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  1. #1
    Join Date
    Aug 2006
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    17

    Default Wisconsin Issue at Work with Injury

    I recently got injured outside of work. I hurt my leg to a point where I have trouble walking and all that kind of stuff. I went to a doctor and he concluded that I should not work at this point. I informed work and had the doctor's excuse taken in and they informed me that I would be terminated if I did not get someone to cover all the shifts I would miss. Due to the number of workers, the hours and other issues (IE school starting again soon) this is IMPOSSIBLE. Thus they are putting me into a position where either I come back to work or I get fired. As such, if I go back to work with their knowledge of this injury and it worsens to the point where I can no longer work OR leads to another injury (IE today they tried to make me climb a ladder. If I am made to climb one and I fall off) can I collect benefits?

  2. #2
    Join Date
    Jul 2006
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    Northern California
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    252

    Default Re: Wisconsin Issue at Work with Injury

    Quote Quoting hotoro
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    I recently got injured outside of work. I hurt my leg to a point where I have trouble walking and all that kind of stuff. I went to a doctor and he concluded that I should not work at this point. I informed work and had the doctor's excuse taken in and they informed me that I would be terminated if I did not get someone to cover all the shifts I would miss. Due to the number of workers, the hours and other issues (IE school starting again soon) this is IMPOSSIBLE. Thus they are putting me into a position where either I come back to work or I get fired. As such, if I go back to work with their knowledge of this injury and it worsens to the point where I can no longer work OR leads to another injury (IE today they tried to make me climb a ladder. If I am made to climb one and I fall off) can I collect benefits?

    I don't know what you mean by that. Were you on the clock? Were you driving home? Were you on a sidewalk outside of where you work?

    Why do you believe this is a Workers' Compensation injury and question?

    If this was truly a Workers' Compensation injury, then your employer cannot legally fire you because doing so would be considered retaliation. Your employer wouldn't want a retaliation lawsuit. But, if this happened "off the clock" and you weren't working at the time of the injury, then your employer can fire you at any time they want, and for no reason at all.

    So, please list your facts and reasons.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Wisconsin Issue at Work with Injury

    I think the worker's comp aspect of the question is, "If I return early and am injured at work (e.g., by falling off of a ladder or if it leads to another injury) do I qualify for worker's compensation benefits?" If that's the question, it's going to depend upon the facts and nature of the injury.

    Do you know if your employer falls under the FMLA (Family Medical Leave Act) - The FMLA applies to any employer in the private sector who engages in commerce, or in any industry or activity affecting commerce, and who has 50 or more employees each working day during at least 20 calendar weeks in the current or preceding calendar year. Have you worked there for more than a year (total), and for at least 1,250 hours during the past 12 months?

  4. #4
    Join Date
    Jul 2006
    Location
    Northern California
    Posts
    252

    Default Re: Wisconsin Issue at Work with Injury

    Quote Quoting aaron
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    I think the worker's comp aspect of the question is, "If I return early and am injured at work (e.g., by falling off of a ladder or if it leads to another injury) do I qualify for worker's compensation benefits?" If that's the question, it's going to depend upon the facts and nature of the injury.
    I guess I didn't see that part, or it didn't register. Thank you for pointing it out.

  5. #5
    Join Date
    Aug 2006
    Posts
    17

    Default Re: Wisconsin Issue at Work with Injury

    I am not covered b/c I have only been there a few weeks but the business does fall under FMLA.

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