Have you been injured at work? The experience can be overwhelming, and the stress piles on more when you’re not sure about how you can recover compensation.
In Minnesota, there are two legal paths for seeking compensation following an injury at work. You can either file a workers’ compensation claim or a personal injury claim.
Both are civil claims and aim to get you compensated for your injuries, out-of-pocket expenses, and lost wages. However, they’re two different approaches, and knowing which one applies to you is the first step to a successful claim.
So, which is better for you? Read on to learn more.
Here’s our guide to workers’ compensation, personal injury, and which one might be your path to compensation in Minnesota.
What is Workers’ Compensation?
Workers’ compensation is a specific type of insurance designed to protect employees injured on the job. In Minnesota, most employers are required to carry this insurance, which provides medical benefits and partial wage replacement for work-related injuries, regardless of who was at fault.
The No-Fault Rule
The key characteristic of workers’ compensation is its no-fault system.
This means you can receive benefits without having to prove your employer was negligent. Whether the injury resulted from a simple accident or your own mistake, you’re typically covered. This system provides quick medical treatment and financial support, helping you focus on recovery.
Benefits and Coverage: Medical Costs and a Percentage of Lost Wages
Work injury compensation in Minnesota comes with limitations. The benefits are predetermined and often don’t fully cover all your expenses. You’re generally limited to medical treatment costs and a portion of your lost wages.
More importantly, you typically cannot sue your employer for additional damages beyond these benefits. So, if you suffered from any psychological or emotional trauma following the accident at work, you’ll be unable to pursue pain and suffering damages.
What are Personal Injury Claims?
Personal injury claims operate differently. These legal actions arise when someone’s negligence causes your injury, and they’re not limited to workplace scenarios.
Hence, when you think of car accidents, slip and fall incidents, and medical malpractice, these cases all fall under personal injury law.
The Difference: Fault and Negligence
Unlike workers’ compensation, personal injury claims and lawsuits require proving another party’s fault. You must demonstrate that someone else’s negligence directly caused your injury.
You can do this with sufficient evidence and the representation and guidance of an experienced personal injury lawyer.
More Comprehensive Benefits Than Workers’ Comp Claims
In the case of personal injury claims, you should prove that your employer or another party is responsible for your accident. By doing so, you’ll be able to recover more compensation compared to that of a workers’ compensation claim.
Unlike a workers’ comp settlement, a successful personal injury claim entitles you to full lost wages, medical expenses, pain and suffering, and potential punitive damages.
When Each Approach Applies
So, should you consult a workers’ compensation lawyer in Minneapolis? Or would personal injury lawyers in Minnesota be a better choice?
It depends on your specific circumstances.
Workplace injuries typically follow workers’ compensation rules. More specifically, your injuries should be the result of work-related tasks and occur within your regular working hours.
However, there are exceptions.
If your injury was caused by a third party like a defective machine manufactured by another company, you might have grounds for both a workers’ compensation claims and a personal injury lawsuit.
How an Attorney Can Help
Whichever claim you’re planning to pursue, you can’t act alone. You’ll need the expert guidance and representation of experienced workers’ comp and personal injury lawyers in Minnesota.
Determining What Type of Claim to Pursue
An experienced attorney can help you understand which approach best serves your interests. A lawyer can identify nuanced opportunities you might overlook, such as third-party liability or potential additional claims.
Handling the Legal Process for You
A lawyer can also help gather critical evidence, negotiate with insurance companies, and ensure you receive fair compensation. With an attorney by your side, you’ll have an advocate and partner who understands the intricate details of Minnesota’s workers’ compensation and personal injury laws, which can change and vary depending on specific circumstances.
Have You Been Injured at Work or Elsewhere? Contact Us Today
Whether you should pursue a workers’ compensation or personal injury claim isn’t always straightforward. To determine which legal path to take, you’ll need an attorney who understands Minnesota’s intricate workers’ comp and personal injury laws.
At Osterbauer Law, we’ve represented clients in both workers’ comp and personal injury claims and have won settlements on their behalf.
Have you been injured? We’re just a call away.
Contact our law firm today to schedule a consultation and start your comeback journey.