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Legal

Can you terminate employees with an open work comp claim?
Can you terminate employees with an open work comp claim?

While most states have laws that bar employers from terminating or disciplining an employee solely based on them being on workers’ compensation or in response to their experiencing a work injury, there are conditions under which such an employee may be let go.

A man yelling at a coworker in an office
Why you need to watch out for workplace bullies

The Workplace Bullying Institute estimates that 60.3 million U.S. workers are affected by bullying. Here are tips to prevent it in your workplace.

New changes to Minnesota workers’ compensation law

A number of changes to Minnesota's workers' compensation law go into effect in 2024. Gov. Tim Walz signed the bill on May 8, 2024. The legislation contains 50 sections with amendments to chapter 176, many of which are technical or cleanup provisions recommended by the Office of Administrative Hearings.

OSHA electronic reporting requirements for employers

You may have questions about whether your business is required to submit information to OSHA electronically, and what information you will need to submit.

What employers should know about marijuana safety and impairment policies

An employer's legal marijuana safety and impairment policy options may depend on the level of operations the company has with the federal government.

Can you screen job applicants for prior workers' compensation claims?

Asking job candidates about past work injuries, disabilities or medical histories isn't appropriate under the federal Americans with Disabilities Act (ADA) or state laws.

Hiring practices: Thorough processes can prevent injuries and problem claims

Following a thorough hiring process is one important way you can prevent problem workers’ compensation claims, along with other challenges. Choosing the right employee for a role is rarely easy, but there are steps you can include in your process to help you more confidently make hiring decisions.

Recreational marijuana: How Minnesota’s new law may impact work comp and workplace policies

On May 30, 2023, Gov. Tim Walz signed the state’s recreational marijuana bill, making Minnesota the 23rd state in the U.S. to legalize recreational marijuana for adult use. The new law contains several provisions that affect employers doing business in Minnesota, addressing changes to medical marijuana, use of off-duty lawful consumable products, drug testing in the workplace, as well as implementation of workplace policies.

Tips for hiring temporary workers or subcontractors

Before you hire temporary employees or independent subcontractors, get answers to your questions about their safety and workers’ compensation coverage.

MN Supreme Court decision clarifies the nature and extent of PTSD claims in the state

MN Supreme Court decision clarifies the nature and extent of PTSD claims in the state

Minnesota Supreme Court rules on PTSD presumption

Minnesota Supreme Court rules on PTSD presumption

Avoiding litigation: ways to prevent disputes that land claims in court

When an attorney gets involved in a workers’ compensation claim, it can increase claim costs and harm outcomes for everyone involved. There are a number of steps that employers can take to prevent the kinds of scenarios that cause workers to seek representation from an attorney.

Retaliation claims: what they are and best practices to avoid them

If an employee feels they’ve been wrongfully targeted for exercising their protected right, they may in turn file a retaliation claim. Learn best practices to avoid them.

How to prevent safety hazards due to impairment

Drug and alcohol use and misuse are on the rise. As an employer you can establish or update your drug and alcohol program to prevent the safety risks of drug and alcohol use on the job. Learn how to prevent safety hazards due to drug and alcohol impairment.

What are employer liability limits?

Employer liability coverage is rarely used in most states, and makes up a very small part of the workers' compensation insurance premium.

Legal and safety considerations for hybrid workers

If you have employees who work both remotely and on-site, there are some important legal and workplace safety considerations to be aware of.

Compensability of adverse COVID-19 vaccine reactions

U.S. employers have the right to encourage or require employees to vaccinate against COVID-19. This raises the question of compensability for adverse reactions from the COVID-19 vaccine, and related medical treatment and time lost from work. A key factor for workers’ compensation compensability is whether the vaccination was required by the employer.

Resumption of the presumption: Minnesota's COVID-19 presumption law

Minnesota’s workers’ compensation law has been temporarily amended to include a presumption of liability for certain workers with a positive COVID-19 laboratory test or clinical diagnosis of COVID-19 when a test is not available.

MN Supreme Court rules on medical cannabis in work comp

Recent MN Supreme Court decisions create a new bright-line rule about the compensability of medical marijuana in workers’ compensation claims.

Iowa commissioner deems rotator cuff a ‘shoulder’ injury

Iowa Workers’ Compensation Commissioner Joseph Cortese determined that an injury to a muscle in the rotator cuff is considered a shoulder injury for the purpose of determining permanent partial disability benefits.

MN Supreme Court addresses workers’ compensation case

The Minnesota Supreme Court addressed the rights of intervenors in workers’ compensation proceedings in the August 12, 2020, decision of Koehnen v. Flagship Marine Company and Auto Owners Insurance Company.

A legal perspective on injuries while working from home

It can be challenging to determine whether an employee’s injury is considered work related, even in the typical work environment. Working from home can present unique workers’ compensation issues due to the inevitable mix of work-related and personal activities.

Retirement presumption can affect workers’ comp benefits

Most Minnesota workers retire at 67, but employers may have to continue permanent total disability benefits if an employee continues working past the expected age.

Information for employers: Injuries while working from home

With more employees working from home due to the recent COVID-19 outbreak, many policyholders have turned to SFM for answers on liability questions concerning the home office. 

Cumulative injury coverage under workers' compensation

Some work injuries don’t occur at a specific time, but rather they are the result of a degenerative process that takes place over months or years.

Even unpaid interns may be eligible for workers’ comp

If your organization offers internships, be aware that even unpaid interns could be eligible for workers’ compensation benefits.

Are employees compensated when injured while violating company rules?

Employers are can be frustrated to learn that employees injured while violating company safety rules can still receive workers’ compensation benefits in some cases.

Tips for a smooth premium audit

Read our premium audit tips to make sure yours goes smoothly, and understand why your annual workers' compensation premium audit is so important.

Are employee injuries at parties and wellness events eligible for workers' comp benefits?

Typically, an injury sustained in an activity that is truly voluntary is not compensable. But if the employee is encouraged or required to participate, or the company benefits from the participation in some way, it could be.

Workers' compensation and home office telecommuting

Employees who are injured while taking a short break from work can be eligible for workers’ compensation benefits. What happens when the injury occurs while the employee is working from home?

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