Can My Employer Fire Me for Filing a Workers’ Comp Claim in Minnesota?

Minnesota law protects workers who exercise their right to file workers’ compensation claims, and employers generally may not fire an employee in retaliation for seeking workers’ compensation benefits. An employer cannot lawfully terminate you simply because you reported a work-related injury or filed a claim. 

Many injured workers hesitate to report injuries or pursue benefits because they fear losing their jobs, but the Minnesota Legislature recognized this concern and enacted strong anti-retaliation protections to prevent employers from punishing workers for asserting their rights. However, an employer may still lawfully terminate an employee for legitimate, non-retaliatory reasons that are unrelated to the workers’ compensation claim, such as documented performance issues or business-related layoffs.

At Atkinson Gerber Law Office, we bring over 50 years of combined experience protecting the rights of injured Minnesota workers. You should never have to choose between your health and your livelihood after a work-related injury.

Illegal Retaliation for Filing a Workers’ Comp Claim

Minnesota Statute § 176.82 makes it illegal for employers to fire, threaten, or otherwise retaliate against employees for seeking workers’ compensation benefits. Any employer who violates this law commits unlawful retaliation, which can occur in several ways:

• Terminating your employment shortly after you file a claim
• Demoting you to a lower position with reduced pay or responsibilities
• Cutting your hours or changing your schedule to create hardship
• Reassigning you to undesirable duties or work locations
• Creating a hostile work environment to pressure you to quit
• Denying promotions or raises you would otherwise receive
• Issuing unwarranted disciplinary actions or negative performance reviews

However, filing a workers’ compensation claim does not grant you absolute job protection. Your employer can still terminate you for legitimate, non-retaliatory reasons such as documented performance issues that existed before your injury, company-wide layoffs affecting multiple employees, or serious misconduct unrelated to your claim.

What to Do If You’re Fired

Taking immediate action after a retaliatory termination is vital. It protects your legal rights and preserves the evidence you need to pursue a claim. Minnesota law imposes strict deadlines for filing retaliation complaints, and waiting too long can permanently bar your recovery. Retaliation claims must be filed within 6 years of the wrongful act. Complaints alleging federal whistleblower violations may be subject to short filing deadlines, including a 30-day deadline in some circumstances.

Certain federal employment law claims have 180- or 300-day deadlines, depending on the violation. Contact an attorney as soon as possible after your termination to discuss your options and develop a strategy for holding your employer accountable.

Document Everything

A successful retaliation claim depends on carefully documenting what happened before, during, and after your termination. Because memories fade and witnesses may be harder to reach over time, collecting evidence as soon as possible greatly improves your chances of success. Be sure to keep records of the following:

• Copies of your personnel file, performance reviews, and disciplinary records
• Written communications, including emails, text messages, and letters
• Names and contact information for witnesses who observed relevant events
• Timeline of events from your injury through your termination
• Medical records documenting your injury and treatment
• Any statements your employer made about your workers’ compensation claim

Organize these materials chronologically and store them in a secure location. Our workers’ compensation attorneys will use this documentation to build a convincing case demonstrating the connection between your claim and your termination.

File a Retaliation Claim

You may report retaliation to the Minnesota Department of Labor and Industry or file a civil lawsuit against your employer under § 176.82. Available remedies include the following: 

• Reinstatement to your job
• Recovery of lost wages
• Restoration of benefits
• Payment of reasonable attorney’s fees and costs

Our team guides clients through the administrative and legal processes to maximize their recovery. The total value of your case depends on factors including lost wages, reinstatement eligibility, and the nature of the employer’s conduct. Our attorneys work diligently to document all recoverable losses available under Minnesota workers’ compensation retaliation law.

Consult an Experienced Minnesota Workers’ Compensation Attorney

If your employer terminated you after you filed a workers’ compensation claim, we can evaluate your situation, gather supporting evidence, and advocate for your rights. At Atkinson Gerber Law Office, we handle retaliation cases on a contingency-fee basis; you pay nothing upfront and owe no fees unless we recover benefits for you, and we manage communications with your employer and their legal counsel so you can focus on your health. Call (651) 333-3636 or contact us online to schedule your free consultation and learn your legal options.

We serve Minneapolis, St. Paul, and throughout Minnesota. Visit any of our offices at:

Atkinson Gerber Law Office – Minneapolis Office

10 S 5th Street Suite 955
Minneapolis, MN 55402

Toll Free: (866) 635 9200
Phone: (651) 412 1470

Atkinson Gerber Law Office – St. Paul’s Office

6 Pinetree Drive Suite 225
St Paul, MN 55112

Toll Free: (866) 635 9200
Phone: (651) 412 1470