With today’s economy many workers’ are hesitant to file a workers’ compensation claim for fear of losing their job. In a time when jobs are hard to come by, and there are hundreds of able bodied workers to take your place, who can blame you. However, you have an unquestionable legal right to file a workers’ compensation claim if you are injured on the job. There are many laws which protect an injured employee from being terminated.
Under Minnesota Law, an employer may not retaliate against an employee for filing a workers’ compensation claim. This includes terminating the employee or obstructing their right to file a workers’ compensation claim. Additionally, an employer who unreasonably fails to offer continued employment may be subject to civil damages. However, filing a workers’ compensation claim does not provide an employee a shield behind which they cannot be touched.
Often times employees who have filed workers’ compensation claims feel as though they are under a microscope, and the truth is they often are. An employer may terminate an employee for behavior which violates the reasonable standards of behavior the employer has the right to expect, and which rises to the level the law would consider to be misconduct. In other words if you are doing something which one would ordinarily expect to get fired for then the law will not protect you.
So, why take the risk? Many injures which go untreated will undoubtedly get worse over time. Some injuries may progress to the point where the employee will have no choice but to remove themselves from the work force. To file a workers’ compensation claim months or years after the injury has happened could, at best make it more difficult to prove your claim, and worst bar your claim completely. It is always better to get treatment and the rest you need right away and could possibly prevent a two week injury from turning into a two year injury.
It is the intent of workers’ compensation to assure the quick and efficient delivery of wage loss and medical benefits to injured workers. The goal is to get injured employees the medical treatment they need and return them to the work force as quickly and safely as possible. If you are still unsure if you should file a claim or even whether you have a claim you should contact an attorney immediately.
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