When you get hurt at work in Minnesota, workers’ compensation usually covers your medical bills and a portion of your lost wages. In most cases, you cannot sue your employer for these injuries. However, what happens if someone else caused your workplace injury? Can you file a lawsuit against them while also getting workers’ comp benefits? The answer depends on who caused your injury and their relationship to your employer.
What Does Workers’ Compensation Usually Cover?
Workers’ compensation provides several types of benefits when you get injured on the job. After you report your injury to your employer and they file the required paperwork with their insurance company, you may receive:
- Medical treatment: This covers doctor visits, surgery, physical therapy, and other healthcare you need to recover from your work injury.
- Lost wages: You typically receive about two-thirds of your regular pay while you cannot work.
- Rehabilitation services: These help you prepare to return to work if you need additional training or support.
Workers’ compensation offers these benefits regardless of who was at fault for the injury. However, you usually cannot sue your employer or coworkers for additional money beyond what workers’ comp provides.
When Can You File a Lawsuit Against a Third Party?
Sometimes, a person or company that doesn’t work for your employer causes a workplace injury. These “third parties” might include:
- Delivery drivers who hit you while you’re working
- Manufacturers of defective equipment
- Contractors working at the same job site
- Property owners who fail to maintain safe conditions
If a third party is responsible for your injury, you may be able to file a personal injury lawsuit against them. This lawsuit is separate from your workers’ compensation claim and may allow you to recover more money than workers’ comp alone provides.
Can You Pursue Both at the Same Time?
Whether you can pursue both a lawsuit and workers’ comp benefits depends on the third party’s relationship with your employer.
- If the third party works closely with your employer: Minnesota law uses the term “common enterprise” to describe situations where the third party and your employer work together toward the same goals. In these cases, you must choose either workers’ compensation or a lawsuit. You cannot pursue both.
- If the third party is truly independent: When the third party has no working relationship with your employer, you can file for workers’ comp benefits and file a lawsuit at the same time. This gives you the chance to receive compensation from both sources.
What Happens to Your Money if You Win Both?
If you receive both workers’ comp benefits and win money from a third-party lawsuit, Minnesota has specific rules about how the money gets divided.
First, Minnesota law reduces your share of the money from your personal injury claim based on your level of fault. If you were more than 50 percent at fault for the injury, you cannot recover anything from the third party. If you were 50 percent or less at fault, your award gets reduced by your percentage of fault.
After subtracting lawyer fees and certain expenses, you receive at least one-third of the remaining amount. Your employer’s workers’ comp insurance company may also receive reimbursement for benefits they already paid you. They calculate this reimbursement using a specific formula. Any money left over after these deductions goes to you.
Moving Forward After a Workplace Injury
Getting injured at work creates many questions about your legal options. If a third party contributed to your injury, pursuing both workers’ compensation and a lawsuit might help you receive fair compensation for your medical bills, lost wages, and even pain and suffering. When you know Minnesota’s rules about third-party claims, you can make informed decisions about your case.
At Meyer, Puklich, & Merriam, P.L.C., our attorneys have over 100 years of combined experience in handling workers’ compensation and personal injury cases. We can explain your options and help you determine the best path forward. Contact our law firm today for a free consultation to discuss your situation.