North Dakota Employer, Injury in Minnesota – What Next?
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North Dakota Employer, Injury in Minnesota – What Next?

Often workers cross state lines during their employment, such as by travelling to Minnesota although they have North Dakota employers. Minnesota workers’ compensation law has some special requirements related to North Dakota employers, and there is at least one legal decision on the question of in which state an injured employee can receive benefits.

In the 1993 case of Wood v. Fred Madsen Construction Co., an employee who lived in Minnesota received a phone call from a North Dakota employer about a potential job. The employee travelled to North Dakota for the interview and then accepted the job in North Dakota. Later, he was injured on the job and tried to get Minnesota workers’ compensation benefits. The judge said that the employee had been hired in North Dakota. (Wood v. Fred Madsen Construction Co., 512 N.W.2d 106 (Minn. 1993).) The law says that employees hired in Minnesota but temporarily working out of state can get benefits, but this employee was not hired in Minnesota. (Minn. Stat. § 176.041, subd. 3.)

In 2005, the Legislature enacted a workers’ compensation law specific to North Dakota employers. Employees of North Dakota employers can receive Minnesota workers’ compensation benefits if these requirements are met:

  • The employee is hired in North Dakota,
  • The employee is hired by a North Dakota employer,
  • The employee was injured in Minnesota, and
  • The injury arose out of temporary work in Minnesota.

(Minn. Stat. § 176.041, subd. 5b.)

“Temporary work” means work in Minnesota for 15 consecutive calendar days or less, or not more than 240 total hours worked in a year. (Minn. Stat. § 176.041, subd. 5b.) In other words, an employee hired in North Dakota, working mostly outside Minnesota for a North Dakota employer, can receive Minnesota workers’ compensation benefits for a work-related injury in Minnesota.

There are no laws relating to other states near Minnesota. If there was a question about whether employees hired in another state could receive benefits, the answer would probably follow the decision in the Wood case described above.

Need help getting workers’ compensation for your injury? Joe Osterbauer, Esq. and the Osterbauer Law Firm stand up for injured Minnesota workers’ rights. Joe’s 27 years of workers’ compensation experience and his team’s speedy service combine to get clients the results they need. To schedule a free consultation, visit Osterbauer Law Firm online or call Joe’s office at (612) 334-3434.