ACCIDENT CAUSED BY CO WORKER ON THE JOB – WHEN CAN YOU SUE IN MN?
When you are injured on the job, you have a workers compensation claim. In Minnesota, workers compensation will pay your medical bills and a portion of your lost wages for most injuries that occur because of your work. Workers compensation will also pay you a limited amount of compensation for any temporary or permanent disability you suffer from a work injury. However, the amount of compensation you can get from workers comp is limited, and you generally cannot sue your employer or a co-employee for more money.
But there are a few exceptions to the rule that you cannot sue your employer or a coemployee if they injure you at work. One exception is if they injury you intentionally. Another exception is if they commit gross negligence that results in your injury. Suing your employer or co-employee for gross negligence when they caused your work injury is a difficult case to prove and requires specific facts to be successful. Basically, you have to be able to prove that the co-employee took some action directed at you for a personal reason, and that the employee knew the action could injury you but just didn’t care.
Our lawyers get questions about this type of workers compensation claim fairly regularly. We will provide you with a brief free consultation regarding your situation and tell you if we think you have a case that is worth pursuing further against your co-worker or employer.