In the state of Wisconsin you cannot sue for a work-related injury. According to the law, you can recover damages only under the workers compensation scheme.
Employees in the state of Wisconsin have the right to receive fair pay for their work, they are protected against discrimination, and they have the right to a safe workplace, free from exposure to toxic chemicals and other hazards. When they have a work-related problem, many people wonder whether they can sue their employer. There is no simple answer to this question and it would be best to talk to a skilled Wisconsin employment lawyer. In certain cases, you are required to go through a complex complaint procedure before you can file a lawsuit, while in other cases, like a work injury, you cannot sue your employer.
Can I sue my employer for discrimination in Wisconsin?
The Wisconsin Fair Employment Law prohibits workplace discrimination based on age, race, religion, color, disability, marital status, sex, national origin, sexual orientation, arrest record, etc.
Discrimination is defined as unfair treatment of one or more employees in a protected class. For instance, if a person of color is overlooked for a well-deserved promotion, this can be considered a case of discrimination. Likewise, the use of derogatory terms or making disparaging comments about people in a protected class are also against the law.
Anti-discrimination laws apply to hiring and firing personnel, as well. If an employer turns your job application down because you have a protected characteristic or if you are fired for such a reason, you need to contact a good employment lawyer in Milwaukee and file a complaint. You can file a discrimination complaint with the Wisconsin Equal Rights Division (WERD) or with the Equal Employment Opportunity Commision (EEOC). The agency will review your case and if they find your complaint is justified they will offer to negotiate a settlement with your employer. Your employer will explain what sort of damages you can claim and will be by your side during the negotiation.
If an agreement cannot be reached, you may be issued a ‘notice to sue’ and your lawyer can file a lawsuit at this time.
Can I sue my employer for sexual harassment?
Sexual harassment falls under sex-based discrimination. In such a case it is recommended you file an internal complaint first. If your complaint is ignored you can take it up with the WERD or the EEOC. You should consult with a sexual harassment lawyer to make sure you have a strong case. Whether you are harassed by a supervisor or a coworker, try to gather as much evidence as possible. Save any sexually-explicit message you are sent, take pictures of offensive displays in the office and keep a detailed journal of all the incidents. Also, your lawyer will try to talk to your coworkers to see if they are willing to testify on your behalf. If you do not bring ample proof of your harassment, your case may be dismissed.
In some cases, the EEOC might decide to sue on your behalf. If not, they will give you the right to take your employer to court.
Can I sue my employer for a work injury?
In the state of Wisconsin you cannot sue for a work-related injury. According to the law, you can recover damages only under the workers compensation scheme. However, if your employer denies you coverage, then you may be able to sue your employer.