Getting hurt at work can raise questions about medical care, lost wages and your job. You may worry about what could happen after you report your injury. If your employer knows you are seeking workers’ compensation benefits, you may wonder whether filing a claim could put your job at risk.
Minnesota law protects employees from employers who fire or threaten to fire them because they seek workers’ compensation benefits. However, the facts surrounding a termination can matter when deciding whether an employer broke the law.
Minnesota law protects workers who seek benefits
Minnesota Statutes Section 176.82 makes it illegal for an employer to fire or threaten to fire an employee for seeking workers’ compensation benefits. The law also covers actions meant to stop an employee from seeking those benefits.
For example, questions may arise if an employer fires you soon after you report a workplace injury and seek workers’ compensation benefits. Other facts may also matter. These can include statements showing that the employer disapproved of your claim, changing reasons for discipline or termination, or a close link between seeking benefits and losing your job.
Still, the timing of a termination alone does not prove retaliation. The facts and available evidence in each case can help show whether a violation occurred.
What can show possible retaliation?
Certain actions at work may help show whether an employer retaliated against you. These may include:
- Facing threats of termination after reporting an injury
- Losing your job after seeking workers’ compensation benefits
- Facing discipline for pursuing workers’ compensation benefits
- Being denied continued employment within your physical limitations
In the last situation, Minnesota law may require the employer to pay one year of wages, up to $15,000. The exception applies to employers that have more than 15 full-time equivalent employees.
If a violation is proven, Minnesota law also allows an employee to bring a civil lawsuit. Possible damages may include costs, reasonable attorney fees and, in some cases, punitive damages, subject to legal limits.
Legal assistance can help you review what happened and determine whether Minnesota’s workers’ compensation protections may apply.
Your job has protections
Filing for workers’ compensation does not give an employer the right to fire you because you sought benefits. Minnesota law addresses retaliation and other actions that may prevent an employee from seeking workers’ compensation.
If your job changed after a workplace injury, the timing of the change, what your employer said and the reasons given for the action may all matter when looking at your legal rights.
