Can I Be Fired For Filing Workers Comp Claim?

Minnesota Is An Employment-At-Will State

This means that your employer can fire you for any reason, as long as that reason is not illegal.  Minnesota law and US law has carved out several “reasons” that are an illegal basis for a firing.  In every jurisdiction, you cannot be fired for reasons related to religion, ethnicity, or race.  These are known as “protected classes.”  An employer cannot base a decision to fire an employee solely for reasons related to religion, ethnicity, or race.  Beyond those reasons, states are also free to create additional protections for employees.

Minnesota Workers’ Compensation Law Has Created Rules To Protect Injured Employees

Minnesota protects employees from being fired after filing – or in contemplation of filing – a Minnesota work comp claim.  This is also known as a work comp retaliatory discharge.  A previous blog post addressed the issue of work comp retaliatory discharge in more detail.  An employee cannot be fired for filing workers comp claim.

Employer “retaliation” under Minnesota work comp law can include many different employer actions, including firing, demoting, denying overtime, denying benefits, failing to rehire, intimidation, reducing hours, to name a few.  As you can see, Minnesota work comp law includes firing in its definition of employer retaliation.  An employer cannot retaliate against an injured employee by firing that employee simply because the injured employee filed a Minnesota work comp claim or informed the employer that he has considered filing a Minnesota work comp claim.  If an employee is fired for filing workers comp claim, the injured employee may pursue retaliatory discharge benefits in addition to the typical Minnesota work comp benefits.

Contact Our Dakota County Work Comp Lawyers

If you or someone you know has been fired for filing workers comp claim, our Dakota County Minnesota work comp attorneys will review your case for free.  If you were fired for filing a Minnesota work comp claim, our Minnesota work comp lawyers will pursue retaliatory discharge benefits on your behalf.

Joshua R. Stokka

Josh has been representing injured workers for over 10 years. Josh was born and raised in Fargo, North Dakota, and attended the University of Minnesota-Duluth where he earned a Bachelor of Arts Degree in Criminology. Mr. Stokka alson received his law degree from the Hamline University School of Law. During law school, Josh clerked at a Minnesota law firm specializing in personal injury and workers’ compensation. Prior to practicing in the area of workers’ compensation, Josh clerked for a judge in the 7^th Judicial District in Minnesota. This valuable experience gave him insight into how judges think, do their jobs behind the scene, and how to frame a case in order to obtain a favorable result.  Now, he focuses 100% of his practice on defending injured workers in Minnesota.

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