Workplace Discrimination and Workers’ Comp Retaliation Explained: Your Rights and Legal Protections

Workplace Discrimination and Workers' Comp Retaliation Explained: Your Rights and Legal Protections Minnesota employees who file workers’ compensation claims are protected from retaliation and discriminatory treatment by their employers. When employers violate these rights by firing, demoting, or otherwise punishing workers for seeking benefits after workplace injuries, workers’ compensation attorneys hold them accountable through administrative complaints and civil lawsuits.

Contact Atkinson Gerber Law Office to schedule a free consultation with experienced workers’ compensation lawyers who understand your legal protections and fight for your rights.

Understanding Workers’ Compensation Anti-Retaliation Laws

Minnesota strictly forbids employer retaliation against employees asserting their workers’ compensation rights. Under Minnesota Statutes Chapter 176, employers cannot punish workers for filing injury claims or seeking the benefits they’re legally entitled to receive. This protection is essential because many injured workers fear losing their jobs if they report workplace injuries or file workers’ compensation claims.

The law recognizes that workers’ compensation benefits only work when employees feel safe exercising their rights without fear of employer retaliation. Anti-retaliation protections ensure that injured workers can seek medical treatment, file claims, and receive wage replacement benefits without jeopardizing their employment.

When Discrimination Involves Workers’ Compensation Claims

Discrimination in the workers’ compensation context occurs when employers treat employees differently or negatively because they filed injury claims, sought medical treatment for work injuries, or otherwise exercised their rights under workers’ compensation law. Terminating employees for filing workers’ compensation claims constitutes illegal retaliation under Minnesota law. Further, treating workers’ compensation claimants differently from other employees regarding wages, job assignments, working conditions, or benefits violates anti-retaliation protections.

Employers cannot punish workers simply because they reported injuries or sought benefits. Firing workers shortly after they file injury claims using fabricated performance issues often masks retaliatory motives. Employers cannot lawfully hide retaliation behind false justifications for termination, and we identify pretextual reasons for retaliatory action.

Your Rights Under Workers’ Compensation Anti-Retaliation Laws

Minnesota law protects injured workers from various forms of retaliation when they exercise their workers’ compensation rights. Actionable retaliation claims arise when employers:

Discharge or threaten discharge for filing workers’ compensation claims
Refuse to rehire workers who previously filed workers’ comp claims
Discriminate regarding wages, job assignments, or working conditions based on claim filing
Intimidate or coerce employees to discourage workers’ compensation claim filing
Penalize workers for hiring workers’ compensation attorneys or participating in workers’ compensation proceedings
Demote or reduce hours after employees report workplace injuries
Create hostile work environments for workers who seek medical treatment for work injuries
Deny promotions or advancement opportunities to workers’ compensation claimants

These protections apply regardless of the validity or outcome of your workers’ compensation claim. Even if your claim is ultimately denied, your employer cannot retaliate against you for filing it in good faith.

Why You Need a Workers’ Compensation Attorney

Employers who retaliate against workers’ compensation claimants often have legal teams protecting their interests. Facing these resources alone puts you at a severe disadvantage. Our workers’ compensation lawyers gather evidence of retaliation, interview witnesses, review employment records, and build comprehensive cases proving your employer’s unlawful conduct.

Our attorneys know how workers’ comp retaliation laws work and how to use them effectively to protect your rights. Our experience negotiating with employers and their attorneys helps secure fair settlements that compensate you fully for the harm you’ve suffered. When employers refuse to resolve retaliation claims fairly, we pursue all available legal remedies through the appropriate administrative or civil process.

Contact Our Workers’ Comp Attorneys from Atkinson Gerber Law Office for Comprehensive Protection

Our workers’ compensation attorneys handle cases involving retaliation against injured workers who exercise their legal rights to file claims and seek benefits. We understand how devastating it can be to face job loss or other punishment after suffering a workplace injury, and we fight aggressively to hold employers accountable for violating anti-retaliation protections.

Workplace retaliation for filing workers’ compensation claims requires prompt legal action to protect your rights under the law.

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

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.