Minnesota law states that it is illegal for an employer to terminate an employee because the employee suffered an injury and filed for workers’ compensation benefits. But what happens if after the injury, the employer moves to fire the employee for misconduct or “cause?” Can they do this, and maybe more importantly, would this affect the worker’s injury benefits? We explain how being fired for misconduct can affect your benefits and how you can push back should you ever find yourself in this situation.
Fired For Cause After Work Injury
In most cases, if an injured worker has been fired or let go after a work injury, their benefits will continue for an extended period of time. However, there are exceptions for certain benefits in Minnesota, and those can depend on the underlying reason for termination.
Minnesota’s workers’ compensation provisions state that termination for misconduct can lead to the end of your temporary total disability benefits. However, it’s worth noting that just because a person is fired or let go because of a particular reason after a work accident does not mean that the worker’s behavior automatically elevates to the level of misconduct. The onus is on your employer and their insurance company to prove that your termination was the cause of behavior classified as misconduct.
So what actions could be classified as misconduct worthy of termination of employment and your access to injury benefits? In Minnesota, misconduct is typically categorized into one of three different categories:
- A deliberate violation or substantial disregard of standards or behavior.
- Negligence or carelessness to such a degree or recurrence as to make the worker’s actions equally culpable for their injuries.
- Substantial or intentional disregard of the employer’s best interests or the employee’s duties and responsibilities to their employer.
As you can probably guess based on these definitions, these cases are rarely straightforward. The insurance company will have to make a strong case to prove that your conduct went above and beyond what is considered normal, because as we mentioned in a previous blog, you can absolutely get workers’ compensation benefits if you cause your own injuries or you were injured while in violation of company policy. That being said, the insurance company will have lawyers on their side to put forth the strongest claim, so you should to.
At Hey Workers, we’ve not only helped clients get the money they deserve after a work injury, but we’ve also helped them hang onto those benefits after their employer has attempted to fire them for misconduct. And if your employer unjustly terminates you, we can turn the tables on them and go after them for additional compensation. Let us help you out during these difficult times and handle the burden of proving your case while you focus on your health. If that sounds like something you’d be interested in doing, pick up the phone and give our talented team of legal experts a call today at (844) 439-9675.
