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The question of who is at fault in a road worker injury accident will ultimately depend on the specific facts and circumstances surrounding your case.

That said, regardless of who was at fault, if the injury was sustained while working on a road construction job, the injury victim may be entitled to compensation from their employer under Minnesota workers’ compensation laws.  

If you have sustained an on-the-job road worker injury, you may have a legal claim for relief. Contact the workers’ compensation attorneys at Arechigo & Stokka to discuss your options and see how we can help you move forward today. 

How to Determine Fault in a Construction Accident

There are many situations in which a party might be determined to be at fault in a construction accident.

For example, the at-fault party in a road worker injury accident could be another driver on the road who failed to drive safely in a construction zone.

However, it could also be an employer of the road worker who failed to provide a safe working environment for its employees.

On the other hand, it’s possible no one was at fault; construction sites are dangerous, and sometimes accidents happen even when people use reasonable care.

If you were on the job when you suffered injury in a construction accident, you do not need to prove fault to recover compensation.

To file for workers’ compensation benefits, all you need to show is that your injury occurred while you were on the job.

Workers’ compensation will pay for your medical expenses and a portion of your lost wages but will not compensate you for intangible losses like pain and suffering.

However, if a third party caused or contributed to your injury, you may be able to file a negligence lawsuit against them to recover compensation for damages workers’ comp doesn’t cover. To prove fault in a negligence claim, you must establish four elements: 

  1. Duty—that one party owed a certain standard of care based on their relationship to you;
  2. Breach—that party breached their duty by failing to meet the requisite standard of care;  
  3. Causation—the breach of duty caused your accident; and
  4. Damages—you sustained actual damages as a result of the accident.

Keep in mind that if your employer or a coworker was at fault for your injury, your only remedy is to apply for workers’ compensation benefits. In most cases, you cannot file a personal injury lawsuit against your employer, even if their negligence contributed to your accident.

What to Do After Sustaining a Road Worker Injury in Minnesota

The moments immediately following a road construction accident can feel like a blur. Here are some key steps to follow to help you protect your rights: 

  1. Seek immediate medical attention to assess your injuries and provide appropriate treatment; 
  2. After obtaining medical care, notify your employer to report the injury as soon as practicable thereafter; 
  3. Compile any documents and potential evidence related to the accident, such as photos of the accident scene, notes about your recollection of the moments leading up to the incident, and any potential eyewitnesses to the accident; 
  4. File a Minnesota workers’ compensation claim; and
  5. Consult with a Minnesota workers’ compensation attorney who can help you guide you through the rest of the process. 

To best protect yourself after sustaining a road worker injury in Minnesota, it’s imperative that you take action as soon as possible. Speak with an attorney today to discuss your rights and options moving forward. 

Speak with a Minnesota Workers’ Compensation Attorney Today

After sustaining a road worker injury, it’s important to take prompt action to preserve your rights and get the compensation you need and deserve moving forward. 

At Arechigo & Stokka, we pride ourselves on helping victims of workplace injuries recover in the face of extreme hardship. We have decades of experience and hundreds of cases under our belts, and we hope we have the opportunity to help you too. 

Contact our team to schedule your free consultation and see how we can help you fight for your rights and recovery today. 

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Author Photo Joshua R. Stokka

Josh has been representing injured workers for over 10 years. Josh was born and raised in Fargo, North Dakota, and attended the University of Minnesota-Duluth where he earned a Bachelor of Arts Degree in Criminology. Mr. Stokka alson received his law degree from the Hamline University School of Law. During law school, Josh clerked at a Minnesota law firm specializing in personal injury and workers’ compensation. Prior to practicing in the area of workers’ compensation, Josh clerked for a judge in the 7th Judicial District in Minnesota. This valuable experience gave him insight into how judges think, do their jobs behind the scene, and how to frame a case in order to obtain a favorable result.  Now, he focuses 100% of his practice on defending injured workers in Minnesota.

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