WORK COMP & WRONGFUL TERMINATION
Will I Lose My Job If I File a Minnesota Workers' Compensation Claim?
Is That Wrongful Termination?
You or your spouse recently suffered a serious workplace accident in Minnesota. But you may be hesitant to file a workers’ comp claim because you don’t want to lose your job or fear repurcussions at the office. Obviously, when your job and livelihood are potentially at stake, it’s critical to proceed with caution.
How Filing a Minnesota Workers' Comp Claim Could Affect Your Job
State law prohibits employers from retaliating against workers who file workers’ comp claims. Your employer also may not obstruct your claim. Furthermore, he or she has to offer you a reasonable opportunity to continue to work, or you can sue for what are known as civil damages.
Despite these protections, you can still lose your job or get demoted.
For instance, if you fail to fulfill your ordinary duties (tasks and projects that you can do, given your restrictions), your employer can fire you. Also, if you engage in misconduct that would ordinarily be a firing offense, you can lose your job.
The law protects employees from outright retaliation or aggression, but it cannot force your coworkers to greet you with a smile or require your boss, who once loved you and the work you did, to write a stellar letter of recommendation for your next job.
The good news is that most employers understand and respect the law. They expect that a seriously hurt worker would file a claim and retain an attorney to help with the process.
What If Your Employer Retaliates Or Otherwise Violates the Law?
Employers do make mistakes, some overt and intentional, some accidental. These include:
- Denying or purposefully failing to document the incident that led to your pain and suffering;
- Misclassifying you as independent contractor, when you’re really an employee;
- Failing to obtain enough workers’ compensation insurance;
- Retaliating against you for filing a claim by firing or demoting you;
- Subjecting you to other unfair practices, such as discrimination, harassment, and wage and hour violations.
No matter what’s happened to you, the team here at the Osterbauer Law Firm is standing by. We can help you get fair compensation for your lost wages, medical bills, therapies, and pain and suffering. We can also help you deal with the challenging “little problems” that crop up along the way, including: how to talk to your employer and coworkers about your claim; how to make the transition back to work smooth and “low drama”; and how to fulfill your job responsibilities (or transform them), so that you can enjoy what you do and be productive once again.
Contact us now for a free consultation about your MN workers’ comp case. In addition to our Minneapolis office, we can travel to see you anywhere in the state. We have consistantly achieved excellent results for clients in all types of workers’ compensation cases.