Workers’ Compensation Attorneys Serving Employees Injured by Workplace Negligence in St. Paul, Minnesota
Workplace accidents happen in Minnesota for many different reasons.
In some cases, another party’s negligence causes the accident and injury to occur.
But workers in Minnesota may be surprised to learn that there are not many situations in which you can sue an employer for negligence at the workplace that results in an injury.
Instead, workplace negligence most frequently results in a workers’ compensation claim.
Under the Minnesota Workers’ Compensation Law, employers are required to buy workers’ compensation insurance in the event of an accident and resulting injuries.
The workers’ compensation system is a “no-fault” system in which neither the negligence of the employer nor the employee is taken into account when determining whether the employee is eligible to receive benefits.
However, there are some cases in which an injured worker may be able to file a lawsuit.
We want to provide you with more information about workplace negligence and workers’ compensation, as well as details about scenarios in which a civil lawsuit may be appropriate.
Can I File a Claim If I Get Hurt Because of Negligence at Work?
Generally speaking, most workplace injuries do not allow an injured worker to file a lawsuit to seek compensation for his or her injuries.
Instead, that worker is protected by the Minnesota Workers’ Compensation Law and can file a claim for benefits.
As we stated above, workers’ compensation law is not fault-based.
This helps both employers and employees and allows employees to obtain compensation when they have an eligible illness or injury.
In other words, the employer’s fault or negligence does not come into play in a workers’ compensation claim, and likewise, an employee’s fault does not affect his or her eligibility for workers’ compensation benefits.
Indeed, even if an employee is negligent and causes his or her own injury, that negligence does not impact whether the employee is eligible for workers’ comp benefits.
Similarly, an employer’s negligence is not a requirement for an employee to receive workers’ compensation benefits.
What Does Employer Negligence at Work Look Like?
Workplace negligence frequently arises in the context of workers’ compensation cases.
Workplace negligence occurs when a person or entity fails to act reasonably, given the circumstances.
Employer negligence may include actions or omissions by employers that result in property damage, theft, loss, illness, injury, or wrongful death.
Examples of workplace negligence include the following:
- Failure to maintain a safe work site,
- Refusal to provide proper medical equipment,
- Failure to resolve hostile work situations or grievances,
- Lack of adequate training, or
- Failure to reasonably control or monitor the actions of employees.
If your employer’s negligence caused you losses, you might qualify for a workers’ compensation claim. Our Minnesota employer negligence lawyers can review the facts of your case and determine if your employer may be liable for your damages.
When Can I Sue for Damages From a Workplace Injury?
Even though the workers’ compensation is typically how an employee seeks compensation when she or he gets hurt because of negligence at work, there are three types of situations in which an employee still may be eligible to file a civil lawsuit:
- Another employee’s gross negligence caused your injury;
- Another employee’s intentional act (to harm) caused your injury; and/or
- A third party, such as another automobile driver unaffiliated with your employer, caused your injury.
If you have questions about filing a lawsuit for your workplace injury, contact our Minnesota employment lawyers at Arechigo & Stokka today.
WORKERS’ COMPENSATION USUALLY IS THE EXCLUSIVE REMEDY FOR WORKPLACE NEGLIGENCE
Most often, workers’ compensation is an exclusive remedy.
However, there are situations in which an employer can be held civilly liable.
For example, if you are the victim of assault and battery at work, that harm can give rise to a civil suit. In addition, gross negligence can also give rise to a civil claim.
Yet it is important to keep in mind that gross negligence can be difficult to prove.
Typically, an employer’s failure to follow basic safety guidelines will not rise to the level of gross negligence.
More frequently, civil lawsuits arise when a third party is responsible for an employee’s injuries.
Examples of workplace negligence that may result in a lawsuit include but are not limited to:
- Employee injured in a car accident by a third-party driver while transporting materials for work;
- You got hurt on property owned or maintained by someone other than your employer (for example, if you are a delivery driver and slipped and fell on a broken step); and
- You were injured by a defective product, allowing you to file a claim against the designer, manufacturer, and/or marketer of the product.
According to the Occupational Safety and Health Administration (OSHA), more than 5,000 workers sustain fatal injuries on the job each year while thousands more suffer injuries.
Car accidents and construction accident injuries are the most common sources of serious and fatal workplace injuries. In the construction industry, falls are most frequently to blame for severe harm.
How Can Arechigo & Stokka Minnesota Employer Negligence Lawyers Assist with My Case?
Dealing with the aftermath of a workplace injury can place a great deal of stress on you and your family.
You may be coping with a devastating injury in addition to having to manage a complex and frustrating workers’ compensation claim.
At Arechigo & Stokka, our skilled employment discrimination lawyers in MN can guide you every step of the way. Examples of ways we can help you include the following:
- Calculating the value of your losses as a result of your workplace accident,
- Collecting evidence that demonstrates your employer’s negligence,
- Preparing a strategy to present your legal claim,
- Contacting potential eyewitnesses who can verify your claims, and
- Negotiating with the opposing party to reach a favorable settlement agreement.
When you hire an experienced employer negligence attorney, you can dedicate time to healing from your injuries while we handle the details of y
Contact a Minnesota Employer Negligence Lawyer About Filing a Claim
If you were injured at work and need assistance with a workers’ compensation claim or filing a civil lawsuit, an experienced and compassionate Minnesota workplace negligence lawyer at our firm can assist with your case.
Most often, injured workers will seek compensation by filing a workers’ compensation claim, but you may be eligible to file a civil lawsuit depending upon the specific facts of your case.
Contact us online for more information about how the Minnesota workplace negligence lawyers at Arechigo & Stokka can assist you or give us a call at 651-321-9655.