Wrongful Termination for Minnesota Work Injury Guide
Introduction to workers’ compensation claim in Minnesota
Workers’ compensation is a crucial protection for employees who suffer a work injury or illness. In Minnesota, every employer is required to provide workers’ compensation coverage, which offers benefits such as medical expenses, wage loss, and vocational rehabilitation. Worker’s comp is built to help injured employees recover and return to work as quickly and efficiently as possible.
However, some employees may be scared to file a workers’ compensation claim due to fears of retaliation, such as being fired, terminated, or demoted. Mottaz and Sisk Injury and Work Comp Lawyers have years of experience in successfully representing injured workers. We work tirelessly for our clients in Minnesota, including protecting injured employees from being fired for filing a work comp claim, and offer guidance on what to do if you have been wrongfully terminated.
Minnesota Department of Labor and Industry (DLI) lays out in the video below how to file a claim, however any mistake in filing could cause a huge issue to your claim and compensation. We are here to help you with your claim.
Minnesota workers’ compensation law overview
Minnesota workers’ compensation law is governed by the Minnesota Workers’ Compensation Act, which outlines the rights and responsibilities of both employers and employees. The primary goal of this law is to provide a no-fault system for workers who are injured on the job, meaning that employees can receive work comp pay and coverage without having to prove that their employer or boss was negligent.
One crucial aspect of Minnesota workers’ compensation law is that it prohibits employers from retaliating against employees who file a claim. This includes not only being fired but also being demoted, having hours reduced, or experiencing any other adverse employment action. However, proving retaliation can be challenging, and employees who believe they have been wrongfully terminated should seek legal assistance from an experienced work comp lawyer in Minneapolis, Duluth, Coon Rapids, Shakopee, and surrounding Minnesota areas.
Can you be fired for filing a workers’ compensation claim in Minnesota?
In short, no, you cannot be legally fired for filing a workers’ compensation claim for you work-related injury in Minnesota. The Minnesota Workers’ Compensation Act explicitly prohibits employers from retaliating against employees who file a claim or participate in the workers’ compensation process.
However, you can still be terminated for other legitimate reasons. For example, an employer may fire an employee for poor performance, insubordination, or violating company policies, even if the employee has an active workers’ compensation claim.
Protection against being fired for filing a work injury claim
Minnesota workers’ compensation law prohibits employers from retaliating against employees who file a claim or participate in the workers’ compensation process. This protection extends not only to being fired but also a demotion, reduction of hours, or negative evaluations.
What to do if you’ve been fired after a work comp claim
If you’ve been fired after filing a workers’ compensation claim, it’s essential to take the following steps to protect your rights and seek the justice you deserve:
- Document everything: Keep a detailed record of all events leading up to and following your termination, including conversations with your employer, performance evaluations, and any disciplinary actions. This documentation can help you establish a pattern of retaliation and support your wrongful termination claim.
- Consult with an attorney: Wrongful termination cases can be complex and challenging to prove. An experienced workers’ compensation attorney can help you navigate the legal process, gather evidence, and represent your interests in court.
- Apply for unemployment benefits: If you are eligible, apply for unemployment benefits to help you financially while you pursue your wrongful termination claim.
How to prove wrongful termination in Minnesota workers’ compensation cases
To prove wrongful termination in a Minnesota workers’ compensation case, you need to show that your employer fired you because you filed a claim or participated in the workers’ compensation process.
This can be difficult, as employers and companies will often provide other reasons for your termination and firing, such as poor performance or insubordination. However, an experienced work comp attorney can help handle these situations to get you what you deserve.
Collect any evidence that can help support your wrongful termination claim such as:
- A history of positive performance evaluations prior to your work injury
- Inconsistent or changing explanations for your termination
- Statements from coworkers or supervisors indicating that your workers’ compensation claim was a factor in your termination
- A pattern of retaliation against other employees who filed workers’ compensation claims
Frequently asked questions about Minnesota workers’ compensation and termination: Being fired for getting hurt at work.
1. Can I be fired while on workers’ compensation?
While you cannot be fired specifically for filing a workers’ compensation claim, you can still be terminated for other legitimate reasons, such as poor performance, insubordination, or violating company policies.
2. What if my employer offers me a different job after my work injury?
If your employer offers you a different job that accommodates your work restrictions after your injury, you should consider accepting the offer. If you refuse a suitable job offer, you may risk losing your workers’ compensation benefits.
3. How long do I have to file a wrongful termination lawsuit related to a work injury?
In Minnesota, you generally have two years from the date of your termination to file a wrongful termination lawsuit. However, it’s essential to consult with an attorney as soon as possible, as gathering evidence and building a case can take time.
Finding the best lawyer for your workers’ comp claim and wrongful termination
Choose a lawyer with experience and years of winning results in workers’ compensation and wrongful termination cases. It always helps to look at results on their website and their google reviews.
Don’t let fear of firing prevent you from seeking the benefits you are entitled to after an injury at work. By understanding your rights under Minnesota workers’ compensation law and taking the necessary steps to protect yourself, you can confidently pursue the compensation you need to recover and move forward with your life.
Free Case Evaluation from Workers’ Compensation Lawyers in Minnesota
If you have been injured at work please contact us here or call 763-421-8226 for a free case evaluation from experienced Mottaz and Sisk attorneys. Don’t wait to get the compensation you deserve for your injury at work. We are here for you.