NEGATIVA A RECONTRATARCuando un empleador se rehusa a re-contratar un trabajador lesionado, la Ley de Compensación Laboral Puede Proveer Ayuda Adicional
If you suffer an injury at work and your employer fires or refuses to hire him again when and can return to work, you can have an additional claim under the Workers’ Compensation Act.
If an employer refuses to hire unjustifiably, the employer only (not the insurance company) must pay the employee up to one year’s salary. The year’s salary is a monetary limit, not one time, meaning that continue to accrue after the first year if you have earned income during that time. Additionally, the applicant need not demonstrate that the company had a reason related to the work injury. All that the applicant must show that she / he was or was employee with a compensable injury when he was denied rehire or derecognised. “Reasonable cause” is a cause or reason is fair, that fits the circumstances, judged within the specific context of a given case.
A common situation in which a claim for refusal to be re-hired is where an employer has experienced a downturn in its business and has no work available is presented. This may be a reasonable listless not re-hire the injured employee because, assuming that the reason given is not simply to discriminate because the person is injured. However, if the employer’s business improvement within a reasonable period of time and suitable work is available, the employer must provide the employee position.
The Supreme Court of Wisconsin and the Wisconsin Court of Appeals have held that Wis. Stat.§102.35 (3) must be liberally construed to continue its purpose of preventing discrimination against employees who have suffered compensable work injuries. Besides protecting employee discrimination, Wis. Stat. § 102.35 (3) also serves to return the work to a person injured with his previous employer.
If You Have Been Fired or you have Denied Re-contracting After Work Injury
- If you were given the refusal to rehire, be sure to notify your employer of restrictions or the lack thereof in writing and explicitly tell your employer that wants to return to work. Keep a record of all communications.
- If your exact position is no longer available when you return to work, or if his position is eliminated, resulting in a decommissioned, tell your employer you are interested in other positions.
- Apply for unemployment benefits. These benefits do not outweigh any damage you receive under Wis. Stat. § 102.35 (3). Additionally, information received from unemployment research process can help to determine the reasons behind the job separation. (Note: Of course there is a risk that says something hurtful to you).
- Keep track of the money you earn after dismissal or refusal to re-employment. Earned income compensated for your damages, and the court or Administrative Law Judge will want to see proof of these earnings.
- There is no explicit obligation to “mitigate damages” under Wis. Stat. § 102.35 (3), meaning it is not required to look for jobs with other employers or risk a reduction in recobro.Sin But no search and apply for other jobs can paint a bad landscape during negotiations and hearings, so we recommend apply for other jobs. Also, if another employer offered him a position and you reasonably refuses to accept, document the reasons why I reject the job. (Note: Do not complete a job search and refuse a job offer will have very different consequences for their eligibility to receive unemployment benefits.)
If you have questions about your employment rights after a workplace injury, contact an experienced workers’ compensation attorney Hawks Quindel for a free consultation.