DO I QUALIFY FOR WORKERS COMP AFTER WORK INJURY – ATTORNEYS MN
The purpose of workers compensation insurance is to help employees who have been injured on the job. There are two distinct requirements for an injury to qualify for workers compensation coverage in Minnesota – the “arising out of” requirement and the “in the course of requirement”; the arising out of requirement implies a causal connection, and the in the course of requirement refers to the time, place and circumstances of the incident causing the injury.
The employee bears the burden of proof on both of these requirements. A workers compensation lawyer will help you prove your case and entitlement to benefits.
A causal connection — not necessarily in the proximate cause sense — must exist between the injury and the employment before the injury is treated as compensable under the MN workers comp act. The causal connection will exist where the injury arises as a natural incident of the work and should have been contemplated by a reasonable person as a result of the exposure occasioned by the nature of the employment. This includes where the employee is exposed to a different or greater risk than if he had been pursuing his ordinary personal affairs, e.g. being attacked in high crime area or teacher being hit with bat on the playground. The arising out of requirement can be satisfied even when the workplace condition connected to the injury is not obviously hazardous, e.g. where the employee was injured while walking down the stairs at work because lack of a handrail increased employee’s exposure to injury beyond what the employee would face in her everyday non-work life.
However, the law in Minnesota does not make the employer an insurer against all accidents that might befall an employee in his employment; the law requires more to satisfy the arising out of requirement for workers comp than simply an injury occurring at work. The employee must be exposed to a condition that placed her at an increased risk of injury beyond what she would experience in her non-work life. e.g. falling on the job only because of employee’s own choice to wear high heels is not covered. However, this may leave the employer open to a claim for negligence liability.
To satisfy the “in the course of employment” requirement for a workers comp claim in MN, (1) an employ’s injury must occur within the time and space boundaries of employment. When an injury occurs off the business premises or outside of regular business hours, the employee is still entitled to compensation if the employee was being of service to the employer at the time of the injury. Where the employee suffers a medical emergency at work and co-employees negligence make it worse, or employment conditions make it worse, it arises out of his employment and is covered by the Act.
If you are injured on the job and have a question about whether your injury is covered by workers compensation, please call our office for a free consultation with a lawyer. Our MN personal injury lawyers represent people injured in a work accident in their claim against a third party, e.g. a postal worker bit by a dog, a machine worker injured by defective equipment, being injured by another driver while driving for work, etc. If your question is only about workers comp benefits from your employer, we will answer your basic questions and then refer you to a workers compensation lawyer we frequently refer cases to. The initial consultation is free, and we never charge anything unless we recover compensation for you.