Minnesota’s workforce is more than 3.1 million strong. Everyone contributes their skill and effort to move the economy forward, and each deserves a safe environment. In the event of an injury, compensations make a comeback possible.
Unfortunately, some employers fall short of this responsibility through negligence or intentional cost-cutting, leaving employees vulnerable. If you find yourself in this situation, a workers’ compensation attorney near St. Paul and other cities in Minnesota can be a critical advocate for your rights.
The Purpose of Workers’ Compensation
Whether an injury happens from a one-time accident, develops gradually through repetitive tasks, or stems from mental stress or exposure to substances, workers’ compensation provides essential support.
The benefits may include medical coverage, replacement of lost income, and vocational rehabilitation services. Should an employee tragically die, dependency benefits go to their spouse and children.
Minnesota Workers’ Compensation Law mandates that all employers carry workers’ compensation insurance. This coverage is a legal obligation.
Ideally, receiving workers’ compensation is a straightforward process:
- Report the accident to your employer.
- Seek medical care and document your injury.
- Your employer reports to their insurance company.
- The insurer investigates and determines eligibility.
- Receive benefits and follow medical recovery protocols.
A workplace accident lawyer in Minnesota can handle your claim, especially if your employer or their insurer attempts to deny or delay your claim.
When an Employer Fails to Insure Employees
The Commissioner of the Department of Labor and Industry (DLI) enforces mandatory workers’ compensation insurance laws. This authority can inspect records, issue subpoenas, investigate, and determine whether the company has the required insurance.
The Commissioner’s office can pursue further legal actions against uninsured employers. The consequences are serious, including fines of up to $1,000 per employee per week that they failed to provide insurance. The employer may also be ordered to cease operations until they obtain coverage.
Steps for Uninsured Employees
Imagine sustaining a serious injury while working. As you seek treatment and plan for time off, you trust your employer’s insurance will cover your medical bills and lost wages, but then you discover they did not have insurance at all.
You are hurt, uncertain, and suddenly at risk of bearing the financial burden on your own. Fortunately, there is still hope and a legal path forward.
Step 1: Get in Touch With a Workplace Accident Lawyer
A workplace accident lawyer in Minnesota specializes in helping injured workers, especially in complicated cases involving uninsured employers. This expert understands the nuances of state laws and champions your best interests.
Most attorneys work on a contingency fee basis and offer free consultations, so do not hesitate to reach out.
Step 2: Apply for Benefits With the SCF
If your employer fails to insure you, apply for benefits through Minnesota’s Special Compensation Fund (SCF) with the guidance of your work injury lawyer near Minnesota. A compensation judge will evaluate your case and verify if the employer is liable for your injuries.
The judge may order the SCF to pay all appropriate compensation and may also demand that your employer reimburse the SCF, along with a 65% penalty of the total benefits paid.
Step 3: Report to the DLI
You have the right to report the uninsured employer to the DLI. The authorities will impose penalties, ensure they obtain insurance, and restrict hiring additional staff until compliant. Your report will help hold negligent employers accountable and defend others from future harm.
Step 4: File a Civil Personal Injury Lawsuit (Alternative Option)
In addition to, or instead of, filing through the SCF, you can sue your employer directly in a civil court. Unlike workers’ compensation claims, civil lawsuits allow you to pursue the full extent of your losses.
Crucially, employers who do not carry insurance lose the right to use common defenses, such as assumption of risk or contributory negligence, unless they can prove willful negligence on your part. Employers have 10 days to respond to a department order.
Should the employer fail to contest, the decision becomes final and cannot be appealed. If contested and they lose, additional penalties may apply, especially if they hired workers during the case’s review period.
Step 5: Recover
While legal battles play out, your focus should be on recuperation. Let your lawyer take over the paperwork, represent you in hearings, and secure resources that help you heal physically and financially. These professionals will not stop until you get back on your feet.
Contact a Work Injury Lawyer Near Minnesota Now
Every worker deserves safety and protection. If you have been in an accident and learn your employer does not have workers’ compensation insurance, you are not alone, and you are not without options.
The legal team at Osterbauer Law Firm has extensive experience representing workers across Minnesota. We are ready to fight for you with compassion and dedication. Call (612) 334-3434 or reach out online to speak with a workers’ compensation attorney near St. Paul and other cities in the state. Let us pursue justice together.
