If you are currently on workers’ compensation in Minnesota, you might be wondering whether your employer can legally terminate you while you are recovering.
The short answer is complicated—while Minnesota law protects you from retaliation for filing a workers’ comp claim, your employer may still be able to fire you for legitimate business reasons unrelated to your injury.
Knowing the difference between lawful and unlawful termination is critical to protecting your rights and receiving the benefits you deserve.
Contact a Minneapolis workers’ compensation lawyer if you have questions about your claim.
Workers’ compensation is a no-fault insurance system designed to provide benefits to employees who suffer work-related injuries or illnesses.
In Minnesota, most employers are required to carry this coverage, and you are generally eligible to file a claim if you are injured while performing job duties or develop an occupational disease.
When you file a workers’ comp claim, you are entitled to several key protections. First, you should receive coverage for all necessary medical treatment related to your injury. Second, if your injury prevents you from working, you are entitled to temporary disability benefits that replace a portion of your lost wages.
Third, and perhaps most importantly, Minnesota law protects you from employer retaliation for exercising your right to file a workers’ comp claim.
This means your employer cannot fire, demote, or otherwise punish you simply because you sought benefits after a workplace injury.
When you suffer a workplace accident, Minnesota’s employment laws protect your job while you recover from your injury. Terminating an employee in retaliation for filing a legitimate workers’ comp claim is illegal and can result in serious consequences for the employer.
However, there are various legal reasons you could be fired during your recovery period. For example, if your company was already planning layoffs, they can let you go by proving the termination is unrelated to your injury.
Similarly, if your position has been legitimately eliminated due to business restructuring, your employer may have grounds for termination.
It is important to note that even if you are fired while on workers’ comp, your company is still responsible for paying your medical benefits and compensating you for lost wages related to your injury. Your workers’ comp claim continues regardless of your employment status.
If you believe you were illegally terminated in retaliation for filing a workers’ comp claim, you have legal recourse. Minnesota law allows you to file a lawsuit against your employer, which is separate from your workers’ comp case.
You may be entitled to remedies including reinstatement to your position, back pay for lost wages, compensation for emotional distress, and potentially punitive damages.
A Minnesota workers’ compensation attorney can help you understand whether your termination violates state law, assess if you have grounds for a retaliation claim, and ensure you’re receiving all the benefits you are entitled to.
Many attorneys offer free consultations and work on contingency, so getting legal advice won’t add to your financial stress. If you are concerned about your job security, contact a Minnesota workers’ compensation attorney at Kemmitt, Sanford & Kramer who can evaluate your situation and help you take the right steps forward.
"*" indicates required fields