What is my legal recourse if my manager at work has had several conversations with my peers about my worker’s comp claim?

UPDATED: Sep 29, 2022

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What is my legal recourse if my manager at work has had several conversations with my peers about my worker’s comp claim?

Telling them things like I am faking my injury, results of X-rays and other doctor’s results. Also, this company is trying to fight my worker’s comp claim by telling me they feel I am in a physically abusive relationship at home which I feel is slander. I was told by my superior that if I did not go against my work restrictions, I was going to be disciplined on multiple occasions. And lastly, my boss’s boss mocked me openly in front of a large group of my peers today due to my worker’s comp injury. Do I have a leg to stand on to go forth in perusing legal action? Also, what kind of lawyer do I need to seek if I have reason for legal action?

Asked on July 28, 2015 under Personal Injury, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Defamation is publically (i.e. to any third parties; that is, to any person not you) making negative factual statements (so not negative opinions or negative true facts, but negative lies or untruths about facts) which damage your reputation. Telling your coworkers that you have faked injuries and claiming that you are in an abusive domestic relationship--assuming that these things are not true--would seem to be defamation. Based on what you write, you may therefore have a defamation claim against your manager personally and possibly against your employer as well (if the employer is aware of his acts, which are being ostensibly done for the company's benefit [i.e. to fight your worker's comp claim] and, even though aware of them, let's him continue doing this). 

It would be worth your while to consult with a personal injury attorney about this situation in detail; many such attorneys will provide a free initial consultation, and you can inquire into this before making the appointment. Do not call from a company phone, or use a company phone, computer, server, network, etc. to email or text the lawyer--companies can, to greater and lesser degrees, monitory communications over their equipment or facilities.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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