Are You Protected from Termination While Recovering from a Workplace Injury in Minnesota?

Injured worker in Minnesota wondering about job protection while recovering from a workplace accident and seeking workers’ compensation benefits. Unfortunately, workplace accidents are not uncommon in Minnesota. Regardless of where you work, the possibility of an accident is always present. If you suffer a serious injury in a workplace accident, you may need time away from your job to recover.

During that time, it’s understandable to be worried about whether your job will be waiting for you once you have recovered. Fortunately, your job is protected under Minnesota employment law.

The state’s employment and retaliation laws prohibit employers from firing you simply because you were injured at work or because you sought out workers’ compensation benefits to support you during your recovery. Though Minnesota is an at-will employment state, there are still protections in place to stop your employer from firing you unjustly.

At Atkinson Gerber Law Office, we help injured workers across Minnesota understand their rights and fight back when those rights are violated. Call us today at 651-390-9219 or contact us online for a free consultation with an experienced workers’ compensation attorney.

Can You Be Fired for Seeking Workers’ Comp Benefits in Minnesota?

No, your employer cannot fire you for seeking workers’ comp benefits in Minnesota. When you suffer a workplace accident, the state’s employment laws protect your employment while you recover from your injury.

However, there are various other legal reasons you could be fired as a result of your workplace accident. For example, if your company was already planning layoffs, they can let you go by proving it is unrelated to your accident.

However, if you are fired while on workers’ comp, your company is still responsible for paying your medical benefits and compensating you for lost wages related to your injury. An experienced lawyer can make sure you are taken care of if you lose your job after a workplace accident.

What Should You Do After a Workplace Injury?

There are many things you should do after suffering a workplace injury. First and foremost, you have to prioritize your own safety and your physical health.

Get immediate medical attention if your injury is life-threatening.

Once you have sought out medical care, be sure to report your injury to your employer.
After that, you should speak with a lawyer to protect your interests.

Throughout it all, you may want to prepare yourself for the possibility that your employer may not act in your best interest. You may end up in a struggle between you, your employer, and their insurance carrier. That’s why a workers’ comp lawyer can be so beneficial in situations like yours. They can help educate you on what to expect when you apply for workers’ comp benefits.

What Happens If You Don’t Report Your Injury?

If you fail to report your injury to your employer, it can seriously hurt your chances of getting workers’ comp benefits.
Reporting your injury is one of the first steps in the entire process. Failure to do so can make your entire situation appear questionable to the insurance company.
Regardless of how serious your injury is or isn’t, you have to report it. Remember, a workers’ comp claim is a claim against the insurance carrier, not your employer.

Should You Speak with a Lawyer After a Workplace Injury?

Yes, it is recommended that you speak with a lawyer following a workplace injury. The last thing you want is to be caught unprepared as you deal with an insurance company that has no intention of honoring your application for benefits.

An experienced workplace injury lawyer can help make sure you don’t get taken advantage of and that you don’t miss any crucial filing deadlines for your case. You want to be sure you are doing everything correctly and that nothing can jeopardize your benefits.

With our combined 50 years of experience handling cases like yours, we can provide you with a free consultation following your injury. We could even arrange a consultation in your home or hospital room.

Contact a Minnesota Workers’ Comp Lawyer Today

Dealing with the fallout of a workplace accident on your own can be difficult, especially if your employer acts in a retaliatory manner and their insurance carrier is reluctant to pay out your benefits. The legal team at Atkinson Gerber can help you get what you need.

Reach out to our firm at 651-333-3636 to speak with someone, or contact us online to schedule a free consultation.

Your aggressive handling of this work comp case was first rate. I’ve worked with other attorneys in the past but appreciated the personal attention you provided me in this matter. Thank you!

- Cathy M.

Finally, I found the attorney that works for the injured worker, after two previous attorneys’ work for us seemed inadequate. Tom and his staff have the commitment to take it to trial if necessary rather than the other attorneys’ inertia and reluctance to do so. He has the integrity that you rarely find in the work comp arena anymore. Your involvement in my case resulted in returning us to some sense of dignity in this battle. I thought that with the multiple near-fatal catastrophic injuries I sustained that the opposing side would do the right thing. Don’t deceive yourself with this notion. You must have the right attorney by your side. With all the overwhelming tasks to complete while recovering, I thought I needed an attorney that was located near me. Again, I was wrong as they accommodated us however we needed it. Please don’t choose a work comp attorney based on location no matter how tempting that may be. Tom and staff thank you for making us believe in justice again.

- Scott H.

I just want to say a big “thank you” for representing me in my Social Security case. Without your help, I know that I would not have been successful. I am very fortunate that you represented me because you have the experience and knowledge that obtained the favorable ruling

- Dana D.

I received my settlement check this weekend and I want to thank you and all of your staff for taking on this case and pursuing it to a positive conclusion. These proceedings were not without their share of frustration but I always felt confident in my representation and your efforts to best represent me. I don’t believe I could do what you do- I would be too tempted to reach across the table and strangle the opposing counsel. I am very pleased with the outcome and am glad it is over.

- Gary S.

Tom and Marci were a tremendous help in that you made it so easy for someone like me who was stressed out about it all, especially with all the little things. I would have had a hard time relaxing enough to deal with everything effectively if you had not been so helpful. I also thought that Tom was very effective in the courtroom and had the facts of my case organized well and was informed so that he could tell where the judge wanted to go with his questions and was able to present the facts in a way that helped my case be viewed favorably by the judge. I was very pleased with the results. Thank you.

- Dan N.

You kicked butt. I am so happy with my results and I couldn’t have done it without you

- Teresa H.

Listen up every employee who has suffered a work comp injury in this state! If you think you don’t need a lawyer because everything is going fine, the adjuster is nice, and the QRC they assigned you seems to have your interest at heart; you are WRONG! The longer you wait to hire a lawyer the more disadvantaged you become. Tom Atkinson and his staff are aggressive and experienced workers’ compensation experts. Tom got me more than I ever thought I would get and NEVER charged a fee until he obtained benefits on my behalf. Thank you Tom, Marci, Gene and Cassie; I couldn’t have done it without you on my side.

- Thomas Hoaby

Thank you so much for your time and expertise today. I’m so proud to have you as my lawyer as you are absolutely wonderful at your job… Not to mention hilarious:) Whatever the outcome of today, I truly appreciate all you have done for me.

- Stacey B.

The day I met Tom, was the day I knew I would get all I needed from the Work Comp. company. For me, it was never about getting a big settlement. I only wanted what my doctor was recommending. Tom supported my decision not to settle, and took it all the way to a hearing to get me what I needed. It seems as though every step of the way has been a battle, but never once have I had any doubts in his ability to succeed. In the end, I got the surgery I needed and Tom still ended up getting me a bigger settlement than they offered in the beginning. Tom and his staff are a wonderful, caring group of people, and I don’t think I could have gotten through this without them.

- Sandy

Tom and his team are the top tier in the worker compensation field as I experienced the professionalism personally. I was injured at work and after two other well publicized and awarded attorneys failed to reach a satisfactory outcome, Tom and his team proved how a dedicated, genuine, caring, honest team can get the better than expected results for a client.

- DR

Dana and her staff are the most professional and outstanding lawyer I have ever dealt with and I would highly recommend anybody that would need a lawyer contact her. They made me feel more like a friend or family. When dealing with them and made the whole process, go smoothly as possible. There’s not enough words to describe the gratitude I feel for her and her staff. Thank you for a job well done. I would highly recommend her at her staff to anybody that would need legal assistance.

- Les A.

Dana has been incredibly helpful in representing me. She made the entire process easy, addressing any issues with professionalism and care. Her team was equally wonderful, providing excellent support throughout. I highly recommend Dana and her team to anyone seeking assistance with workers’ compensation.

- Attas

Amazing Workman’s Comp attorneys. Tom did everything he said he would. His paralegal team and staff are amazing too and very quick to get back to you. Fought for me until the very end. Will recommend this team to anyone having Workman’s Comp issues.

- Taylor K.

Words can not express how amazing Dana and the family at Atkinson Gerber Law are! Everyone was so kind and helpful. Dana and Morgan where prompt, knowledgeable and so so kind. I can not recommend them enough if you or a loved one ever needs legal help. Getting injured is stressful but with this phenomenal team in your corner, it really helps ease some stress. I can’t thank them enough!

- Amber N.

Despite that my case ended about 10 months ago, I actually went back to place this review because Tom and his team did so well and help me through a very, very difficult time in my life. I want to thank the entire staff for all their help.