Retaliation for Filing Workers' Comp in Minnesota
Whether an employer in Minnesota can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: Anyone who fires or threatens to fire an employee for seeking workers' compensation benefits, or intentionally obstructs an employee seeking benefits, can be sued for the employee's damages, costs and reasonable attorney fees, plus punitive damages of up to three times the compensation… Minn. Stat. § 176.82
| Retaliation for filing | Anyone who fires or threatens to fire an employee for seeking workers' compensation benefits, or intentionally obstructs an employee seeking benefits, can be sued for the employee's damages, costs and reasonable attorney fees, plus punitive damages of up to three times the compensation benefit. Separately, an employer (other than one with 15 or fewer full-time equivalent employees) that refuses without reasonable cause to offer continued employment within the worker's physical limits, when such work is available, is liable for up to one year's wages, capped at $15,000. Source: Minn. Stat. § 176.82 |
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| Appealing a denial | A claim petition is heard by a compensation judge. A party may appeal the judge's decision to the Workers' Compensation Court of Appeals within 30 days after being served with notice of the award or order; the court may extend this by up to 30 more days if cause is shown within the original 30 days. Grounds include errors of law and findings that are clearly erroneous and unsupported by substantial evidence. Source: Minn. Stat. § 176.421 |
Where to get help in Minnesota
More Minnesota workers' compensation
- Filing a Workers' Comp Claim in Minnesota
- How Much Workers' Comp Pays in Minnesota
- Workers' Comp Settlements in Minnesota
- Suing Over a Work Injury in Minnesota
- Appealing a Denied Workers' Comp Claim in Minnesota
- All Minnesota workers' compensation rules
FAQ
Can you be fired for filing workers' comp in Minnesota?
Anyone who fires or threatens to fire an employee for seeking workers' compensation benefits, or intentionally obstructs an employee seeking benefits, can be sued for the employee's damages, costs and reasonable attorney fees, plus punitive damages of up to three times the compensation benefit. Separately, an employer (other than one with 15 or fewer full-time equivalent employees) that refuses without reasonable cause to offer continued employment within the worker's physical limits, when such work is available, is liable for up to one year's wages, capped at $15,000.
How do you appeal a denied workers' comp claim in Minnesota?
A claim petition is heard by a compensation judge. A party may appeal the judge's decision to the Workers' Compensation Court of Appeals within 30 days after being served with notice of the award or order; the court may extend this by up to 30 more days if cause is shown within the original 30 days. Grounds include errors of law and findings that are clearly erroneous and unsupported by substantial evidence.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.