Fired for Filing a Workers’ Comp Claim

What Is Workers’ Compensation Retaliation?

Workers’ compensation retaliation happens when an employer punishes, threatens, or fires an employee for exercising their legal right to file a claim after a workplace injury. It’s a form of wrongful termination, and it’s prohibited in most states, including Minnesota.

Employers are not required to keep every injured worker employed forever. But they cannot fire you because you filed for workers’ compensation. That distinction is critical. If your termination was motivated by frustration over your claim or an attempt to discourage others from reporting injuries, it may be illegal.

Some employers view injury claims as a financial or reputational threat. Reporting a work injury can raise insurance costs, trigger safety investigations, or reflect poorly on company management. In some cases, employers may retaliate to discourage other workers from filing claims or to avoid taking responsibility. But fear of consequences doesn’t justify illegal behavior.

Common signs of retaliation after filing a claim include:

• Being fired or laid off shortly after filing a claim
• Being reassigned to worse duties or shifts
• Receiving unjustified negative performance reviews
• Facing workplace harassment or intimidation
• Being excluded from meetings, communications, or promotions.

Retaliation doesn’t have to be dramatic or immediate. Subtle, targeted actions that interfere with your career after filing a claim can still be considered retaliatory if they’re connected to your injury report.

Legal Protections Under Minnesota Law

In Minnesota, retaliation against an injured worker is addressed under Minnesota Statutes § 176.82. This law makes it unlawful for an employer to discharge or threaten to discharge an employee for seeking workers’ compensation benefits in good faith.

Minnesota courts take this law seriously. If a judge finds that an employer violated § 176.82, the employer may be required to:

• Reinstate the worker to their previous position
• Pay back wages and lost benefits
• Cover attorney’s fees and legal costs
• Pay punitive damages in cases of egregious conduct.

To succeed in a retaliation claim under this statute, you’ll need to show that:

• You engaged in protected activity (such as filing a workers’ comp claim).
• Your employer took adverse action against you (firing you, for example)
• There’s a connection between the two actions.

It’s not always easy to prove intent. That’s why documentation is key—emails, text messages, HR complaints, and witness statements may all help strengthen your case.

Federal Workplace Protections That May Apply

In some situations, retaliation may also violate federal laws. For example, if your injury involved a workplace safety issue, and you reported the violation, your employer may be in violation of the Occupational Safety and Health Act (OSH Act).

The OSHA Whistleblower Protection Program prohibits employers from retaliating against workers who report unsafe working conditions or exercise their OSHA rights. That includes:

• Reporting a workplace injury related to safety concerns
• Filing a complaint with OSHA
• Cooperating with OSHA investigators
• Asking for an OSHA inspection.

If retaliation occurs, you can file a whistleblower complaint with OSHA within 30 days of the retaliatory act. Keep in mind: OSHA protections apply even if your injury was not caused by the safety issue you reported. The key is whether your employer retaliated because you exercised a protected right.

Legitimate vs. Retaliatory Termination

Not every termination after an injury is retaliation. Sometimes, an employer may let a worker go because they truly cannot accommodate the injury or because the worker cannot return to their role, even with accommodations.

The key is whether the stated reason is genuine or simply a cover for retaliation.

Red flags that suggest the firing may be illegal include:

• Sudden policy enforcement not applied to others
• Inconsistent documentation or shifting explanations
• Hostile comments about your injury or claim
• Firing timed closely to your report or claim
• Layoffs affecting only injured workers.

Employers must follow legal protocols when making decisions after an employee is injured on the job. They cannot treat you unfairly just because you exercised your rights. If their explanation seems suspicious, it’s worth speaking to a workers’ compensation lawyer.

What to Do If You Were Fired After Filing a Workers’ Comp Claim

If you suspect you were fired because of your workers’ comp claim, take action as soon as possible. Time is critical not just for workers’ compensation claims but also for retaliation or wrongful termination actions.

Start by taking these important steps:

• Gather documentation: Keep any termination letters, emails, HR communications, or performance reviews.
• Write down what happened: Make a timeline of events, including when you reported your injury and when your termination occurred.
• Talk to coworkers: If anyone witnessed unfair treatment, ask if they’re willing to give a statement.
• File a retaliation claim: In Minnesota, retaliation claims may be brought under § 176.82 or other employment laws.
• Speak with a lawyer: An experienced workers’ comp attorney can evaluate your case and advise on the best course of action.

You may still be able to receive workers’ comp benefits even if you’re fired. However, your ability to receive wage-loss benefits might be impacted, depending on how the firing affects your ability to find new employment.

Compensation You May Pursue If You Were Wrongfully Terminated

If you’ve been fired in retaliation for filing a workers’ compensation claim, the law may allow you to recover various financial losses. These claims typically fall under both employment law and workers’ compensation statutes, depending on your situation and location.

In Minnesota, Minn. Stat. § 176.82 outlines what compensation may be recovered when an employer violates an injured worker’s rights.

Potential compensation may include:

• Back pay: The wages you lost due to being wrongfully terminated
• Front pay: Compensation for future wages if reinstatement isn’t possible
• Loss of benefits: The value of lost healthcare, retirement, and paid time off
• Emotional distress damages: For the mental strain of being unjustly terminated
• Punitive damages: In some cases, courts may award additional damages to punish the employer.
• Legal fees and costs: Employers may be required to cover your attorney’s fees and court expenses.

Workers who win retaliation claims may also be reinstated to their previous position, depending on the nature of the case and whether returning is feasible.

How Retaliation Affects Your Workers’ Comp Benefits

One of the most common concerns after being fired is whether your workers’ comp benefits stop. Fortunately, in Minnesota and many other states, workers can still receive medical and wage-loss benefits when they lose their job, unless the employer proves the termination was for misconduct unrelated to the injury.

Minnesota workers’ compensation law protects benefits in these scenarios. If your termination was retaliatory, your benefits should not be cut off. Even if your employer argues that your job loss was unrelated, they must prove that you were fired for reasons unconnected to your injury or claim.

However, losing your job may complicate the calculation of temporary total disability (TTD) or temporary partial disability (TPD) benefits. If your ability to find new work is impacted, you may need legal support to argue for continued compensation.

Filing Deadlines and Documentation Requirements in Retaliation Claims

Timing is essential in retaliation claims. If you believe you were fired because you filed a workers’ compensation claim, you must act within the applicable deadline for your state.

In Minnesota:

• Claims under § 176.82 must generally be filed within six years of the retaliatory act.
• OSHA whistleblower complaints must be filed within 30 days of the retaliatory action.
• Some other federal employment claims have 180-day or 300-day filing deadlines.

To strengthen your claim, be sure to document:

• When and how you reported your injury
• Dates of any workers’ compensation paperwork filed
• Details of interactions with supervisors or HR
• The timing and reason given for your termination
• Any supporting evidence (emails, performance reviews, texts, etc.)

Keeping this evidence organized can make a significant difference if your case moves forward. A workers’ compensation attorney can help gather additional proof, file required documents, and ensure your claim meets all deadlines.