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Workers’ Compensation for Construction Workers in Minnesota: Unique Challenges and Legal Rights

According to the United States Federal Reserve, the construction industry in Minnesota achieved a record high of 140.2 thousand employees in January 2025. In March 2025, the number decreased to 139.8 thousand, but still reflects a thriving sector.

With this robustness comes a heightened need to protect construction workers’ health, safety, and financial security through workers’ compensation. However, navigating it is not always simple.

There are unique challenges for employees in the construction industry. Understanding these complexities is essential for seeking to defend legal rights.

Workers’ Compensation in the Construction Industry

The construction industry encompasses building, repairing, and renovating residential, commercial, and infrastructure projects. Here are the primary reasons workers’ compensation is indispensable for employees.

Legal Requirement

The law across the United States mandates that employers maintain workers’ compensation insurance. This legal obligation is not optional.

Protection After Construction Site Injuries

Construction site injuries are common. Workers’ compensation provides financial protection in these circumstances, offering the following:

  • Wage-Loss Benefits: If an injury prevents a worker from returning to work, wage-loss benefits replace a portion of lost income during recovery.
  • Medical Benefits: Workers’ compensation covers necessary medical treatments, including hospital visits, surgeries, therapy, and medications.
  • Vocational Rehabilitation Benefits: When an injury impairs an employee’s ability to return to their previous position, vocational rehabilitation brings retraining or education for new job opportunities.

Stability for Employers

An uninsured injury exposes a construction business to significant liabilities. By securing appropriate coverage, employers protect their interests and fulfill their responsibility to care for their employees’ well-being.

Unique Challenges for Construction Workers

If workers’ compensation is advantageous in many ways, why do construction workers have challenges that employees from other sectors might not?

The High-Risk Nature

Construction is inherently a high-risk job. Employees face daily exposure to dangerous environments, making the following construction site injuries common:

  • Repetitive Motion Injuries: Tasks such as hammering, lifting, or operating machinery may lead to chronic injuries.
  • Overexertion Injuries: Heavy lifting and strenuous activities cause strains, sprains, and musculoskeletal disorders.
  • Machinery Accidents: Defective or improperly used or maintained equipment can result in catastrophic damage.
  • Transportation Accidents: Employees operating vehicles are at risk of collisions and related injuries.
  • Slips, Trips, and Same-Level Falls: Uneven surfaces, debris, and weather conditions contribute to mishaps.
  • Falls to a Lower Level: Falls from ladders, scaffolding, or roofs result in serious injuries or fatalities.
  • Workers Hitting Objects: Mishaps involving an employee colliding with stationary or moving objects are possible.
  • Objects Hitting Workers: Falling tools, equipment, or materials pose constant threats.

Exemptions for Workers’ Compensation

While workers’ compensation coverage is widespread, it does not automatically apply to everyone within the construction industry. Certain categories of workers may be exempt.

  • Casual Employees: Workers hired for very short-term or irregular employment might not qualify for benefits.
  • Family Members: In some cases, family members working for a construction business may not be covered.
  • Independent Contractors: Contractors typically operate as separate businesses and are not eligible for an employer’s workers’ compensation coverage.
  • Sole Proprietors and Business Partners: Unless these individuals elect to purchase coverage for themselves, they will not have access to benefits.
  • Volunteers: Persons working without monetary compensation generally fall outside the scope of workers’ compensation protections.

Fight for Your Legal Rights With a Work Injury Lawyer Near Minnesota

Do the above hurdles mean that being a construction worker is hopeless when securing workers’ compensation? No. The process can be complex and intimidating, but a work injury lawyer near Minnesota knows what injured workers need to pursue their claims.

Evaluating Your Case

An attorney will analyze whether your injury qualifies under Minnesota’s workers’ compensation laws and assess the strength of your claim. This evaluation will advise you on your legal options, potential outcomes, and next steps.

Assisting With Documentation

A work injury lawyer near Minnesota ensures you collect, organize, and submit necessary documents accurately and on time. They gather evidence and even help obtain independent medical examinations if needed.

Handling Appeals

When a claim is denied due to a lack of evidence, missed deadlines, or disputes, an attorney will handle the appeals process. They file appeals with the appropriate state agency, prepare legal arguments, submit additional evidence, and represent you at hearings.

Negotiating Settlements

A skilled workers’ compensation lawyer in St. Paul or other Minnesota areas will calculate the full value of your claim and talk with insurance companies or employers. Count on them to identify when offers are insufficient and push for improved terms.

Providing Litigation Support

Litigation may become necessary if you cannot reach a fair settlement or complex legal disputes arise. Your attorney prepares legal filings, presents evidence, cross-examines witnesses, makes persuasive legal arguments, and addresses procedural issues.

Find Your Workers’ Compensation Lawyer in St. Paul and Other Minnesota Areas Today

At Osterbauer Law Firm, we work with injured clients throughout the Twin Cities Metro and Greater Minnesota and journey through the workers’ compensation system. If you need a workers’ compensation lawyer in St. Paul or other areas, our team is always ready to step up.

Trust us to advocate for your financial security and recover what you’re owed. Call Osterbauer Law Firm at (612) 334-3434 or contact us online to schedule your consultation.

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