A workplace injury can be stressful, but filing a workers’ compensation claim does not have to be like that. Some employees fear that by exerting their rights they might be targets of retaliation from their employers, but under state law this is not allowed. If this is your case, here is some information that may provide answers to your questions.
The law says no
According to Minnesota Statute § 176.82, any retaliation against an employee seeking benefits or compensation is unlawful. And while termination can be one of the most clear forms of reprisal, there are more discreet tactics such as demoting, cutting hours or assigning risky tasks.
Proving retaliation
All of the tactics mentioned above are included in the law, and also claims of poor performance or restructuring. However, there are some ways to prove a malicious intent:
- Save every email, memo or text message that alludes to your compensation.
- Create a detailed timeline that includes the moment you file your claim and if your working conditions changed after that.
- If necessary, try to include witnesses to your claims.
Solid records will support your case and refute your former employer’s arguments.
Remedies and damages
State law provides comprehensive remedies for victims of illegal retaliation:
- Reinstatement: The law provides the opportunity to be reinstated to your original position or a similar one.
- Back pay: You are entitled to recover all lost wages from the date of the unlawful termination, whether or not you decide to seek other employment.
- Additional damages: Your former employer may face damages for engaging in prohibited practices
This also includes punitive damages in cases of extreme bad faith.
Fight for your rights
You should not fear retaliation for defending your rights after a workplace injury. Time and documentation are crucial to this matter. Contact a law firm as soon as possible to create a solid legal strategy that can influence a better outcome.