EMPLOYEE CANNOT SUE EMPLOYER AFTER BEING INJURED ON THE JOB – WORKERS COMPENSATION ONLY
When an employee suffers a personal injury or death while working, the employer’ workers compensation will compensate the employee or their family. Coverage for an on the job accident comes without regard to the question of negligence. In other words, regardless of whose fault the injury was. Since 1913, the workers compensation system is designed as a no-fault recovery system for employee work-related injuries.
Of course, there are still some workers compensation disputes. For example, the employer may dispute that the employee was injured on the job. Also, they sometimes argue that the injury is not real or serious. These issues are resolved in a special workers compensation court. However, the only issues that can be decided are whether the employee is injured, whether the employee’s injury is related to the job and whether the treatment is reasonable and necessary. There is no need for the employee to prove that the employer was at fault. There are workers compensation lawyers in MN that specialize in these types of cases.
WORK INJURY COMPENSATION TRADE OFF
However, there is a trade-off that the employees have to make because of the MN workers compensation system. The part of the system that is good for the employee is that the employee doesn’t have to prove the employer was at fault. The employee gets workers compensation even if the accident or injury is their own fault.
The trade-off that is good for the employer, is that the employee’s workers compensation benefits are limited. The employee cannot sue the employer (or a co-employee) for pain and suffering. Compensation is limited even if the accident or injury is completely the employer’s fault. This is called the exclusivity or exclusive remedy provision. Even if the workers compensation insurance company denies a claim, the employee still can’t sue the employer for an on-the-job accident injury.
SUING A CO-WORKER
There are three requirements for the exclusivity provision of workers compensation to apply. First, the injury must arise out of the employment. Second it must be in the course or the employment. Third, it must not be caused by an intentional, directed assault. (Intentional assault is more than just inadvertent reaction e.g. quick hit, for poor performance.)
There are a few exceptions to the workers’ compensation exclusive remedy provision. For example, you can sue a co-employee for gross negligence or intentional conduct. However, successfully proving gross negligence is very difficult and rare. Our attorneys have handled several of these cases. We have successfully sued the employer or co-employee because of gross negligence even where our client received workers compensation. However, the facts in those cases are extreme. There is a big difference between negligence and gross negligence. Gross negligence means the incident was almost intentional.
JOB INJURY CLAIM AGAINST THIRD PARTY
There is another way to get additional compensation for a work accident. While an injured employee may not be able to sue the employer or co-employee for causing an accident, the employee may be able to sue a third party. We frequently represent employees when another driver causes a car accident and injures an employee while working. Our lawyers often represent delivery people or a mail carrier. Also, an injured employee can sue the manufacturer of a defective product. If a different employer at the job site causes an accident there can sometimes be a claim against that employer. Our injury lawyers have handled many of these type of MN cases.
The laws and insurance issues can be somewhat complex after a worker suffers a workplace or on the job injury. If you are injured on the job and would like to discuss your rights, you are welcome to call and speak with a personal injury lawyer at our office. The initial consultation is free. We will listen to you and ask you questions about your situation so we can advise you of your rights. Further, we never charge anything unless you receive compensation.