David H. Bailly, Ltd.David H. Bailly, Ltd.2026-05-19T10:17:15Zhttps://www.dbaillylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1604961/2020/11/cropped-favicon-david-h-bailly-32x32.jpgOn Behalf of David H. Bailly, Ltd.<![CDATA[Can I be fired while on workers’ compensation? Understanding your job protection rights in Minnesota]]>https://www.dbaillylaw.com/?p=482152026-05-19T10:17:15Z2026-05-19T10:17:15ZAn injury at work can shake your health and your paycheck. Many workers fear a pink slip as soon as they report a claim. Minnesota law prohibits employers from firing you because you seek workers’ compensation, yet at‑will rules still allow terminations for other reasons. You can reduce risk with clear steps and steady records.
Your job protection while on workers’ compensation in Minnesota
During recovery you need guardrails around your job, your benefits and your next steps so you do not make a hurried choice that harms your case. Keep these points in mind:
At‑will employment: Employers in Minnesota can end jobs for lawful reasons not tied to your claim.
Anti‑retaliation: Minnesota law prohibits employers from firing, threatening or harassing you because you file or pursue a claim.
Light duty and accommodation: The ADA and Minnesota Human Rights Act often require employers to discuss reasonable changes when you have medical limits.
FMLA leave: If you qualify, the Family and Medical Leave Act can provide up to 12 weeks of job‑protected leave.
Benefits after firing: A firing usually does not end medical care or wage loss benefits if your injury still qualifies.
If a termination still happens despite your efforts, you can move fast to protect your record, steady your income path and set up any retaliation issue you may need to raise.
What to do if your employer lets you go
If your employer lets you go while you recover, you can follow a focused plan that supports your health, your benefits and your job search without giving up legal options. Start with these actions:
Ask for the reason in writing and save it with the termination date.
Preserve evidence such as the injury report, doctor notes, schedules and messages.
Keep medical care on track and follow your restrictions at home and during any job search.
Update the workers’ comp insurer about your work status and ask about wage loss options that may fit your release.
Begin a good faith job search within your limits and track applications, interviews and rejections.
These steps build a clear timeline, help you show good faith during recovery and position you to discuss wage loss or retaliation issues when seeking workers' comp with the insurer or a legal resource.Work injuries strain paychecks and careers. Quiet, early guidance from someone who knows Minnesota workplace rules can help you weigh options and avoid costly mistakes.]]>On Behalf of David H. Bailly, Ltd.<![CDATA[The basics of back injuries among Minnesota workers]]>https://www.dbaillylaw.com/?p=477362025-05-01T20:32:40Z2022-02-07T22:32:46ZCommon causes of back injuries
Lifting heavy objects is one of the most common ways people sustain back injuries at work. This can include anything from boxes and packages to people as is the case for individuals who are employed as caregivers or nurses. Back injuries can also occur when people slip and fall at the workplace. For instance, those who have to climb ladders may fall and hurt their backs. This is actually a leading reason many people file for workers' compensation. In addition, individuals who sit for long periods can suffer from back injuries as well.
Remember that a back injury can range from a mild sprain to something much more serious, such as a herniated disc that requires surgery to repair.
How can workers prevent back injuries?
While it's not always possible to prevent back injuries, there are some things people can do to help reduce their risk. First and foremost, workers should always practice safe lifting techniques. This means using the legs, not the back, to lift heavy objects. Individuals should also avoid bending over at the waist when lifting and always use a sturdy surface to stand on when reaching for something high.
In addition, individuals can stay physically active by participating in regular exercise. This can help keep their muscles strong and flexible, which can help prevent back injuries. Workers should also take breaks every hour or so to move around and stretch.
If you do sustain a back injury at work, don't hesitate to file a workers' compensation claim. Workers' compensation exists to assist individuals who are hurt at work to recover from their injuries and get back to work as soon as possible. Typically, workers' compensation covers medical bills and lost wages. People can also receive workers' compensation benefits if they cannot work due to their injury as well as rehabilitation services.]]>On Behalf of David H. Bailly, Ltd.<![CDATA[OSHA to draft first workplace safety rules over excessive heat]]>https://www.dbaillylaw.com/?p=477292025-05-01T20:32:45Z2021-11-03T20:14:00ZGuidelines expected for inclusion in OSHA rules
Researchers say hotter days not only mean more cases of heat stroke and heat exhaustion but increase the risk of other injuries as extreme temperatures make it harder for workers to focus. The federal rules are expected to mirror similar heat-related standards embraced by some industries, which include:
Mandatory breaks for people who work in high temperatures
Work stoppages when the heat index reaches a specific threshold
Requirements for employers to provide water, shade and air-conditioning
Access to medical attention for workers regularly exposed to heat
The OSHA rules will focus on the safety of outdoor workers in construction, agriculture and delivery services and indoor workers in kitchens, factories and warehouses.
Addressing the ‘big picture’
The OSHA announcement followed a summer when numerous heatwaves broke records across the Western United States and Canada. The National Weather Service states that extreme heat is the nation’s No. 1 weather-related killer.
The current administration says extreme weather caused by climate change has taken a devastating human and economic toll as rising temperatures threaten millions of Americans. Experts say excessive heat places millions of workers in imminent danger and hits disadvantaged communities in particular.]]>On Behalf of David H. Bailly, Ltd.<![CDATA[Top 4 most common construction accidents]]>https://www.dbaillylaw.com/?p=476992025-05-01T20:32:50Z2021-09-01T22:29:42Z1. Struck by an object
The Occupational Safety and Health Administration, or OSHA, defines “struck by” accidents as incidents that involve forcible contact with an object. Two examples of this type of construction accident are when a falling tool or a flying piece of material strikes a worker. An accident that involves a worker being struck by a vehicle is another example.
2. Caught in something
Construction workers can suffer devastating injuries when they are caught in equipment or construction material. Accidents that involve being caught in or between something involve two or more objects that somehow trap a worker. This type of accident may happen when construction material collapses onto a worker, or a worker gets pulled into a machine.
3. Electrocution
Construction accidents involving electrocution are usually caused by the unsafe use of electrical equipment. These accidents may also occur when a work environment is not properly safeguarded, or electrical hazards are not properly marked.
Some of the injuries that electrocution can cause include:
• Burns
• Nerve damage
• Cardiac arrest
• Muscular contractions
These injuries, and others, maybe compensable with a workers’ compensation claim.
4. Falling
Two types of falls can happen on a construction site: falls at the same level and falls from heights. Falls at the same level may also be called slips and trips, and these accidents typically happen because of a cluttered or uneven surface. Falls from heights are often due to a lack of fall protection equipment, safety nets or guardrails.
What to do if you were injured on a construction site
As long as you are an employee and not an independent contractor, you can most likely file a workers’ compensation claim for your construction-related injuries. Depending on the details of your accident, you may also be able to file a third-party personal injury claim.]]>On Behalf of David H. Bailly, Ltd.<![CDATA[How nurses can avoid injuries in Minnesota]]>https://www.dbaillylaw.com/?p=476362025-05-01T20:32:55Z2021-07-02T21:39:20ZYour rights as a health care worker
Before we discuss prevention techniques, you should know that, as a nurse, you are eligible for workers' compensation for any injury that you get. It doesn't matter whether you were at fault or not.
Common injuries and how to avoid them
Overextension and body injuries – Develop a better understanding of your working environment and conditions. For example, don't lift heavy or move heavy patients. Instead, use equipment or ask a colleague to assist you.
Fall, slip and trip injuries – Prevent these injuries by eliminating factors that contribute to them. For instance, use slip-resistant shoes and remove any walking obstacles on your way, like chords.
Injuries from violent people – It would be best if you always spoke up against any form of violent behavior towards you. This can come in any form: threats or physical violence from anyone, including visitors, patients, other employees or employers. You can also sue someone for any suffering or inconveniences caused that workers' compensation does not cover.
Equipment injuries – Practice safe needle handling at all times. Moreover, the Federal Needlestick Safety and Prevention Act requires institutions to enquire frontline workers when making needle purchasing decisions. Therefore, if you feel like a needle or any other equipment endangers you, you have a right to ask for something else that could work better.
Exposure to harmful substances or environments – Be very vigilant to avoid exposure to any harmful substance like medications, sterilants, volatile organic compounds, chemicals and any other substances that puts you at risk. Wear personal protective gear, get vaccinated or immunized against pathogens and clean your hands often.
To build a long and rewarding career as a nurse, always remember to make your safety a priority. Adhere to all the guidelines, and if you need any professional guidance on your rights, you should always seek it.]]>On Behalf of David H. Bailly, Ltd.<![CDATA[Reasons why workers’ compensation claims get denied]]>https://www.dbaillylaw.com/?p=476352025-05-01T20:32:59Z2021-03-23T00:52:47ZInjury and claims not reported or filed on time
An individual must report his or her injuries within a certain time frame in order to receive workers’ compensation benefits. Most states give employees 30 days, but some states may give less time. Otherwise, the provider will think the employee didn't really get hurt.
Employees also have a deadline for filing the initial claim, which differs from reporting the injury. In Minnesota, workers have six years from the date of their injuries to file a claim.
Injury not related to job
Workers' comp only covers injuries that happen while on the job or "within the scope of employment." For example, a worker who falls picking up his or her personal P.O. box mail likely won't be covered.
The other two factors that apply include "arising from" and "in the course." "Arising from" refers to tasks or activities that benefit the employer, and "in the course" refers to the timing and location.
Sometimes, "in the course" does not mean the injury was sustained "within the scope of employment." For instance, if an employee gets into a physical fight with a co-worker over non-work-related issues at a company event, the injury will likely not get covered.
Condition or injury not covered by workers’ comp
Most states don't offer workers' comp for soft-tissue injuries even if a worker must miss several days of work. Examples of soft tissue injuries include repetitive stress injuries, such as carpal tunnel, or a simple back sprain. If an employee had drugs or alcohol in his or her system when the accident occurred, the injury may not get covered.
Some states offer coverage for post-traumatic stress disorder or other stress-related conditions caused by the job. Even in the states that offer coverage for stress-related illness, the employee must prove the job caused it.
Many workers' comp claims get denied initially for no reason. If someone feels unfairly denied, he or she should seek the help of an attorney for help with filing an appeal.]]>On Behalf of David H. Bailly, Ltd.<![CDATA[How a herniated disk suffered at work can affect your life]]>https://www.dbaillylaw.com/?p=476332025-05-01T20:33:04Z2020-12-16T21:42:21ZHow a healthy disk becomes herniated
But when the nucleus pushes through a tear in the annulus, it can irritate a nerve. This is what doctors call a herniated disk. It's also commonly known as a slipped disk. Pressure from the nucleus on the nerve can cause the following symptoms:
Pain in an arm or leg. This depends on whether the ruptured disk is in your lower or middle back or your neck.
Numbness or tingling
Muscle weakness
These symptoms usually affect one side of the body only. So your left leg could be affected, but your right leg would probably be fine.
What job duties can cause a slipped disk?
There are several factors that put people at risk of a herniated disk. Having a physically demanding job is one of the biggest risk factors, especially if your job involves repetitive lifting, pulling, and pushing heavy objects. Frequently having to twist your torso and bend sideways can also increase your chances of a slipped disk.
People who suffer a herniated disk or other back injuries through their work may be entitled to workers' compensation benefits under Minnesota law. But the process of getting approved for the level of benefits you are entitled to can be challenging. The knowledge and representation of a workers' compensation attorney can be a big help.]]>