You cannot sue your employer if you have been hurt while on the job anywhere in Minnesota. If a person has been injured at work, the next best thing they can do is follow through with the workers’ compensation system.
In other words, it’s possible to process a claim concerning a workmans’ comp in Minneapolis but you can’t file a civil case against your employer. But that doesn’t mean you can’t bring a claim against a third-party (apart from your employer) that has contributed to your troubles.
This could be the owner of the building or property that is owned and maintained by another individual besides your employer.
You could also file a claim even if you aren’t an employee of the company, such as being an independent contractor. In this scenario, you will be required to prove the negligence of the other party, which can be difficult to accomplish.
What Is the Workers’ Compensation System?
Workers’ compensation is a system that provides injured employees with benefits no matter who is to be blamed for an accident that happened at work. These benefits normally include the payment for medical costs such as physical therapy, medications, doctor visits, and vocational rehabilitation.
In case the injured worker is unable to report for duty and earn a salary, they can apply for temporary or permanent total or partial disability benefits that will compensate them for lost wages. Since employees in the state of Minnesota are unable to file a case against their employer, injured workers won’t be able to bring their employers to court for compensation.
With workmans’ comp in Minneapolis, employers won’t have to defend themselves against potential personal injury claims from their workers. Such a system was designed so that a worker gives up their right to potentially sue an employer and prove that they were negligent. Instead, they will be able to collect workers’ compensation benefits outright in case they are injured at work.
What About Third-Party Claims?
As mentioned earlier, an injured employee can file a lawsuit against a third party that has contributed to their troubles. This means that, apart from their employer, it’s possible to direct a claim against another defendant who is responsible for the injuries of the victim.
There are also instances where the injured employee could sue their employer. Oftentimes, an independent contractor does not have the benefit of being covered by a workmans’ comp in Minneapolis. But when they are injured while trying to accomplish their duties at work, these contractors could sue their employers.
It’s always important to seek the guidance of an experienced workers’ compensation lawyer to know your rights concerning these circumstances.
Primary Issues That Could Hinder a Workers’ Compensation Claim
Despite seemingly straightforward, workers’ comp claims aren’t as direct as most people want them to be. One of the main reasons is that it can be difficult to show proof of certain injuries that happened while you were at work.
Meanwhile, many insurance companies will do their best to stop you from getting the full compensation you deserve. A lot of people have been denied because their case didn’t meet the legal terms involved or simply because their paperwork was confusing. Some would even find out that their workers’ compensation benefits have been fully cut off before the incident.
Another common problem is not receiving the full compensation for your troubles. This could be the out-of-pocket expenses that you incurred such as for the medication used or rehabilitation that you underwent.
Steps To Follow After Being Injured at Work
Here are the steps you need to take after you’ve been injured on the job:
Step #1: Get Medical Assistance
One of the first things you should do is to get medical assistance as soon as you have been injured at work. If it warrants it, head to the emergency room quickly.
If the injury isn’t that severe, you can ask your employer if they need you to visit a certain physician when it comes to injuries at work.
If your employer selects a specific doctor but you aren’t satisfied with their service, you can consider seeing another.
Step #2: Report Your Injuries to Your Employer
Your employer won’t know about your injuries until you let them know. Informing your employer about the injuries you sustained is important since they will be the ones responsible for filing the workers’ compensation claim on your behalf.
If you already reported the accident but didn’t know that you were already injured at that moment, you should let your employer know about it as soon as possible. It’s important to keep in mind that there are limitations to your ability to file a workman’s comp in Minneapolis. Failing to file your case on time could result in it becoming void and you being unable to receive appropriate compensations.
Additionally, you should also do a follow-up to ensure that the right compensation claim has been filed by your employer.
Step #3: Get In Touch With an Experienced Personal Injury Attorney
A lot of workplace injury victims fail to understand their rights or simply don’t know what they are in the first place. When they file their workers’ compensation claims, many of them end up being denied or reduced unfairly since the injured parties are unaware of what they are entitled to under Minnesota law.
When you work with an experienced personal injury attorney in Minneapolis, you’ll be sure that your case will be handled appropriately. These lawyers will take care of most of the paperwork and deal with the hassle of filing your workers’ compensation case.
Your employer also has their lawyers and insurance company that work for their benefit. With an experienced lawyer at your side, you can ensure that your rights are protected and you receive the compensation you deserve.
Suing an employer in the state of Minnesota isn’t possible when a person is hurt while on the job. However, they can file a workers’ compensation claim that will provide the appropriate compensation for their troubles.
Since the workers’ compensation system can be complicated, injured workers need to get help from experienced personal injury lawyers.
Osterbauer Law Firm has a team of personal injury attorneys who can help with your workmans’ comp in Minneapolis. Our lawyers have already litigated all categories of such claims and will work to the best of their abilities to succeed in your case. It’s our goal to give you the just compensation you deserve for your troubles.
If you want to learn more about what we do, give us a call at 612-334-3434 for a free consultation.