Minnesota law guarantees that an injured employee may seek workers compensation benefits without interference or retaliation from their employer. If your employer has tried to dissuade you from applying for benefits, or has taken punitive action against you after you have been injured or apply for benefits, then your employer has broken the law.
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Workers Comp Retaliation FAQs
+ How do I prove a workers compensation retaliation claim?
In order to prove a workers compensation retaliation claim, you need to demonstrate that your employer interfered with you or retaliated against you for seeking benefits.
Interference generally means that your employer tried to persuade you to not pursue workers compensation benefits, by threatening you or setting up obstacles to your receipt of benefits.
Retaliation usually comes in the form of termination, reduced hours, demotion, or other punitive actions after you have been injured or were seeking benefits. We can establish this by demonstrating that the stated reason for the punitive action was factually wrong and that the action had temporal proximity to the date of your injury.
It is important to note that Minnesota law presumes that you are seeking workers compensation benefits as soon as you have suffered a workplace injury. Thus, whether or not you have taken active steps to seek workers compensation benefits, your employer may not interfere or retaliate against you after your injury.
+ How much is a workers compensation retaliation case worth?
This depends on the strength of your case, the amount of damages you’ve suffered, and ultimately on the ability of your employer to pay. While it is not possible to state what the average settlement for a workers compensation retaliation case is, we will be able to better estimate the possible outcomes during your free consultation.
+ Can I claim workers compensation retaliation even if I quit?
Yes. If your employer made working conditions so hostile that you had no choice but to resign, this is known as constructive discharge. Workers compensation retaliation claims may still apply under these circumstances.
+ What is the statute of limitations for a workers compensation retaliation case?
In Minnesota, you have six years from the date of last interfering or retaliatory action to bring a lawsuit.
+ What should I do if I’ve been retaliated against for seeking workers compensation?
Write everything down: what happened to you; the dates of interfering or retaliatory actions, who did them, what they said were the reasons for the actions, and who else was present as a witness; whether you think the reasons your employer gave you were accurate and why; the names of employees that you think may have useful information; and the types of documents that you think may have useful information.
Gather documents: the termination letter, if applicable; pay stubs; personnel files; employee handbook; any other letters, text messages, or emails from your employer that you think might be helpful. You should send a written request to your employer requesting your personnel file, which must be provided to you under Minnesota law.
If your employer has not paid you all of your wages or given you your last paycheck, request those wages in writing.