Getting hurt on the job is bad enough. Getting fired, demoted, or suddenly written up right after you reported that injury or filed for workers’ compensation is something else, and in Minnesota, it’s illegal. Under Minnesota Statute § 176.82, an employer cannot discharge you, threaten to discharge you, or obstruct your workers’ compensation claim in any way once you seek the benefits you’re entitled to.
J. Ashwin Madia, an American College of Trial Lawyers Fellow ranked among the top 1% of trial lawyers in the U.S. and Canada, represents Minnesota employees in cases like this. Two of his clients were fired the same day their employer learned they had hired a workers’ compensation attorney. Madia Law LLC took that case to a $650,000 settlement.
Call 612-349-2729 to talk with our Minneapolis employment lawyers about what happened. If you’d rather write it out first, request a confidential case review online.
You can also visit us at our office at IDS Center, 3075, 80 S 8th St, Minneapolis, MN 55402.
- More than $40 million recovered for Minnesota clients across 21 documented case results
- 17 years representing Minnesota employees and civil rights victims (founded 2009)
- 4.7-star average rating from 129+ verified Google reviews
- Top 1% of trial advocates in the U.S. and Canada
- Super Lawyers honoree, 2019–2026
- National Trial Lawyers Top 100 (Minnesota)
Featured Case Result
Fired the Day the Company Learned They Had a Lawyer. Recovered $650,000.
Two highway construction workers, “Adam” and “David,” were each injured on the job: a knee injury in an equipment accident, and a back injury moving wet concrete. Both were placed on light duty while they healed. The day their employer received notice that a workers’ compensation attorney was representing them, both men were fired. Madia Law litigated the case for nearly a year and a half and settled for $650,000 just days before trial.
Attorney advertising. Prior results do not guarantee a similar outcome. Every case is unique, and the value of any claim depends on its specific facts.
“Madia Law LLC has been fantastic. From the first telephone discussion through numerous conversations among three attorneys, the law firm demonstrated professionalism, responsiveness, and sincere interested in my success. Very refreshing to work with individuals, across the organization, that execute their stated goal of satisfaction. A major indicator of their dedication to the client is the continuity of my file details among the attorneys. I could not have been more pleased with the approach, dedication and results of Madia Law LLC. I highly recommend contacting the firm and working with attorney Cody Bates, you will be glad you did.”
★★★★★
— Nick Ibarra, Verified Google Review
What Counts as Workers’ Compensation Retaliation in Minnesota
Retaliation does not always look like a termination letter. Here is what the law covers.
| What Your Employer Did | Is It Retaliation Under Minnesota Law? |
|---|---|
| Fired you or threatened to fire you after you reported an injury or filed a claim | Yes. Actionable under Minn. Stat. § 176.82, Subd. 1 |
| Demoted you, cut your hours, or reduced your pay after you sought benefits | Yes, if connected to your workers’ compensation claim |
| Refused available light-duty work within your medical restrictions | Yes. Separately actionable under Minn. Stat. § 176.82, Subd. 2 |
| Gave you a sudden negative performance review right after you reported an injury | Often evidence of retaliation, especially when the timing is close |
| Refused to give you your personnel file or a written reason for termination | A separate violation. Minnesota law requires employers to provide this on request |
Ready To Talk? Contact Madia Law Today
Minnesota Workers’ Compensation Retaliation Law: What You Can Recover
Minnesota is an at-will employment state, meaning your employer can fire you for almost any reason, or no reason at all. Seeking workers’ compensation benefits is one reason the law does not allow. Minnesota Statute § 176.82, Subdivision 1, makes it illegal for an employer to discharge you, threaten to discharge you, or intentionally obstruct you from seeking workers’ compensation benefits. If your employer violates this law, you may recover your actual damages, costs, and attorney fees, plus punitive damages of up to three times the compensation benefit you were entitled to.
Subdivision 2 covers a related situation: if your employer has light-duty work available within your medical restrictions and refuses, without reasonable cause, to offer it to you, your employer is liable for one year of your wages.
Retaliation does not require an actual firing. In Schmitz v. U.S. Steel Corp., 852 N.W.2d 669 (Minn. 2014), the Minnesota Supreme Court confirmed that a threat to discharge is independently actionable, and that retaliatory discharge claims under section 176.82 are decided by a jury, not just a workers’ compensation judge.
Contact Madia Law To Discuss Your Case.
How We Prove Your Retaliation Claim
Minnesota law protects you from the moment you seek workers’ compensation benefits, which can start as soon as you report a workplace injury to your employer. To win your case, we build the connection between that protected activity and what your employer did next.
- We show your employer’s stated reason for firing or disciplining you is factually false
- We show other employees in the same situation were treated differently, which points to pretext
- We examine the timing between your injury or claim and your employer’s action against you. Adverse action taken within days or weeks of a workers’ compensation claim is strong evidence of retaliation
Read our full guide to proving retaliation in the workplace for a deeper walkthrough of pretext, comparator evidence, and documentation.
Not Sure Where To Start? Contact Us
What If Your Employer Refused Light-Duty Work?
If you were injured on the job and your employer has light-duty work available that fits your medical restrictions, Minnesota law requires your employer to transfer you to that position. If your employer refuses without reasonable cause, you may be entitled to a full year of wages under Minn. Stat. § 176.82, Subd. 2. This is separate from, and in addition to, a retaliatory discharge claim. If your employer refused to accommodate your medical restrictions or denied you light duty, tell us what happened. If your injury also qualifies as a disability under the ADA or MHRA, our disability discrimination attorneys can evaluate that claim separately.
This Has Happened Before, and We Have Won
A service technician we represented suffered a shoulder injury after nearly four years on the job. When he asked his supervisor for an injury report form, he was told his injury was not the company’s responsibility. Two weeks later, he was fired and told there was no workers’ compensation claim.
Madia Law filed suit, and his employer settled for an amount equal to approximately 18 months of his salary. Details drawn from our published case results; the client is referred to anonymously to protect confidentiality.
Contact Madia Law Before You Decide Anything
What Should You Do If Your Employer Retaliates Against You?
If your employer retaliated against you, take these four steps immediately to protect your claim.
- Write everything down. Note the date of any adverse action, who was involved, what was said, and who witnessed it. Do this while the details are fresh.
- Apply for unemployment benefits. Ask your employer’s HR department about your COBRA continuation coverage rights to keep your health insurance in place while your case moves forward.
- Request your personnel file and the stated reason for your termination in writing. Minnesota employment law requires your employer to respond to both requests, but the deadlines differ: a written reason for termination is due within 10 working days of a timely request, and personnel file access applies to Minnesota employers generally, including employers with one or more employees.
- Call our office at 612-349-2729 to talk through what happened.
If your employer offers you a severance agreement after firing you, do not sign it right away. Most severance agreements ask you to waive your legal claims, including a workers’ compensation retaliation claim, in exchange for a payment that is often just two to four weeks of wages.
Read our guide on what to do if you’ve been fired for a sample written request you can send your employer and a closer look at what a severance offer might be asking you to give up.
“My experience with Ashwin and Madia Law was outstanding. Ashwin is extremely knowledgeable, strategic, and intentional about assigning the right team members to each case. This ensures every matter receives the proper focus and expertise. His compassion and commitment to his clients are evident from day one. Ashwin achieved all the outcomes I hoped for and consistently helped me stay grounded throughout the process. His team approaches every case with thoughtful planning and foresight, which made a difficult situation far easier to navigate. I strongly recommend Madia Law to anyone seeking a dedicated, client‑focused attorney. Their professionalism and results speak for themselves.”
★★★★★
— Darla Anderson, Verified Google Review
Frequently Asked Questions
How Much Is My Workers’ Compensation Retaliation Case Worth?
It depends. A workers’ compensation retaliation case’s value depends on four factors: the strength of your evidence, your lost wages, your employer’s ability to pay, and your risk tolerance. Madia Law’s matching case results range from an 18-month salary settlement to a $650,000 settlement. Talk with us directly for your case value.
What Is the Statute of Limitations for a Workers’ Compensation Retaliation Case in Minnesota?
You have six years from the date of discharge or obstruction to file a workers’ compensation retaliation lawsuit in Minnesota. This six-year deadline covers retaliatory discharge and obstruction claims under Minn. Stat. § 176.82. File early, since evidence and witness memory fade quickly.
Can My Employer Fire Me for Filing a Workers’ Compensation Claim?
No. Minnesota law prohibits your employer from firing you, threatening to fire you, or obstructing your workers’ compensation claim under Minn. Stat. § 176.82. This protection starts the moment you seek benefits, which begins as soon as you report a workplace injury. Violations carry punitive damages up to three times your benefit.
Can I Still Receive Workers’ Compensation Benefits If My Employer Fired Me?
Yes. Your termination does not end your right to workers’ compensation benefits for a work-related injury. You keep your claim to wage-loss benefits, medical treatment, and vocational rehabilitation regardless of your employment status. A retaliatory firing adds a separate claim against your employer under Minn. Stat. § 176.82, on top of your existing benefits.
What If My Employer Made My Job So Difficult That I Had to Quit?
This may still count as illegal retaliation. Minnesota recognizes constructive discharge, being forced to resign because working conditions became objectively intolerable, as a form of wrongful termination. If your employer created those conditions after you sought workers’ compensation benefits, a retaliation claim may still apply even though you were not formally fired. Tell us what happened.
Call Our Minneapolis Workers’ Compensation Retaliation Lawyers
Madia Law LLC takes workers’ compensation retaliation cases on contingency. That means a consultation costs nothing, and if we take your case, you owe nothing unless we win.
Call 612-349-2729 and one of our staff will ask what happened: when you reported your injury, what your employer did afterward, and what documents you already have. That call usually takes 5 to 10 minutes and stays confidential. J. Ashwin Madia personally reviews what you share, and you’ll hear back, usually within a day, on whether we can take your case.
If you’d rather not call yet, contact Madia Law LLC online and start the same process in writing.
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