How Long Will an Employer Hold a Job for Someone Receiving Workers Comp?

When you are injured on the job, you will likely need to take some time away from work. This period can range from just a few days to several months or even longer, depending on the severity of your injury. During this time, one question may weigh heavily on your mind: will you still have a job once you have recovered?

Are You Employers Required to Hold Your Job for You?

Under Minnesota workers’ compensation law, employers are not legally obligated to hold your job open while you recover from a work-related injury. This means that your employer has the right to fill your position if your absence creates a hardship for the company or if your recovery period is expected to be very long.

It is important to note that many employers still choose to hold jobs open for injured employees. Hiring and training new employees can be a costly and time-consuming process, and retaining experienced workers is often in their best interests. If you anticipate a shorter period away from work, your boss may be more inclined to keep your position available. However, this is up to the discretion of the employer.

When Is It Illegal for an Employer to Terminate an Injured Worker?

While Minnesota does not require employers to hold jobs for injured workers, there are certain circumstances where termination is illegal:

• You Can Still Work: If you are still able to perform your job responsibilities despite your injury, your employer cannot refuse to continue your employment. Doing so can leave them open to civil liability.
• You Are Being Retaliated Against: Your employer cannot terminate your employment because you filed a workers’ compensation claim, as this would constitute illegal retaliation. You would have grounds for a lawsuit against your employer in this situation.
• You Have Taken FMLA Leave: If you are unable to work due to your injury and qualify for protected leave under the federal Family and Medical Leave Act (FMLA), your employer must grant you up to 12 weeks of unpaid leave per year to recover. Upon your return, you are entitled to resume your previous position or an equivalent one.

Legal Recourse for Wrongful Termination During Workers’ Comp Leave

If you believe that your employer has wrongfully terminated your employment while you were on workers’ compensation leave, you may have legal recourse. In these cases, your employer may be held civilly liable for their actions. This means that you could file a wrongful termination lawsuit and secure compensation for the damages that you have suffered, such as the loss of your wages.

When you are already dealing with a work-related injury, navigating workers’ comp laws can be challenging. In these situations, an attorney can guide you through your claim and fight for the compensation that you need to move forward with your life. If you believe that you were wrongfully terminated, a lawyer with experience in this area of law can help you hold your employer accountable for their actions.

After your workplace injury, seek medical attention as soon as possible. Then, schedule a free legal consultation with a Minneapolis workers’ compensation attorney to learn how they can protect your rights and secure your future.