Firing While on Light Duty in Wisconsin: Workers' Compensation Implications

What Light Duty Means in Wisconsin

Light duty, also called modified duty, is a work arrangement where an injured employee is assigned tasks that match their current medical limitations. Wisconsin law requires employers to offer reasonable accommodations and to maintain the employee's salary or a portion thereof during the period of incapacity.

Legal Protection Against Termination

Under the Wisconsin Workers' Compensation Act, an employee cannot be terminated solely because they are receiving benefits or are on a light‑duty schedule. Termination must be for a legitimate, non‑discriminatory reason, such as performance issues unrelated to the injury or a company restructuring that does not target the injured worker.

When Termination Is Allowed

Allowed reasons include:

• Failure to meet performance standards that are not tied to the injury
• Violation of company policy that is not related to the injury
• Business closure or position elimination that is unrelated to the employee's health status

Proving Wrongful Termination

If an employee believes they were fired because of their injury or light‑duty status, they can file a claim with the Wisconsin Department of Workforce Development. Evidence may include:

• Documentation of the injury and medical restrictions
• Performance reviews prior to the injury
• Correspondence that hints at bias or discrimination

Steps to Protect Your Rights

1. Keep detailed records of all work assignments and communications. 2. Request a written statement of the termination reason. 3. Consult a workers' compensation attorney within 90 days of dismissal.

Potential Remedies

Wrongful termination can lead to reinstatement, back pay, and compensatory damages. The court may also award punitive damages if the employer's conduct was willful.

Summary

In Wisconsin, firing an employee while on light duty is permissible only for legitimate, injury‑unrelated reasons. Employees should document all interactions and seek legal counsel promptly if they suspect discrimination.