Legal Question in Workers Comp in Minnesota

Fired after filing First report of Injury

I had a previous back injury a couple of years ago in which I was on WC. I applied for a truck driving position and was hired. During the interview I asked the owner about hand unloads( which means you have to unload the pallets by hand. He said he only had about 2-5% of these loads. I told him at the time about my back problems and he said dont worry about it. Well it was actually about 50-60% of the runs are hand unloads and is mainly liquor stores and fast food places that you use a ramp to unload.

I hurt my back on wednesday of last week and filed a First report of injury the same day. I called my doctor and was told the first appointment was on monday. I went in and tried to work on thursday and Friday and was fired on Friday afternoon. The owner telling me that I was being fired because I couldnt do the job to his satisfaction. I had been working there less than a month. Any ideas?


Asked on 10/29/05, 8:10 pm

1 Answer from Attorneys
J. Chris Carpenter Harvey and Carpenter

Re: Fired after filing First report of Injury

There can be a claim for retaliatory discharge. However, his defense is that you were not doing the job well. In regard to the work comp claim, you should get a lawyer. You should be getting paid work comp benefits while you are off of work. There is a limit to how much you can get. call me and I will let you know more about your right to work comp benefits.

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Answered on 10/30/05, 9:39 am


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