After a job injury, you’d expect your employer and the company’s workmans insurance provider to support your recovery — and not punish you for filing a claim.
Unfortunately, some workers in Minnesota face retaliation after they report injuries or request workers’ comp benefits. If this happens to you, act quickly. In Minnesota, not only is retaliation unfair, but it may be illegal.
So, what do you do if you’ve claimed workers’ compensation and suspect retaliation from your employer? Here’s what you should know about your rights and what steps to take if you experience retaliation after a work injury.
Retaliation After a Workplace Injury: What It Looks Like
In Minnesota, employers are not allowed to fire, demote, or discipline you for filing a workers’ compensation claim. Unfortunately, retaliation isn’t always obvious and can take many forms, including:
- Sudden disciplinary actions after your injury
- Negative performance reviews without explanation
- Being reassigned to less favorable shifts or tasks
- Harassment or pressure to withdraw your claim
- Termination or layoff after filing for benefits
You don’t need to prove that your employer admitted to punishing you for filing. What matters is whether the punishment closely follows your claim and seems tied to your injury report.
Most importantly, you’ll need a skilled work-related attorney in Minnesota to prove retaliation and hold your employer accountable.
Is it Legal for an Employer to Fire You After a Work Injury?
In some cases, employers may claim they had unrelated reasons for firing or disciplining you. However, workers’ comp and wrongful termination laws in Minnesota protect you if your job loss was linked to your claim.
With that said, employers are not required to hold your job open forever. If your injury keeps you from doing your job duties and there’s no available light-duty work, they may legally fill your position. However, they cannot fire you because you reported the injury or filed a claim.
If you’re not sure which situation applies to you, a job injury lawyer in Minnesota can help sort it out.
What To Do If You Suspect Retaliation
You do not have to go through this alone. If you believe your employer retaliated against you for filing a claim or reporting an injury, here are the steps to take:
1. Document Everything
Write down what happened, when it happened, and who was involved. Save emails, performance reviews, text messages, or any communication that might show a change in how your employer treated you after the injury.
2. Continue Following Medical Advice
Keep seeing your doctor and following their treatment plan. These records show that your injury is real and ongoing, and they may support your workers’ comp case.
3. Report the Retaliation
You can file a complaint with the Minnesota Department of Labor and Industry if you believe your rights have been violated, but many workers choose to contact a work-related attorney in Minnesota first to help protect their rights before taking that step.
4. Contact a Work-Related Attorney in Minnesota
An experienced lawyer can help you file a retaliation claim, protect your workers’ comp benefits, and fight for lost wages or job reinstatement if needed.
How a Lawyer Can Help You
The expertise of a job injury lawyer in Minnesota can level the legal playing field for you when you take legal action. Your attorney can:
- Review your termination or discipline to determine if it violates Minnesota retaliation laws
- Protect your right to medical and wage-loss benefits
- Represent you in hearings or negotiations with the employer or insurer
- Help you seek reinstatement, back pay, or compensation for emotional distress if appropriate
- Monitor your employer’s compliance with state regulations and court orders
In short, your attorney is your advocate — not just for your workers’ comp benefits, but for your rights as an employee.
What If You’ve Already Been Fired?
Being fired after filing for workers’ compensation can be distressing, but it’s not the end of your case. You may still be eligible for benefits, including:
- Wage-loss benefits, if your injury affects your ability to work
- Rehabilitation services, including help with finding a new job
- Ongoing medical treatment, if it’s related to your work injury
You may also have a claim for workers’ comp and wrongful termination under Minnesota law. A lawyer can help you file a complaint or take legal action to hold your employer accountable.
Don’t Wait — Take the First Step Today
No one should be punished for doing the right thing. If your employer has retaliated against you for reporting an injury or filing for benefits, you deserve help — and you may be entitled to compensation.
The sooner you speak with a work-related attorney in Minnesota, the sooner you can protect your rights, your income, and your future. Our team at Osterbauer Law Firm has helped countless Minnesotans through difficult work injury situations, and we’re here to help you, too.
Contact our firm today to schedule your consultation and start your comeback journey.