You have enough to worry about after an on-the-job injury without having to worry about getting terminated by your employer. Minnesota has some strict laws in place to protect injured workers, but at the same time, Minnesota is an “at will” state, meaning employers are allowed to fire employees at will for any reason that isn’t illegal. Does firing an injured worker fall under one of these illegal reasons, or can you be terminated while collecting workers’ compensation? We explore job protection rights for injured employees in Minnesota.
Can You Be Fired After A Work Injury?
Under Minnesota law, a person cannot be fired because they filed for workers’ compensation benefits, but they can be fired while collecting workers’ compensation benefits. Injured workers are not protected from job loss while they are recovering and collecting workers’ compensation, but they cannot be fired because they suffered an injury or filed for workers’ comp.
This means that if your performance had been slipping and the company was looking to make changes, or there are mass layoffs at your company while you are collecting workers’ compensation, it’s certainly possible that you could lose your job after a work injury. The key here is that the company needs to terminate you for reasons outside of your injuries. If your department is being downsized, you may have little recourse, but if the termination seems out of the blue and perhaps retaliatory for filing for workers’ compensation, know that you may have an additional lawsuit on your hands.
The challenge to winning a wrongful termination lawsuit is that companies are largely aware of this distinction. They may harbor ill will towards an employee for filing a claim or because their absence makes it harder for the company to meet deadlines, and they may want to terminate the employee because of it, but they know that they can’t outwardly say that. They need to create enough plausible deniability to avoid being held accountable in a wrongful termination lawsuit.
If you end up being reprimanded, retaliated against or fired following your work accident, here’s what you’ll want to do. For starters, get any communication in writing. If you are being transferred to a different office or you’re fired, ask for written communication as to why the changes are being made. An employer is required to provide a written reason for termination within 15 days if requested by the employee.
Next, keep up with all your medical appointments and treatment programs. The last thing you want to do is showcase that you have a hard time following instruction or adhering to professional guidance. Failing to do so could also result in the loss of your current injury benefits, so keep treating your injury as instructed by your doctor.
Finally, make sure that you sync up with an injury law firm like the team at Hey Workers. We’ll be able to comb through the facts and build a strong case in the event your employer is acting against the law. They are going to pick their moves carefully and will have lawyers on their side, and you need to fight fire with fire and bring in your own representation. A lawyer knows how to frame the facts and construct a narrative that clearly suggests your employer is in the wrong. We’ve done it for countless clients in the past, and we can do the same for you.
Remember, your job is not necessarily safe after a work injury, but they cannot fire you because you suffered an injury. If your employer retaliates against you because you filed a claim, know that this is illegal and warrants professional representation. You have enough on your plate without also trying to find a new job because your employer acted illegally, so protect yourself and your financial future by pursuing a wrongful termination claim.
For more information about wrongful termination or retaliatory action claims, or for help with a more standard workers’ compensation claim, connect with the team at Hey Workers today at (844) 439-9675.
