Understanding When to File Claims for Workers’ Comp or Personal Injury In Minnesota
If you have a work-related injury, you may be wondering what your options are for taking legal action and receiving compensation. Should you talk to your insurance company? Your employer? A lawyer?
It’s difficult when you aren’t sure what your options are. Workers’ compensation and personal injury claims are two separate legal concepts. Here, we explain these two common paths: workers’ compensation and personal injury claims.
Workers’ Compensation Basics
Workers’ compensation laws vary by state, and it is important for employees to understand the specific laws and regulations that apply in their state.
Who’s eligible for Worker’s Compensation: In Minnesota, people injured at or because of work can seek workers’ comp benefits. The injury must have taken place as part of performing your work or be a disease caused or exacerbated by work.
Type of compensation you can recover: Employers in Minnesota are required to buy workers’ compensation insurance or become self-insured. This insurance can compensate you for medical expenses, lost wages and vocational rehabilitation.
Workers Comp Benefits: Coverage begins almost immediately in a workers’ comp case; the insurer must start paying you within 14 days of the employer knowing about the injury. Plus, worker’s comp covers work-related injuries no matter who is at fault.
Timeframe for filing: Report a work injury to your employer within 14 days of the injury. Your employer is then responsible for beginning the workers’ comp process with the insurer.
That said, there are many circumstances in which you can report the injury later. Contact a lawyer if you’re unsure of the timeline or if your employer has not contacted the insurer.
Personal Injury Claim Basics
Personal injury claims typically involve seeking compensation for the damages that the injured party has suffered as a result of the injury. This may include compensation for medical expenses, lost wages, pain and suffering, and other damages.
Who’s eligible: In most cases, if you’ve received workers’ comp, you cannot bring a case against your employer. However, you can file a claim against third parties. For example, say a piece of machinery broke and injured you. If it broke due to a defect or faulty design, you may be able to file a claim against the manufacturer.
Types of compensation you can recover: In personal injury claims, compensation covers more than lost wages or medical expenses. It extends to pain and suffering, future medical expenses, and even the future impact on your quality of life.
Benefits: With the broader claim comes the potential for greater compensation, especially since some types of claims have no damage caps. However, you’ll need to prove in court that the third party is at fault. And because the legal process can be time-consuming, you’ll wait longer for compensation.
Timeframe for filing: Generally, you have six years from the date of the accident to file a personal injury claim in Minnesota. The sooner you file your claim, the easier it is for your attorney to uncover evidence and build a strong case.
Personal Injury or Workers’ Comp: What Step To Take Next
It is important to consult with an experienced Minnesota attorney to understand the specific laws and regulations that apply in your case and to ensure that you are taking the right steps to protect your rights and interests.
If you’re not sure which type of claim between worker’s comp and personal injury best suits your situation, talk to one of our attorneys. Consultations are free and confidential. We can listen to your situation and point you in the right direction.
Get started by calling White & Associates at 763-241-0477 or sending us a message.
