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Can I be fired for workers compensation?

Can Your Boss Fire You if You Have Filed a Workers’ Compensation Claim?

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.

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.

Call 612 Injured

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.