If you have been injured on the job, you may be wondering if your employer can legally terminate your employment for filing a workers’ compensation claim. The answer is no, your employer cannot legally fire you for filing a claim.
Under Minnesota law, it is illegal for employers to retaliate against employees who file workers’ compensation claims. Retaliation can take many forms, including termination, demotion, or any other negative action against the employee.
It is important to note that your employer can still terminate your employment for reasons unrelated to your workers’ compensation claim, such as poor performance or violating company policies. However, they cannot use your workers’ compensation claim as a reason for termination.
It is crucial to make sure that your rights are protected as an injured employee. If you have concerns about filing a workers’ compensation claim, contact the experienced attorneys at Harvey & Carpenter. Together, our lawyers have more than 50 years of experience assisting injured workers in Minnesota. Call (507) 779-7529 for your free consultation.
What Counts as Retaliation Under Minnesota Law?
Retaliation is not limited to outright termination. Minnesota courts have recognized several forms of employer retaliation against workers who file compensation claims. These include reducing your hours or pay, reassigning you to less desirable duties, creating a hostile work environment, denying promotions or training opportunities, and giving negative performance reviews that are not supported by your actual work performance.
If you experience any of these actions after filing a workers’ compensation claim, you may have grounds for a separate retaliation lawsuit in addition to your workers’ compensation case.
What Should You Do If You Suspect Retaliation?
Document everything. Keep records of any changes in your work conditions, communications from your employer, and the timeline of events following your claim. Save emails, text messages and any written notices. If possible, have witnesses who can corroborate changes in how you are treated.
You should also continue following your doctor’s treatment plan and attending all medical appointments. Employers sometimes try to build a case for termination based on attendance or performance issues, so maintaining a strong record protects you.
How Harvey & Carpenter Can Help
At Harvey & Carpenter, we have helped many workers in Mankato and Southern Minnesota fight back against employer retaliation. We can evaluate your situation, advise you on your legal options and represent you in both your workers’ compensation claim and any retaliation action. Minnesota law provides strong protections for injured workers, and we are committed to ensuring those protections are enforced. Contact us for a free consultation if you believe your employer has retaliated against you for filing a workers’ compensation claim.
It is also important to understand the difference between workers’ compensation benefits and Social Security Disability Insurance (SSDI), especially if your injury prevents you from returning to work for an extended period. Workers’ compensation provides temporary wage replacement and medical benefits related to your workplace injury, but these benefits typically end once you reach maximum medical improvement or return to work. SSDI, administered by the federal government, offers financial assistance if your disability prevents you from working for at least 12 months or is expected to result in death.
In Minnesota, you can apply for SSDI benefits after filing a workers’ compensation claim, but the application process can be complex. It often requires detailed medical evidence and documentation of how your injury limits your ability to perform any type of work. Importantly, receiving workers’ compensation benefits does not automatically qualify you for SSDI, but having a workers’ comp claim on file can support your SSDI application by establishing the severity of your injury.
If your employer or their insurance company challenges your workers’ compensation claim or if you encounter issues with SSDI applications or appeals, it is critical to act promptly. Minnesota has strict deadlines for filing appeals and submitting necessary paperwork. Missing these deadlines can result in losing your right to benefits.
Consulting with an experienced attorney can help you navigate these processes and protect your rights. At Harvey & Carpenter, we understand the complexities of both Minnesota workers’ compensation and SSDI law. Our team can assist you in gathering the evidence needed, filing timely claims, and fighting against unjust denials or retaliation.
If you are facing difficulties related to your workers’ compensation claim or SSDI application, contact Harvey & Carpenter in Mankato for a free consultation. Call us at (507) 779-7529 to discuss your case and learn how we can help you secure the benefits you deserve.
