ST. PAUL WORK INJURY ATTORNEY
Getting injured at work is the last thing on most of our minds. We just want to go to work, do the best job we can, and go home to our families. Unfortunately, even when we are being as safe as possible, we can get injured due to someone else’s negligence. When this happens, there are usually a number of questions that arise.
WHAT TO DO AFTER A MINNESOTA WORK INJURY?
Here are some things you or your attorney can do to help right away:
- Seek medical treatment: when you have been injured at work, you should seek medical care immediately. Unfortunately, when you are injured but try to work through it without seeking medical treatment, an insurance company will use that against you to say you were not hurt. Seeking medical treatment immediately will help you get appropriate medical treatment and stop that argument from the insurer.
- Report the injury to your employer: immediate reporting of the work injury to the employer is important to efficiently move the claim forward.
CAN I SUE MY EMPLOYER FOR NEGLIGENCE?
You cannot sue your employer for negligence in Minnesota. Even if your employer violated safety protocols and required you to do an unsafe job, you will not have a civil claim against your employer for negligence. The tradeoff for this inability to sue your employer is that if you are hurt at work, even through no fault of the employer’s, you will be entitled to workers’ compensation benefits that provide coverage for medical bills, some wage loss, and other benefits.
CAN I BRING A CLAIM AGAINST SOMEONE ELSE FOR CAUSING MY WORK INJURY?
Yes. If you are injured while in the course and scope of your employment by someone who is not a co-worker, you can bring a claim against that person. Common examples of this are:
- Driving for work and hit by someone not affiliated with your job
- Slip and fall on property not owned by your employer
- Injured by a defective product that was manufactured or designed by someone other than your employer
- Delivering for a company or the postal service and attacked by a dog
If you have been injured in one of these or a similar circumstance, you may have a claim against the at-fault party and their insurance. You should contact an experienced Minnesota work injury attorney immediately to determine if you have a claim.
WHO PAYS MY MEDICAL BILLS AND WAGE LOSS AFTER A MINNESOTA WORK INJURY?
After a Minnesota work injury, Minnesota workers’ compensation benefits are primary. This means that your medical bills will be covered under the Minnesota Workers’ Compensation Act. Similarly, wage loss benefits are available depending on whether you are completely off work or working at reduced hours.
If you are in a Minnesota car accident while at work, you will also have Minnesota no-fault benefits as a secondary coverage if the workers’ compensation carrier terminates or denies benefits.
If you have a third-party claim against the person or company who injured you, there will also be bodily injury coverage available for medical bills, wage loss, and pain and suffering and other general damages.
DO I HAVE TO PAY BACK MY EMPLOYER IF I GET A RECOVERY?
If your employer or their insurer paid workers’ compensation benefits on your behalf for an injury caused by someone else’s negligence, you may have to pay back your employer. Whether you have to pay anything back depends on the type of policy you are recovering from as well as the type of settlement you are making with the insurer for the person or company who caused the injury. To make sure you are maximizing the amount you are getting back and not just what is going to the attorney or the employer, you should contact an experienced Minnesota work injury attorney who can explain a plan for maximizing that amount for you.
HOW DO ATTORNEY FEES WORK?
At Tyroler Injury Law, we work entirely on contingency fees, meaning you will not pay any fees unless we are able to recover money for you. Consultations are entirely free, and we are happy to give advice to help you in any way we can.