CAN YOU BE FIRED FOR FILING A WORKERS' COMPENSATION CLAIM IN MINNESOTA?
June 28, 2017
Getting injured doing your job should not leave you in fear of losing that job. If you have been hurt, you are entitled to certain workers' compensation benefits, and it is illegal for your employer to hold it against you or retaliate against you if you were to file a claim. Here's what you need to know about your rights when it comes to filing a workers' compensation claim.
The workers' compensation retaliation statute in Minnesota protects workers against firing or retaliation for filing a workers' compensation claim. They can also not do anything that might obstruct or prevent you from filing a claim, either. If an employer is found to be violating this statute, they can be subject to penalties.
If an employer is found to have obstructed you in any way from filing a claim, they can be ordered to pay not just for your medical benefits, but also for damages on top of the benefits available in a regular workers' compensation claim. Workers' compensation claims deal only with medical, wage loss, and rehabilitation benefits. Under the retaliation statute, you can be eligible for those benefits, plus compensation for pain and suffering as well.
Your employer does not have to actually fire you for there to be a violation of the statue. Anything, including threatening to fire, that obstructs you from filing a claim can be an infraction. If you do get fired, make sure to get any information regarding your termination that you can. This includes any documentation that you're provided as well. Make sure to note the timeframe between the firing and your injury, and the reason you were given for the termination. You should also note if any supervisors or other management personnel made any kind of remarks about your injury, especially if they were disparaging. Gather up witnesses as well. If you have any good performance reviews or other awards then gather those up too. Then, provide all of this to a qualified legal professional to assess your case and help you get the benefits you deserve.
Getting hurt on the job does not mean you should live in fear of losing your livelihood. Know your rights when it comes to filing a workers' compensation claim.
If you have questions about workers' compensation, do not hesitate to contact the workers' compensation lawyers at Beedem Law online or by calling 612-305-1300.