Josh Gets Results for injured workers
Photo of Attorney Josh Borken

Can I get fired or blacklisted for filing a work comp claim?

On Behalf of | Oct 18, 2018 | Workers' Compensation

Fired After a Work Injury – What Next?

If you were hurt at work, then you and every single other worker that has ever been hurt at work are worried about the safety of your job. For worker’s that were hurt on the job, especially if it was their fault, they want to know if this injury or filing for worker’s compensation will cause them to get fired. The simple answer is that you can’t be fired for filing for workers compensation. Minnesota Statute 176.82 makes it illegal for an employer to terminate an injured worker for simply filing a workers’ compensation claim. Similarly, the statute prevents any retaliatory action for reporting or filing a workers’ compensation claim, including termination, relocation, or defamation. However, that doesn’t mean you can’t be fired after being hurt.

How an Injury Could Mean the Loss of Your Job?

You can’t be fired for being injured, but your company can still fire you. For example, lay-offs are often proposed and planned months in advance, and if you were part of that prior to your injury, you will still be laid-off post-injury. Furthermore, if your injury requires you to have work restrictions, your employer is under no obligation to create a new position just for you.

If your work restriction is temporary, many employers will just put you on a restricted version of your same job, especially if you are expected to recover. However, if you need permanent work restrictions, they are not required to create a position for you. You may be moved to a different part of the company, or they can choose to let you go. Instead of trying to fight, your time and effort might be better spent with your workers’ compensation lawyer to first, yes, check the legality of the firing, and then work on a way to overcome it.

What to Do After Being Let Go

If you have been fired or let go from your position after an injury that may leave you with temporary or permanent restrictions, then your first step should be to consider hiring a QRC. A QRC, or Qualified Rehabilitation Consultant, will help you assess what you can do for employment with your work restrictions.

The first thing they will do is evaluate your abilities and help you craft that into an effective resume. After that is done, they will also help with the job search by looking for leads so you can get back to employment as soon as possible despite any work restrictions.

The real good news is that many see a QRC as an expense they might not really need after losing their job, but that cost is covered by the insurance company. So if you were hurt at work and they couldn’t find or didn’t want to find a position for you, workers’ compensation will still cover a QRC to get you back on your feet.

Finally, if your new work opportunity pays less, then worker’s compensation will also cover some of the difference of that. If you get a job that pays less, worker’s compensation will pay 2/3 of the difference. So if your paycheck was $100 less per week, you will get a check from the insurance company for $66 to help offset that.

Have You Been Hurt at Work?

Have you been hurt at work in Minnesota area? Going through the worker’s compensation process can be stressful, but it is much worse if you go it alone. If you have been hurt in St. Paul and need representation, then contact us today. The Law Office of Joshua Borken can help advise you in every step of the process from getting compensation for your medical bills to helping you find a QRC if it becomes necessary due to your injury. Don’t take a work injury laying down and definitely don’t end up paying for those expensive medical bills out of your own pocket.