Minnesota workers’ compensation is typically an exclusive remedy. In other words, you cannot sue the employer for damages but must file a claim for workers’ compensation benefits. Despite having the workers’ compensation claim, you can still file a complaint with OSHA regarding the employer’s conduct.
An employer is prohibited from retaliating against the injured worker for making a complaint. Retaliatory conduct can include the following:
• Demotion
• Reprimand or disciplinary actions
• Denial of benefits
• Wrongful termination
• Harassment, making fun of, or intimidation
• Deduction of wages and hours
• Transfer or reassignment
There are specific limitations as to when you can file your complaint. It is important to speak with a lawyer who is experienced in this area as you may have the ability to bring a private action against the employer. If you would like to discuss your work-related injury, please feel free to contact the Law Office of Thomas D. Mottaz.
