I was fired for a work related injury.

Asked about 2 years ago - Madison, WI

My employment was terminated this past week after I spoke with my supervisor that the work related injury I suffered this past winter had never gotten better and now it was worse than ever. I told him that I'm not quitting my job, I just need to go back onto workers comp and get completely healthy. I received a letter in the mail 3 days later stating my employment has been terminated. After contacting my employer and telling them that they cannot legally fire me for a work related injury they sent me another letter reinstating my employment. My question is , do I have to accept the reinstatement or can I decline and run the gambit of the legal system and not return to the job where I'm sure they'll fabricate a trumped up reason to release me?

Attorney answers (3)

  1. Aaron N. Halstead

    Contributor Level 10


    Lawyers agree

    Answered . The answer to your question is very much dependent on the facts of your case, and cannot be answered with any confidence without knowing more about the injury itelf, the prognosis, the length of time you were off off work, and the nature of your employer's business.

    We represent many people who have been fired after a work injury, and would be happy to speak with you about your case.

    Aaron N. Halstead
    Hawks Quindel, S.C.

  2. Randy T. Enochs

    Contributor Level 16


    Lawyer agrees

    Answered . You may have some difficulty in not accepting reinstatement but may perhaps bargain for severance pay (aka front pay) in lieu of reinstatement if you don't feel comfortable returning to this employer. If you file any sort of disability discrimination or unreasonable refusal to rehire charge, the fact they tried to reinstate you may show that you failed to "mitigate your damages" which is a defense to any charge you may file. Best to consult with an employment attorney before proceeding or making any decisions.

  3. George Ellis Corson IV

    Contributor Level 20

    Answered . If you are released back to work and do not return, they do not have to "trump up" a charge. Job Abandonment will work just fine. ;-)

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