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Can I Get Fired for Filing a Work Comp Claim?

If you’ve been hurt at work, don’t let the fear of losing your job stand in the way of getting the benefits you need. Employer retaliation for filing a work comp claim is illegal in Minnesota, whether you’re feeling pressured to quit or you’ve been threatened you’ll be fired.

Luckily, the Workers Comp attorneys at Fields Law Firm are on your side. We will take the time to listen to your situation and answer your questions, and we will provide you with confidential advice on what your legal options are.

Our Minnesota workers compensation attorneys will help ensure your legal rights to workers compensation benefits are protected – before and after your claim is filed.

Many of our workers compensation clients ask the question, “Can I get fired?” The short answer is No.

There is a law in Minnesota that prevents employers from firing employees for seeking workers compensation benefits. The law also states that an employer cannot intentionally obstruct an employee from seeking workers compensation benefits. This law is commonly referred to as the workers compensation retaliation statute. This is a type of wrongful termination.

The monetary benefits (also called damages) that a person can receive as part of a claim under Minn. Stat. 176.82 are different from those that a person can receive for their workers compensation claim alone.

For instance, workers comp benefits are limited to medical benefits, wage loss benefits, and rehabilitation benefits. Under the retaliation statute, an employee can receive punitive damages and damages for pain and suffering. Injured workers cannot collect punitive or pain and suffering damages under the workers compensation system.

There is also a difference in the taxability of workers compensation benefits and damages received by an individual in a retaliation claim. While workers compensation benefits are not taxable, damages received in a retaliation claim are taxable.

What if my employer threatens to fire me for filing a workers compensation claim but doesn’t actually fire me?

The language in the statute explicitly states that an employer cannot “threaten” to discharge an employee for seeking benefits.

The Minnesota Supreme Court recently upheld a case where a supervisor warned an employee not to file a workers compensation claim because it could jeopardize his employment. Schmitz v. U.S. Steel, No. A12-709 (Minn. Aug. 27, 2014).

Minnesota Supreme Court: Workers Compensation Retaliation Claims Can Result in Jury Trial, But Employers Have No Defense Based on Complaint Resolution Procedure

The employee was never actually fired, and no other adverse action was taken against him, but the court still awarded the employee damages.

What should I do if I was fired or harassed after getting hurt at work?

There are a few things you should consider when you suspect retaliation for seeking workers compensation benefits:

  • What reason did your employer give for the termination?
  • How close in time was the threat of termination to the work injury or the report of the work injury?
  • Are there any written documents regarding the termination? If so, save them.
  • Did any coworkers, supervisors, or other people in management roles make any comments whatsoever about your work injury? When and are there witnesses?
  • Prior to being terminated, were there any discipline or reprimand issues?
  • Is there an employment file that documents a history of good performance reviews or other positive information about you?

Wrongful termination claims are handled separate from an employee’s workers compensation claim. Not all workers compensation attorneys are able to help an injured worker pursue a claim under the retaliation statute. Do not give up on a claim under the retaliation statute just because a worker’s compensation attorney tells you they do not handle those types of cases.

Client Success Story

An operations manager at a large hotel chain broke a bone in her left foot when she slipped on wet floor. She reported her injury to her supervisor and continued to work. She developed severe pain in her foot and ankle and sought medical care about a week and a half after the incident. She returned to work and attempted to avoid duties that aggravated her pain, but, as a manager, she felt pressure to work beyond her restrictions to complete her work. Some weeks she worked more than 50 hours.

After a few months of working in pain, her employer fired her. She turned to Fields Law Firm for help. She was scared she would no longer be able to get the treatment she needed for her foot. Fields Law Firm helped her to bring a claim for wage loss benefits and for medical benefits related to her foot. We took the time to explain how her termination from her employment affected, but did not preclude, her entitlement to workers compensation benefits.

With our help, our client was able to get the treatment she needed and the wage loss benefits she deserved.

If you were fired, threatened or harassed after being injured at work, call Fields Law Firm. We would be happy to review your case and explain what you can do to protect your rights.

Protecting You From Wrongful Termination

At Fields Law Firm, our Minnesota workers compensation attorneys offer a free consultation to explain your legal rights and help you determine the best way to proceed with your wrongful termination claim.

We are one of the largest and most respected work injury law firms in Minnesota, and we’re here to help you get your benefits. If you have questions about your rights to file a claim, we have answers.

Just dial 1-888-343-5375 or fill out a free contact request form to Get Fields! on your side.

Workers compensation law is supposed to protect you when you’re hurt on the job. If your employer violates your rights, Fields Law is here to stand up for you. You’re not alone – we understand the emotional stress work injuries can cause, and we want to help you get better and get back to work.

SETTLEMENTS AND RECOVERIES IN ALL CASES DEPEND ON SPECIFIC FACTUAL AND LEGAL CIRCUMSTANCES WHICH ARE UNIQUE TO EACH CLIENT’S CASE. PAST CASE RESULTS ARE NOT A GUARANTEE OR PREDICTION OF SIMILAR RESULTS IN FUTURE CASES WHICH THE FIELDS LAW FIRM AND ITS LAWYERS MAY UNDERTAKE.

READ OUR CLIENT REVIEWS

John Kelley
John Kelley
21:38 16 Oct 18
I was having issues with an insurance company and I hired fields law firm. The people there are amazing and always quick to answer questions even a couple times on the weekend. I worked with Blake amazing person and very informative on my case. I would highly recommend this firm to any of my friends.read more
Michael Frazier
Michael Frazier
23:58 10 Oct 18
I had the pleasure to work with Michael and Annie on my LTD case. When my claim was denied by the insurance carrier, Michael didn't hesitate to take them on with an appeal. He worked diligently on the appeal and ultimately won this for me. Mind you, this wasn't a huge case but he treated me like it was and as if I was the only case he was representing. He kept me abreast of vital information, it was clear that he knew his stuff and wasn't afraid to take on the big insurance company. Michael was much more than I ever expected given that our relationship was entirely remote, handled by telephone and email only. Not only is he a strong lawyer, he treated me with compassion and respect. I am beyond pleased with him and the Fields Law team. Michael cares about his clients and he gets the job done for them because he knows how impactful an injury can be to both a person's well-being and their financial security. I highly recommend Michael and Fields Law whether you are local to their Minnesota offices or out of state like myself.read more
Melanie Eason
Melanie Eason
20:12 29 Aug 18
Fields Law Firm is great. Patrick Kramer, my lawyer, is fantastic. He and his legal assistant Samantha K. have handled my case for several years. They have kept me informed every step of the way. They are both easy to contact. I have both of their phone numbers and email addresses and they respond promptly to any messages I leave. Without their help I would not have been able to get the disability company to fulfill their promises. It is a relief to leave all the dealings with the disability insurance company in their hands.read more
Jeannie Kerr
Jeannie Kerr
23:37 15 Sep 18
My experience with Merrick Williams of Fields Law Firm has been truly above and beyond satisfactory. His knowledge and professionalism have guided me through a very difficult time. He and his assistant Angela were readily available to answer any questions and address my concerns. I highly recommend him as an attorney and will use his services again if necessary in the future.read more
ebon jordan
ebon jordan
19:51 27 Sep 18
Field Law Firm was great my lawyer Zach Schmoll was more than I could ask for. He always kept me in the loop and explain everything perfectly, got back to me whenever I called less than 24 hrs and was a extremely nice guy. This guy is young and knows what he is doing so please don’t let the age fool you. I had a wonderful experience with Field Law and will refer anyone with legal matters to them.read more
Edward Johnson
Edward Johnson
23:11 31 Oct 18
I highly recommend Fields law Firm if you need some no nonsense attorneys to represent you. I was treated courteously and efficiently each and every time by Mike and his associates. They settled my Long Term Disability case in a timely fashion. and was pleased with the results. Thanks again Mike and Fields Law Firm. You are the best!read more
Jeffrey
Jeffrey
19:19 09 Nov 18
Fields Law Firm is simply the very best when it comes to representing you & fighting for your rights! They are a "10 Star" Law Firm hands down! Michael Kemmmitt & Sarah Christensen were simply outstanding to work with. They took over my long term disability case after I was being denied my benefits & gave me the moral support & law experience that I needed to win my case. They were supportive throughout my case & they will fight tooth & nail to assure your rights are not being denied. It is so rare to find a law firm that treats you like YOU are the most important person to them. I HIGHLY recommend Fields Law Firm. They are truly advocates for justice.read more
Ben Chadwick
Ben Chadwick
23:20 12 Nov 18
Michael and Samantha were always giving me updates in a very timely manner. They were very good at getting back with me if I had questions, and they didn't have the answer at the time of our discussion. They were very thorough in their handling of my case, and we received a positvie ruling due to their efficiency and expertise. Thank you very much Michael and Samantha, I appreciate all that you did to help me with my case. I would definitely refer people to you, as well as use you in the future. Benjamin Chadwick.read more
Michael Rosa
Michael Rosa
00:01 01 Dec 18
Evan was absolutely fantastic. He was knowledgable, informative and patient. Evan Sanford and Fields law took my case when other lawyers pretty much told me to pound sand. The outcome was a substantial amount of money that will take the pressure off of me for years to come. I would absolutely recommend Fields law.read more
BOBBY jr
BOBBY jr
17:49 02 Dec 18
It is very difficult for the average disabled person to battle the disability insurance and Social Security disability industries. I was very sick, exhausted, and stressed out about being denied and told that I can work by someone who doesn't even know me! The paperwork was daunting and had to be filled out multiple times. I chose Field's Law Firm after finding them online. They took over my claims and handled all of the paperwork and appeals that were necessary. They even went to a hearing with me to the Social Security Judge. Field's also kept me in the loop every step of the way. This allowed me to focus more on myself and greatly reduced my financial anxiety. They don't get paid unless you get paid. You truly have nothing to lose and everything to gain! I am truly appreciative of Field's Law Firm!read more
Raphael Roe
Raphael Roe
00:35 04 Dec 18
I had the pleasure of working with Patrick Kramer for my LTD appeal. He walked me through the entire process and answered all my questions. Patrick called me anytime there was new information and went above and beyond what I expected. It was one of the most stress free processes I’ve had to deal with thanks to the team at Field’s! Thank you for all your hard work! -Michael Roe, Monroe, MIread more
Donna Williams
Donna Williams
19:07 06 Dec 18
My attorney, Blake Bauer and paralegal, Samantha Kurschner are wonderful. Whenever I need to speak with one of them, they are always available. If I have to leave a message, my call is promptly returned. They worked diligently on my case and won my LTD claim. I highly recommend Fields Law Firm.read more
Lori Anderson
Lori Anderson
20:33 04 Dec 18
Jodie has been a wonderful person and on top of my social security disability claim. The attorneys are great and very thorough with what they do. Would recommend Fielsd Law Firm to everyone. Thank you for everything you have done for me.
Todd Burge
Todd Burge
15:40 11 Dec 18
I worked with Attorney Hans Lodge on a large debt collection from a creditor. He was able to determine that there was a violation of the Fair Debt Collection Practices Act, and swiftly moved into legal action. This whole matter was completely and quickly resolved within a couple of months. This whole situation could not have turned out any better on my end. I highly recommend working with Hans or any of the attorneys at Fields Law Firm!read more
John Notaro
John Notaro
05:09 09 Jan 19
Fields law represented me with class and always had the answers I needed to know every step of the way. Patrick and Jodie always kept me informed when there were updates to my case with a phone call. I can't recommend Fields law enough. I know I couldn't have won my case without the hard work of their entire team. Thank you all and most importantly how you changed my life for the better.read more
Jeff Howe
Jeff Howe
07:06 20 Jan 19
I have used this law firm twice. Zach had my case and he truly cares about you as a person. Thanks fields for getting the best
Stacy Tietjen
Stacy Tietjen
19:39 22 Jan 19
My experience with Fields Law Firm has been amazing. The dedicated service and professionalism they have shown me is above and beyond. Especially Blake Bauer, he has kept me updated every step of the way. If it wasn't for him and his team, I would not have won my case. I will continue to use Fields Law firm for all my legal needs.read more
Max Power
Max Power
00:31 26 Jan 19
Fields Law Firm represented me in my long term disability and social security disability cases. My attorney was Michael Kemmit and I can't say enough good things about Michael.Michael did an outstanding job taking the time to really understand my disabilities and how they impacted my ability to work. He skillfully and successfully communicated this to my insurance company & social security while referencing supporting evidence in my medical records. Michael is very comforting, compassionate and easy to talk to. Michael and the staff at Fields Law were professional, courteous and responsive to all my questions throughout the entire process.I 100% wholeheartedly recommend Fields Law. I doubt you could find a better law firm to represent you.read more
Tanya Nash
Tanya Nash
00:32 31 Jan 19
Blake kept me informed every step of the way with my work comp case! He made sure I understood all of the information and always made me feel comfortable with what was happening! He helped me get a good settlement!
Jazzy J
Jazzy J
18:05 08 Feb 19
I have had the opportunity to be represented by Fields Law Firm. They provided me with excellent service. They responded promptly to all of my phone calls. My case was handled by Mark (attorney) and Angela (paralegal). I will definitely hire them again in the future if needed. Thanks again for your assistance and dedication. J. Johnsonread more
Brynda Bradford
Brynda Bradford
22:46 12 Feb 19
Working with Blake Bauer and Angela was a very positive experience they were very knowledgeable and exceeded my expectations. If you are looking for a law firm to help assist you with Long Term Disability or worker's compensation I recommend Fields Law Firm.read more
Michelle Trebtoske
Michelle Trebtoske
17:06 04 Mar 19
My lawyer, Blake Bauer, represented me very well in my long term disability law suit. He got me a settlement I was pleased with. He was respectful, courteous, understanding, very knowledgeable and professional. He was a great communicator.read more
kenya Howze
kenya Howze
23:20 04 Mar 19
I recently had a stroke and had to leave my job and had to go on short term Disability which turned into Long term disability and this was a challenge. It was so challenging dealing with Doctors then with LTD it seemed that they were always trying to find ways to stop my disability. So I went online and researched Attorneys for LTD cases and Fields had great reviews and I want to say this was the best decision ever Blake and Annie have been my dream team and I have not been the best client as far as being compliant I have had so many issues in the last mot from health to Money issues and they stayed on me never waivered. They were so patient and compassionate Annie's voice at times soothed me because I was so ready to give up its very stressful but they made me feel lighter like I wasn't alone and they made it happen they won my case. I am so fortunate to have found this law firm and have the super team of Blake and Annie you guys are my heroes you have saved the day in my case the year . Thank you so much for your patience and your guidance and I recommend this law firm to anyone having issues with there disability case, if I could go higher than 5 stars they definitely would get 10!!! THANK YOU SO MUCH!!!!read more
Dan Cartier
Dan Cartier
14:15 07 Mar 19
Let's be honest, nobody wants to need a lawyer or be put in the place where you have to search for one. And if that time comes, I hope you look to Fields Law for that! I was put in a bad spot with loosing my credit due to a companies mishandlement of my financial information. Not good, and this was a very big company. So my worries were who would be willing and capable to take on such a job. I searched and called and spent many hours trying to find that company. But when I was referred to Fields, my worries were gone! I was instantly connected with Blake my attorney, who assured me I was in the right place with the right people! The positive attitude from absolutely every person I worked with and the knowledge they possessed was awesome. They helped me understand everything in a way that I could get; since some of the terminology and process wasn't my strong point! My case was going to be a long one; and knowing this there was not a single point that I felt I wasn't in the loop. They were honest and fair to both sides and I would highly recommend them to anyone needing help! Thanks again Fields Law!read more
Boris Fortner
Boris Fortner
18:15 07 Mar 19
My experience with Fields Law Firm could not have been any better. They have kept me informed every step of the way. They fought to get me a win which is more than I was hoping for. I would recommend them to anyone who truly wants to win. I thank God for them. They have been a blessing to me and my family.read more
Jonathan Mannuzza
Jonathan Mannuzza
15:29 12 Mar 19
The reason I chose Fields Law Firm was twofold, I got to speak directly with an attorney that would be handling my case and their structure was fair and equitable. Throughout the whole ordeal, Zach and Angela both exhibited professionalism, honesty, integrity, were timely with follow up, and above all treated me like a human being that they cared about rather than just another case. Zach definitely worked hard on my behalf and I can’t thank him enough for getting an acceptable resolution so that I can move forward with my life.read more
Mona Selim
Mona Selim
16:42 22 Mar 19
Blake Bauer At the Fields Law Firm is an excellent attorney who has high integrity and excellent work ethics.Blake walked me through the process of my claim and gave me realistic timeline and potential outcomes. He advised me on how to proceed with my best interest in mind. He was happy returning my phone calls and never got tired of my questions and concerns. He was very supportive when I was down and understood my struggle and helped me to the best of his abilities as the law permits. He is very thoughtful, he would ask me how I am doing; he even called me to wish me a happy birthday🙏The entire staff at Fields Law Firm is very friendly and on top of things. They didn’t let anything go unaddressed. They helped me understand the paperwork process. They are very punctual and returned my calls very quickly with all the answers they could provide me.This was my first time working with any law firm and my experience with Field’s Law Firm, Blake Bauer, Samantha Kurschner and the staff was extremely pleasant during a tough time in my life. Thanks everyone, job well done.Mona S.read more
Shannon Warren
Shannon Warren
19:07 22 Mar 19
Fields Law Firm was a great company to work with. I had received a settlement offer for my LTD and I wasn't sure if I should take it or not and they helped me out with the whole process. Zachary was so amazing and kept me updated on everything going on. I would recommend them completely!read more
Taryn Grahek
Taryn Grahek
18:19 08 Apr 19
Highly recommend Fields law firm, they are a great help and walk you through the process. They are on top of keeping you updated and in the loop and they are very good with communication. All of my questions were always answered perfectly. Fantastic place!read more
Michelle Lim
Michelle Lim
17:30 12 Apr 19
Fields Law Firm did an excellent job with my disability case. They were always available for questions, had knowledgeable answers, and set my mind at ease many times during the process. Not only were they nice to work with, but my case turned out favorably. I would highly recommend their services.read more
Michelle Renspe
Michelle Renspe
17:45 12 Apr 19
Everyone at Fields Law Firm we're very friendly they always answered any questions i had. It was a long-haul but they never gave up on my case they fought for me till the end. Jody from fields Law Firm always kept me informed on what was going on she always answered any questions I had for her. I would definitely recommend this Law Firm to anybody needing help with either Social Security workman's comp or other things just take a minute and look them up you will love what you see.read more
Bentley Luo
Bentley Luo
19:28 22 Apr 19
Field Law Firm successfully helped me overturn the denial of the LTD case by the insurance company in the appeal process. I could not say enough great things about everyone I’ve interacted with at their Firm during this process. They literally took over the process from the first phone call and shielded me from the extreme stress dealing with the insurance company so I was able to continue to focus on my recovery. They exhibited great professionalism and care for their clients and has seamless coordination process in place working diligently to move the case forward. I would recommend Fields Law Firm to anyone who needs support in their pursuing LTD claim case.read more
Linda Jones
Linda Jones
14:02 16 May 19
I was at my absolute breaking point trying to work with my long term disability company. I have metastatic cancer and my long term disability company denied my claim. I, thankfully, was put it touch with Fields Law firm and they were amazing. I spoke with Blake Bauer and was tears. My frustration level was at my breaking point. He explained to me that he would take the torch from point on. They accepted my case, fought my insurance company and had their denial reversed. My experience has been amazing. I have not shed one tear since. I would HIGHLY recommend Fields Law!!!read more
David Strand
David Strand
17:18 24 May 19
I am absolutely thrilled about the service I received from Fields Law Firm.From start to finish, I was kept in the loop as to the status of my case. If action was required on my part, this was communicated clearly. My main point is: the process of applying for Social Security benefits is massive and daunting. Fields Law Firm made navigating the process a breeze. I never felt the need to worry about my case; the professional manner in which my case was handled was very reassuring. They were prompt, professional, and communicative throughout.I would recommend Fields Law Firm to anyone applying for disability, hands down.read more
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