Wisconsin Court Lowers Bar for Injury Rehire Claims
The Wisconsin Court of Appeals rules that workers no longer need to prove a causal link between injury and termination.
Updated on Oct. 22, 2026 in Jobs — General
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On October 6, 2026, the Wisconsin Court of Appeals ruled that injured employees only need to show employment, injury, and a failure to rehire to establish a claim. This decision clarifies that workers are not required to prove their termination was caused by their workplace injury.
Why it matters
The ruling streamlines the legal process for injured employees seeking compensation under the state's Worker's Compensation Act. By removing the burden of proving that a refusal to rehire was injury-related, the court makes it easier for workers to seek wage loss awards.
The court affirmed an administrative award of one year of wage loss, which represents the maximum duration allowed for such claims. This follows a timeline where the injury occurred on Jan. 9, 2017, and the employee was released for work on Feb. 28, 2017.
The players
Wisconsin Court of Appeals
This is the intermediate-level appellate court in the state of Wisconsin responsible for reviewing decisions from circuit courts and administrative agencies.
Bartelt Custom Automotive, Inc.
This is a Milwaukee-based automotive business that was the defendant in the recent appellate case regarding employee rehire obligations.
Kevin Warlow
He is the injured employee whose case against his former employer reached the state appellate level regarding worker compensation benefits.
The details
Under the new precedent, employers are required to offer qualified injured employees available positions upon their release to work. Employees must still demonstrate good faith by actively searching for other employment to qualify for these benefits.
Timeline
January 9, 2017: Kevin Warlow sustained a workplace injury.
February 28, 2017: Kevin Warlow was released to return to work.
October 6, 2026: The Wisconsin Court of Appeals issued the Bartelt decision.
Market Landscape
This ruling shifts the competitive environment by increasing the compliance requirements for Wisconsin employers regarding post-injury hiring. It forces businesses to standardize their rehire offers to mitigate liability risk under the Wisconsin Worker's Compensation Act.
Workers in Wisconsin now have a more accessible path to securing wage loss benefits if they are not rehired following a workplace injury. Employers are expected to adjust their hiring policies to offer qualified injured staff available roles to minimize legal liability.
The takeaway
Employees should be aware that they now have a lower evidentiary burden when pursuing rehire claims following a work injury. It is recommended that workers maintain documentation of their own good-faith efforts to find work while navigating these legal claims.
Further reading
Learn more about local labor regulations in the Jobs — General section.
Source note: This article includes information reported by The National Law Review - A Free To Use Nationwide Database of Legal Publications.
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