Getting hurt at work can leave you worried about far more than your recovery. Medical bills are piling up, you’re missing work, and you may be wondering how long your job will still be there. If you’ve asked yourself, “Can you get fired while on workers’ comp?” you’re not alone.
The short answer is yes. In Minnesota, an employer can terminate your employment while your workers’ compensation claim is pending. However, your employer cannot fire you in retaliation for filing a workers’ compensation claim or exercising your legal rights.
Keep reading to learn when an employer can legally terminate your employment, what protections Minnesota law provides, and what to do if you believe your rights were violated.
Meshbesher & Spence has stood up for injured Minnesota workers since 1961, recovering over $1.1 billion for clients across the state. Call (612) 339-9121 or reach out online for a free case review with a Minnesota workers’ compensation attorney.
Does Minnesota Law Protect You From Being Fired After a Workers’ Comp Claim?
Yes. Although Minnesota is an at-will employment state, employers cannot fire employees in retaliation for filing a workers’ compensation claim or exercising their rights under the workers’ compensation system.
Under Minnesota Statute 176.82, it is illegal for an employer to terminate, threaten, intimidate, or otherwise discriminate against an employee for seeking workers’ compensation benefits.
That does not mean every termination during a workers’ compensation claim is unlawful. Employers can still lay off employees, eliminate positions, or terminate workers for legitimate business or performance-related reasons. The difference is why the decision was made. If your workers’ compensation claim played a role in your termination, you may have grounds for a retaliation claim.
Because proving retaliation often depends on the facts, keep copies of emails, performance reviews, disciplinary notices, and any other records that show what happened before and after you reported your injury.
What Happens If I Get Fired While on Workers’ Comp in Minnesota?
Being fired does not automatically end your workers’ compensation benefits. If your injury requires ongoing medical treatment, your employer’s workers’ compensation insurance generally remains responsible for covering approved medical care related to your work injury.
Depending on your medical restrictions and ability to work, you may also continue receiving wage-loss benefits after your employment ends. Many injured workers ask, “Can you get fired while on workers’ comp and still receive benefits?” In many cases, the answer is yes.
Whether your benefits continue depends on several factors, including the severity of your injury, your work restrictions, the reason your employment ended, and whether you remain eligible under Minnesota’s workers’ compensation laws. If your employer claims your firing ended your right to benefits, it is important to have your situation reviewed as soon as possible.
Getting fired while your workers’ compensation claim is still pending can leave you wondering what happens next. An experienced Minnesota workers’ compensation attorney at Meshbesher & Spence can explain your rights, protect your benefits, and determine whether your employer may have violated the law.
Call (612) 339-9121 or contact us online to schedule a consultation.
Which Steps Should You Take If You’re Fired During a Workers’ Comp Claim?
If you’re fired while your workers’ compensation claim is still pending, what you do next can affect both your benefits and any potential legal claim. Follow these five steps to help protect your rights.
Step 1: Save All Employment Records
Gather and keep copies of your termination notice, performance reviews, disciplinary records, emails, text messages, employee handbook, and any other documents related to your employment. These records may help establish why your employment ended and whether your employer’s explanation changed over time.
Step 2: Continue Following Your Treatment Plan
Keep attending medical appointments and follow your doctor’s recommendations. Missing appointments or stopping treatment can give the workers’ compensation insurer an opportunity to argue that your injury has improved or is no longer preventing you from working.
Step 3: Notify Your Workers’ Compensation Claims Representative
Tell your claims representative or the insurance company that your employment has ended. Changes in your employment status may affect your benefits, and reporting the termination promptly can help avoid unnecessary delays or disputes.
Step 4: Create a Timeline of Events
While everything is still fresh in your memory, write down important dates, conversations, emails, and meetings related to your injury, your workers’ compensation claim, and your termination. Include the names of supervisors, coworkers, and anyone else involved.
Step 5: Speak With a Minnesota Workers’ Compensation Attorney
An attorney can determine whether your employer acted lawfully, explain how the termination affects your benefits, preserve important evidence, and identify whether you may have a separate retaliation claim.
Taking these steps as soon as possible can help protect your workers’ compensation benefits and strengthen your position if your employer or its insurance company disputes your claim.
Can You Sue an Employer for Retaliatory Discharge in Minnesota?
Yes. Minnesota law allows employees to bring a civil claim against an employer that fires, threatens, intimidates, or otherwise retaliates against them for pursuing workers’ compensation benefits.
A successful retaliatory discharge claim may allow you to recover lost wages, additional damages permitted by law, and, in some cases, other available remedies. This claim is separate from your workers’ compensation case, which means you may be able to pursue both at the same time.
Retaliation cases often depend on the available evidence. The timing of your termination, changes in your employer’s explanation, supervisor comments, disciplinary records, and how similarly situated employees were treated can all help establish whether retaliation occurred.
An experienced workers’ compensation attorney can gather evidence, interview witnesses, challenge an employer’s stated reasons for the termination, and build a strong case on your behalf while protecting your right to ongoing workers’ compensation benefits.
Minnesota Workers’ Comp and Job Loss FAQs
Can I collect unemployment benefits and workers’ comp at the same time in Minnesota?
Sometimes, but it depends on your circumstances. Unemployment benefits are generally available only if you are able and available to work, while certain workers’ compensation wage-loss benefits are intended for employees who cannot work because of a job-related injury.
In some situations, you may qualify for both, but receiving one benefit can affect the other. Before applying for unemployment, speak with an attorney to understand how it could impact your workers’ compensation claim.
Does quitting my job hurt my workers’ comp claim?
It can. If you voluntarily leave your job, the workers’ compensation insurer may argue that your loss of income resulted from your decision to resign rather than your work injury. Depending on the circumstances, that could affect your eligibility for wage-loss benefits. Before resigning, it’s a good idea to discuss your options with an attorney who can explain how leaving your job may affect your claim.
Can my employer make me return to work before my doctor clears me?
No. Your employer cannot require you to perform work that exceeds your doctor’s medical restrictions. If your employer offers light-duty work that falls within those restrictions, you may be expected to accept it. Refusing suitable work without a valid reason could affect your workers’ compensation benefits. If you’re unsure whether a job offer complies with your restrictions, speak with an attorney before making a decision.
How long do I have to file a retaliation lawsuit in Minnesota?
Minnesota law places time limits on retaliation claims, and missing a filing deadline could prevent you from recovering compensation. Waiting can also make it harder to preserve documents, identify witnesses, and gather other important evidence. Speaking with a workers’ compensation attorney as soon as possible after your termination can help protect your rights and ensure important deadlines are not missed.
Where Can Injured Minnesota Workers Get Help After a Termination?
If you were fired while receiving workers’ compensation benefits, you don’t have to figure out your next steps on your own. Whether you’re concerned about protecting your benefits, challenging a denial, or determining whether your employer unlawfully retaliated against you, experienced legal guidance can make a difference.
For more than 60 years, Meshbesher & Spence has represented injured workers throughout Minnesota, recovering more than $1.1 billion on behalf of clients. Our attorneys can evaluate your situation, explain your legal options, and fight to protect the benefits and compensation you deserve.
We offer free consultations, and you pay no attorney’s fees unless we recover compensation for you. Call (612) 339-9121 or contact us online to speak with a Minnesota workers’ compensation attorney today.
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