Worried About Getting Fired After Filing A Workers’ Compensation Claim?
When you’ve been hurt on the job, it is your right to file a workers’ compensation claim, but that is just one of your rights. What happens if an employer threatens to fire you or fires you for seeking to file workers’ comp? Well, here is what Minnesota law says an employer can’t do:
- Threaten to fire you for seeking workers’ compensation
- Intentionally obstruct you from seeking benefits
- Fire you for seeking workers’ comp benefits
If they try to do these things, they can be in a great deal of trouble due to being in violation of the Minnesota Workers’ Compensation Act (WCA). If this happens, you should tell your St. Paul workers’ compensation attorney immediately.
What To Do If Termination Is Threatened Or Completed
If your employer threatens to fire you or successfully fires you when seeking workers’ compensation, there are things that you can do, such as:
- Produce someone who has knowledge that you were injured at work
- Show that the employer attempted to dissuade you from seeking workers’ comp benefits
- Show that the employer caused you to delay or stop seeking the benefits you needed
- Show that the employer used some means of communication to create a reason for you to fear termination
Basically, you do have to show that the employer acted adversely when you sought to file your workers’ compensation claim. When you can show these items, then the burden switches to the employer so they can state a nondiscriminatory reason for their actions. If the employer meets that burden, then the burden moves back to the employee to show that the employer’s reason for their action was in violation of the WCA.
Damages For Violating The WCA
Any person who violates the WCA is liable in a civil lawsuit for damages incurred by the employee. The employee could recover the loss of workers’ compensation benefits caused by their actions, attorney fees, punitive damages and other relevant costs. When the employee is awarded punitive damages, the dollar amount can’t exceed three times the amount of any compensation benefit the employee is entitled to. The court uses its discretion in this case.
Even if it was a supervisor who caused the problem, the employer is liable for the actions of that supervisor. This is due to them being responsible for the hiring and continued employment of that supervisor. This is something that your St. Paul workers’ compensation attorney can help you with so that you can receive the treatment you deserve to receive.
Firing You Is The Wrong Thing To Do. We’ll Fight Back.
If you have been injured on the job, then you may be able to file a claim for workers’ compensation benefits. If you have been fired or your employer has threatened to fire you because you are seeking benefits, then you may have a civil claim against them. To learn more about how the Law Office Of Joshua Borken can help you, call 651-321-0778 to schedule a free consultation.