Workers’ Compensation Retaliation

You got hurt at work and filed a claim for benefits you’re entitled to. If your employer punished you for it — or tried to stop you from filing at all — that’s illegal, and it’s a separate claim from your injury.

Get free case review
Worker wrapping injured hands with a bandage

What is workers’ compensation retaliation?

Workers’ comp retaliation is when an employer punishes you for reporting a workplace injury or filing a workers’ compensation claim — through firing, demotion, cut hours, or hostility. It also covers obstruction: employers who block your right to report an injury or seek benefits at all. Both are illegal under Minnesota and Illinois law.

Because many employers are self-insured, a claim costs them directly. Some respond by making the injured worker the problem.

How workers’ compensation retaliation shows up at work

  • You’re fired or laid off soon after reporting an injury

  • You’re demoted, or transferred somewhere worse

  • Your hours or pay are cut while you’re on restrictions

  • Your employer resents accommodating your work restrictions

  • You’re denied overtime, a promotion, or benefits

  • You’re written up for the first time after filing

  • You’re discouraged from seeing a doctor

  • Your employer won’t give you the First Report of Injury form

Federal and state protections

Stone courthouse columns framed by red autumn leaves

Filing a workers’ comp claim is a protected right. Punishing you for it is illegal.

Federal

Workers’ compensation is governed by state law rather than a single federal statute, so your protections come primarily from Minnesota and Illinois law.

Minnesota

Minnesota law prohibits employers from discharging or taking adverse action against an employee for filing a workers’ compensation claim or because of a work-related injury. It also makes it illegal to intentionally obstruct a worker’s right to report an on-the-job injury and seek benefits — including refusing to provide the First Report of Injury form the employer is required to give you.

Illinois

Illinois has long treated firing an employee for filing a workers’ compensation claim as retaliatory discharge — a common-law tort that can be brought directly in court. It’s one of the clearest and most established applications of the doctrine.

Not sure which law applies to your situation? That’s what we figure out with you.

Two separate claims

If you were hurt at work and then punished for it, you likely have two distinct claims, and they run on different tracks:

  • Your workers’ compensation claim

    covers the injury itself — medical expenses, lost wages, vocational rehabilitation, and benefits for permanent damage. It’s about being made whole for the harm.

    Physiotherapist applying kinesiology tape on a shoulder

  • Your retaliation claim

    covers what your employer did because you filed. It’s a separate claim, with separate damages, and it doesn’t disappear just because your comp claim resolves.

    Chef cooking in a commercial kitchen

We handle the retaliation side. If you need help with the underlying injury claim, we’ll point you toward a workers’ compensation attorney who can handle it.

Obstruction is its own violation

Most people know an employer can’t fire you for filing a claim. Fewer know that an employer can’tstop you from filing one.

Under Minnesota law, it’s illegal for an employer to intentionally obstruct your right to report a work injury and seek benefits. That includes:

  • Telling you not to see a doctor or go to the hospital

  • Refusing or failing to provide the First Report of Injury form

  • Pressuring you to say the injury happened somewhere else

  • Discouraging you from filing, or telling you it isn’t worth it

  • Failing to report the injury as required

  • Delaying your claim until you give up on it

  • Telling you the injury isn’t covered when it is

  • Threatening your job if you file

They can’t stop you from filing

If your employer blocked your claim before it started, that’s a violation in itself.

Get free case review

What a workers’ comp retaliation case can recover, if your case is successful:

  • Back pay for wages you lost
  • Front pay for future wages
  • Reinstatement to your job (if that’s what you want)
  • Compensation for emotional distress
  • Equitable relief — like clearing false information from your personnel file
  • Punitive damages against the employer (in serious cases)
  • Attorney’s fees and costs

Every case is different. What you can recover depends on the facts, the law, and the employer’s conduct.

Wanta Thome partners and legal team standing together outdoors
*Prior results do not guarantee a similar outcome.

How we handle workers’ compensation retaliation cases

Every case starts with a free call. We listen first. If you have a case, we tell you what it looks like — what’s likely to happen, how long it might take, what’s realistic. If you don’t have a case, we tell you that too and try to point you toward someone who can help.

On contingency, you pay nothing unless we win.

Attorneys who handle these cases

Meet the full team
Shawn Wanta, Founding Partner at Wanta Thome

Shawn Wanta

Founding Partner

Recognized among the nation’s Top 100 Civil Plaintiff and Top 10 Wage and Hour attorneys, a determined litigator fighting for workers in class and collective actions.

Admitted in MN · IL

Joni Thome, Founding Partner at Wanta Thome

Joni Thome

Founding Partner

Drawing on 25 years of representing professionals and managers, a steady advocate for employees facing discrimination, harassment, and retaliation in the workplace.

Admitted in MN

Suzanne Heywood, Attorney at Wanta Thome

Suzanne Heywood

Attorney

Driven by her own encounters with corporate unfairness, a tenacious champion focused on protecting the rights, livelihoods, and futures of hardworking professionals.

Admitted in IN · IL · MI

Luke Molvarec, Attorney at Wanta Thome

Luke Molvarec

Attorney

Forged by his background as a Marine, an unwavering defender fighting to level the playing field and secure meaningful financial recovery for unfairly treated workers.

Admitted in IL

Common questions about workers’ compensation retaliation

  • Can my employer fire me for filing a workers’ comp claim?

    No. Both Minnesota and Illinois prohibit it. Illinois in particular treats it as textbook retaliatory discharge. If you were terminated after filing — or after your employer learned you intended to — that timing is worth examining closely.

  • What if the injury was my own fault?

    It generally doesn’t matter. Workers’ compensation is a no-fault system — benefits are available regardless of whether the injury was your fault or your employer’s. And your protection from retaliation doesn’t depend on fault either.

  • My employer won’t give me the injury form. Is that legal?

    No. In Minnesota, your employer is required to complete a First Report of Injury and give you a copy, along with an employee information sheet. Refusing or failing to do so can be unlawful obstruction of your right to seek benefits — a violation on its own.

  • Can my employer punish me for having work restrictions?

    No. Employers sometimes get frustrated with accommodating light duty or restrictions, and start treating an injured worker differently as a result. That shift in treatment — worse assignments, hostility, cut hours — can be retaliation.

  • Do I need a separate lawyer for my injury claim?

    Usually. Workers’ compensation claims and retaliation claims are different areas of law. We handle the retaliation side. If you also need help with the injury benefits themselves, we’ll point you toward a workers’ comp attorney.

See all retaliation FAQs

Ready to find out where you stand?

Five fields, no story needed yet — that comes on the follow-up call. Most people hear back within five minutes if Nina is enabled, or the same business day if not.

Your submission is confidential. We do not contact your employer.

The fastest way to know if you have a case

Receive a call from our AI voice system, which will call you in the next 5 minutes to confirm details, if you opt for it.

We may occasionally contact you with updates or content we think you'll find useful. You can unsubscribe anytime. To learn more, see our Privacy Policy.

By submitting this form, you consent to receive a brief automated follow-up call to gather additional details. This helps us better understand your situation and deliver the right support. You also agree to Wanta Thome storing and processing your information to provide requested services.

Common questions

How long do I have to file a workers’ comp retaliation claim?

It depends on the state and the claim. Because retaliation claims and workers’ comp claims run on separate tracks with separate deadlines, don’t assume that filing one preserves the other. Call early so nothing lapses.

Can I bring a retaliation claim while my comp claim is still open?

Yes. They’re separate claims. You don’t have to wait for your injury claim to resolve before addressing what your employer did to you for filing it.

What if I was fired for “performance” right after my injury?

That’s the most common cover story, and it’s testable. If your performance was fine for years and became a problem the month you got hurt, that timing is significant evidence — and we know how to develop it.

What evidence helps in a workers’ comp retaliation case?

Your injury report, the First Report of Injury form, your restrictions, your work history before the injury, and everything that changed after. The contrast between before and after is usually the core of the case.

How much does it cost to hire a workers’ comp retaliation lawyer?

For most cases, nothing upfront. We work on contingency — you pay no fees unless we recover money for you. The first call to find out whether you have a case is always free.