering or full lost wages.
Since Wisconsin law prohibits suing an employer, workplace injury lawsuits only happen when a third party is responsible for your injuries. Third parties may include:
- A contractor or subcontractor who created unsafe working conditions
- A defective equipment manufacturer whose faulty product caused an injury
- A negligent driver who causes a work-related vehicle accident
Unlike a workers’ comp claim, a personal injury lawsuit allows you to seek:
- Full lost wages
- Pain and suffering damages
- Punitive damages (in cases of extreme negligence)
A Wisconsin workplace injury attorney can evaluate your case and explain whether you have legal options beyond workers’ compensation.
Legal Protections for Injured Workers in Wisconsin
Wisconsin workers have legal protections so they can report injuries and seek compensation without fear of retaliation. Under Wisconsin law, it is illegal for an employer to fire, demote, or otherwise retaliate against an employee for filing a workers’ compensation claim. Generally, an employer may not fire an employee for filing a third-party suit, either. This means that an employer cannot:
- Fire or lay off a worker for reporting a workplace injury
- Reduce hours, wages, or job responsibilities in retaliation
- Create a hostile work environment to pressure the worker into quitting
Employers who violate these laws can face legal consequences, including fines and potential lawsuits for wrongful termination.
Wisconsin also provides key rights to injured workers, including:
- The right to medical treatment and wage replacement benefits
- The right to appeal if a claim is denied
- Protection from employer retaliation for seeking benefits
Furthermore, federal laws like the Occupational Safety and Health Act (OSHA) protect workers from retaliation for reporting unsafe working conditions. If an employer violates safety regulations, employees can report it without fear of losing their jobs.
People Also Ask: Wisconsin Workplace Injury Lawsuits
Here are some of the most common questions injured workers ask:
Can I get fired for filing a workplace injury lawsuit in Wisconsin?
No, Wisconsin law protects workers from being fired or retaliated against for filing a workplace injury lawsuit or a workers’ compensation claim. If your employer demotes you, cuts your hours, or creates a hostile work environment in response, this may be illegal retaliation.
If you suspect retaliation, document any adverse actions and report them to the Wisconsin Department of Workforce Development. A workplace injury attorney can help you take legal action.
What should I do if my workers’ compensation claim is denied?
If your claim is denied, you can appeal through the Wisconsin Department of Workforce Development. This involves filing a petition for a hearing and providing medical evidence to support your claim. Legal representation is key for a successful appeal. A workers’ compensation attorney can help gather evidence, negotiate with insurers, and argue your case before an administrative law judge.
Can I sue a coworker for causing my workplace injury?
You can sue a coworker if their negligence or intentional act caused your workplace injury. However, for you to get money from them, that employee must have the financial resources to pay any award you are granted. A workplace injury attorney can determine whether filing such a lawsuit might be an option in your case.
Do I need a lawyer to file a workplace injury lawsuit in Wisconsin?
You’re not required to have an attorney for workers’ compensation claims or workplace injury lawsuits. However, hiring an attorney can significantly improve your chances of securing fair compensation. A knowledgeable lawyer can navigate complex legal procedures, negotiate with insurers, and advocate for the full benefits or compensation you’re entitled to.
How long does a workplace injury lawsuit take to settle?
Every case is different. Generally, workers’ compensation claims for minor injuries can take a few months to resolve, although cases involving serious injuries cannot be settled until the injured worker’s injuries have healed. Personal injury lawsuits may take a year or longer, depending on the case’s complexity. Certain factors, including medical treatment, negotiations, and court scheduling, can also extend the timeline.
Contact a Wisconsin Workplace Injury Attorney Today
If you’ve been injured at work, you cannot be fired for filing a workers’ compensation claim. Contact the Wisconsin personal injury lawyers at Schwaba Law Firm today to learn more.
