What Happens If I Get Fired While on Workers’ Comp in Minnesota?

If you get injured at work, you may need to take time off to seek medical treatment. Many employees file workers’ compensation claims to protect their jobs while they recover. We recommend seeking help from workplace accident attorneys in Minnesota as you navigate these processes.

Some injured workers hesitate to file a workers’ compensation claim because they worry their employers will fire them over it. That is against the law: Minnesota employee rights ensure you cannot be fired solely because of a workers’ compensation claim. To understand what happens if you do get fired while on workers’ comp, it is important to learn about the legal reasons your employer can fire you.

Can My Employer Fire Me?

It is against the law for your employer to fire you as retaliation for seeking workers’ compensation benefits. However, there are some nuances to this situation. You can be fired while on workers’ compensation for reasons unrelated to the injury and the claim.

Legal Reasons Your Employer Can Fire You

You can be fired if your employer can prove a history of poor job performance using performance reviews and timesheets. 

If the company was already planning layoffs and can prove your layoff is not related to your injury or claim, you can be laid off. Additionally, some jobs are so important to the company that they must be replaced immediately; in these cases, employers can fire workers receiving workers’ compensation benefits. 

What About Benefits?

If you happen to get fired while on workers’ comp, the good news is that your company is still legally responsible for paying your medical benefits and wage loss payments. An experienced workers’ compensation attorney can help you fight for the unemployment benefits you are entitled to.

After Workers’ Comp Ends

During your time not working and receiving workers’ comp benefits, you will be undergoing medical care. Upon reaching maximum medical improvement, you have recovered as much as medically possible from your injury. 

After You Have Recovered

Sometimes, workers who reach maximum medical improvement are still not at their pre-injury capabilities. If your injury has made you permanently unable to fulfill the tasks required for your job, your employer is within their right to fire you. 

For example, your position may have been physically demanding and required a lot of walking. If your injury has permanently impacted your ability to walk, you may not be able to complete your old job, even if the employer provides accommodations. In this case, your employer may legally fire you.

Contact a Workers’ Comp Attorney

If you are still unsure what happens if you get fired while on workers’ comp, reach out to the attorneys at Novitzke, Gust, Sempf, Whitley & Bergmanis. Our team can guide you through what not to do while on workers’ comp, as well as how to best navigate what happens if you do get fired. We are experienced lawyers dedicated to helping injured employees fight for their compensation and benefits.

Call toll-free at 888-596-6049 or fill out our quick online form for a free consultation.