In 2016, OSHA found nearly 60,000 violations nationwide. Those were just the infractions that were found and acted upon. No one knows how many dangerous workplaces there are all across the United States right now. People get injured and hurt on the job all the time.

Workers get nervous when it comes time to file a workers’ compensation claim, however. Job prospects are not always bright, and it is natural to worry about your future.

If you have been injured on the job, it may be a good idea to contact a Minnesota workers’ compensation lawyer and read our blog.

What You Need to Consider

Minnesota is what is known as an at-will state. This means that employers can fire a worker at any time for any reason. The boss may think that this gives them freedom to do whatever they want, but this is not the case.

If an employer fires you because you were hurt at work, that could be retaliation. We will return to that topic in a minute, so keep it in mind.

According to the Minnesota Department of Labor and Industry, an employer must give an honest reason why an employee was fired, if the worker requests that in writing. You should also know that an employer needs to pay the worker for any time that they worked within 20 days of them being fired, according to Minnesota law.

Retaliation

Despite the fact that Minnesota is an at-will state, employers cannot fire someone simply for filing a workers’ compensation claim. That can be considered retaliation. It is illegal. Employers may kick someone out because they do not want to pay more in insurance, or they think that a termination will make the problem go away.

If you have a text message, email, or another form of written communication that explicitly states that you were fired for filing a workers’ compensation claim, then that is all the better for you. In general, it is a good idea to get as much in writing as possible.

Most employers are not going to be honest with you. It is unlikely that they would say someone got fired because their leg was crushed at work. You can prove this in court, with the help of a lawyer. Certain facts, like the timing of the claim, negative comments supervisors made, or any pressure that they applied to you to get you to drop your claim could be crucial in proving your case.

If you successfully prove that your employer retaliated against you, you may be entitled to more compensation, according to the laws of Minnesota.

When you come back to your job, your employer must accommodate you if you are still hurting. If they fail to make the changes that you need, you may be able to sue them.

To answer the question, no, your boss cannot fire you just because you filed a workers’ compensation claim. Not legally, that is.

If you think that an employer has retaliated against you, reach out to a Minnesota workers’ compensation lawyer. Having an attorney by your side is the only way that you can protect your rights. Call us at 612-Injured today.

In Minnesota, there were more than 91,000 workers’ compensation claims in 2015.  Workers are injured every single day. This is an unfortunate fact of life. You should know that there is help available for you. If you are facing work injuries, we can help. Keep reading for our countdown of the most common types of workers compensation claims in Minnesota.

#5 Repetitive Strain Injury

There are many different types of repetitive strain injuries. This can occur when someone does the same action often over a long period of time. An example of this might be swinging a hammer for several years, typing over the course of a decade, or constantly checking and using your smartphone. It can also occur when your body is forced into unnatural or awkward positions for long stretches.

Symptoms can include tenderness, pain, or tingling. Loss of sensation or loss of strength may also occur. In many cases, stress can make the symptoms worse. Nerve damage can occur. The exact treatment depends upon the injury.

It might not matter if this injury came from one specific workplace. According to Minnesota law, employers must make sure that your injury does not become worse.

This sort of injury makes up 4% of workers’ compensation claims.

#4 Accidents Involving Tools

There are very many ways tools can injure people. Sometimes, machinery is defective. This makes it unsafe to use. Other times, someone else is using a tool in a dangerous way. Your employer has an obligation to provide you with a safe workplace. This means that they can face a workers’ compensation claim.

Symptoms of this type of claim depend on the accident. Some workers are caught in machinery, and may suffer from rubbing or burning injuries. A malfunctioning nail gun presents problems of its own. In some cases, workers may wind up with broken bones. All of these cases will have different amounts of compensation.

#3 Being Struck by or Colliding with an Object

Many workplaces are chaotic. Construction sites especially have many moving parts. When people are not careful when they carry large and heavy items, accidents can occur. Work can absorb people to the point that they do not know where they are going. In these instances, injuries can also occur.

Like with tools, the level of injuries depends on the accident. Someone who is hit with a steel girder might have more severe injuries than someone who is hit with a plank of wood. In both cases, the worker may have a right to be compensated according to the law.

Most of the time, this sort of claim comes from construction sites or movers, but this can happen anywhere. This type of claim is 10% of all claims.

#2 Slips, Trips, and Falls

This claim involves someone losing their balance and being injured in a fall. Any workplace may see this sort of workers’ compensation claim. Clothes shops, car repair shops, and restaurants may all be held accountable for providing workers with an unsafe work environment.

Many times, a slip and fall results in a strain or sprain. People naturally put their hands up to break their fall, but this can lead to injuries of the wrist, elbow, and hand. Sometimes when people fall, they crash into a hard surface that damages their legs, knees, or ankles.

People fall due to the floor being slick. This may be due to puddles of water, but in some cases, this can just be how the floor is. Strains and sprains result in, on average, 57 missed work days. Both construction workers and retail workers are likely to fall from heights, which means that they suffer serious injuries more.

#1 Material Handling

Many workers compensation claims come from warehouses, where workers must stack, sort, and secure boxes and pallets. Sometimes, the load is too heavy. This means that workers strain their joints and muscles. Other times, heavy items fall on someone. When this happens, it can cause catastrophic injuries.

A wide variety of injuries can happen when material is mishandled. Broken bones, strains, and sprains are common. Depending on the material, cuts or punctures may also occur. Delivery drivers may have this type of injury occur to them.

Material handling is 32% of all workers’ compensation claims.

If you have any questions about workplace injuries, we can help. 612 Injured can direct you to the medical and legal professionals that you need to help establish your case. Call us today for more information on how we can help you.

Minnesota reported over 65,000 nonfatal workplace injuries in 2015. This means that there were around 3.5 cases per 100 full-time workers.  Men are far more likely to be killed or injured while on the job.

Men sometimes feel that they cannot report a workplace accident. They might think that their job will be put in danger, or feel that they have to be tough and power through it. A construction worker also might not believe that the injury is serious, and not worth going to a doctor for.

Whatever the case may be, you should know that if your husband, boyfriend, brother, or father have been injured, there is help available. Keep reading for the five steps you should take to help a loved one out.

1. Get Him Medical Treatment

If a loved one has been hurt at work, it is a good idea to get medical attention as soon as possible. Some symptoms may not show up for several hours after the event. If the wound is very serious, call an ambulance or go to the emergency room.

Your loved one’s health is the most important factor here. You should have your husband follow the doctor’s orders, and follow any treatment plan to the letter. After you have received medical treatment, try to establish some record of the diagnosis and what happened.

2. File a Report with the Employer

Many facets of law hinge upon a paper trail. The more documentation you have, the better. It may seem daunting to say that the employer was the cause of your injury, but this is crucial in ensuring that you have the best result.

When it comes to accident reports, sooner is always better. Your employer will complete a First Report of Injury Form. Be sure to give your loved one’s employer an accurate and complete recounting of how your loved one was injured. This will help you in the long run.

3. Hire a Lawyer

The legal process can be a complicated one. Many people do not understand what is considered strong or weak evidence, what legal processes exist, and what recourse they have to protect themselves. An experienced lawyer can help you navigate your way through the entire process.

4. File a Claim

Minnesota law establishes the fact that employers must carry compensation insurance. This is important. When you file a claim, you are not suing the workplace. You are working with the employer’s insurance company.

Your loved one may be eligible for wage-loss benefits, medical benefits, and vocational rehabilitation. The employer is required to furnish compensation for psychological, surgical, and hospital treatment.

If your loved one’s employer is flouting the law, and does not have insurance, you need an attorney. The State of Minnesota may be able to cover your claim.

5. Wait, and Follow the Law

A workers’ compensation case can be a tricky thing. It is worth remembering that the insurance company is not on your side. They are legally allowed to lie to you, and will try to give you the smallest amount of compensation possible. Negotiating with them can be difficult, which is why it is important to have trusted counsel by your side.

The legal process takes time. You should not expect results overnight. Usually, insurance companies settle, but you should be prepared to go to court.

If you have any questions about work injuries in Minnesota, we can help. When you need someone to direct you to the help you need, we can help. If your husband has been injured, you cannot wait. Contact us today.