Does fault for work injury in MN matter? In other words, does it matter whether or not blame can be pointed at the employer or the worker when it comes to your work injury at work in Minnesota?
When a person gets hurt at work, sometimes employers make the worker feel like it was their fault or the injury could have been prevented had they done something differently.
Other times, a worker will say their employer should have fixed an issue or done more to prevent a work injury at work from happening.
In Minnesota, fault for work injury in MN does not matter and here is why.
Minnesota rule for fault in a work comp case
In Minnesota, the Minnesota’s Workers’ Compensation Act, specifically rule 176.021, says an employer is liable to pay compensation in EVERY CASE to a worker without regard to the question of negligence.
In other words, regardless whether the employer is at fault or the worker is to blame, fault for work injury in Mn does not matter.
Can a Minnesota business say the worker was at fault?
In a worker compensation claim, a business or employer gives up the defense in Minnesota that the employee or worker was negligent in causing the injury.
No fault for work injury in MN has problems too
Even though there isn’t fault for work injury in MN, employers and businesses are guaranteed limited liability and certainty of exposure to work injuries. This means in exchange of Minnesota not imposing fault, there are specific dollar limits or caps on the amount of damages a worker can receive to help with their injuries.
Also, a worker is prevented from receiving damages for certain issues like pain and suffering or emotional distress.
Do you need a lawyer if there is no fault for work injury in MN?
Yes, you should still consider an attorney even though Minnesota has a no fault for work injury in MN rule.
I know the following looks like a self serving statement, but really – a case for worker compensation benefits in Minnesota isn’t about fault. Instead, your case is about seeking the maximum number of benefits you can.
In Minnesota, there are four categories of work comp benefits: (1) wage loss; (2) rehabilitation; (3) disability benefits; and (4) medial benefits. Thus, you owe it to yourself to seek and receive the maximum amount because your employer will have an attorney and they will attempt to convince you that your case is worth less…much less.
What to do if your employer blames you for fault in a work comp injury?
If you are a worker and your employer starts imposing blame or stating you were the reason an injury occurred, do not despair. In Minnesota, fault for work injury in MN does not matter nor prevent you from seeking help with your case.
Even more significantly, even if you are partially or entirely to blame (which one should never assume), it still will not impact your claim or another person’s claim for work compensation benefits in Minnesota.
Thus, consider contacting this law office for help.