A construction accident can leave you with medical bills, missed paychecks and injuries that affect your life outside work. Minnesota workers’ compensation may cover some of those losses. But what if another person or company helped cause the accident?
In some cases, workers’ comp may apply alongside a separate legal action against another person or business. This second type of claim is called third-party liability.
Who could be responsible besides your employer?
Minnesota workers’ compensation generally does not require you to prove that your employer caused your work injury. Third-party liability is different. It depends on whether another person or business may be legally responsible.
Examples include:
- A manufacturer that supplied defective equipment
- A delivery driver employed by another company who caused an accident
- Another contractor that created a dangerous condition at the job site
Construction sites often involve several contractors and subcontractors. Whether you can bring a claim against another company may depend on Minnesota’s common-enterprise rules and how closely that company was working with your employer.
How can a third-party recovery affect workers’ comp?
Workers’ compensation can pay for medical care and part of your lost wages. A third-party claim may allow recovery for losses workers’ comp does not cover, including pain and suffering.
However, the two claims can affect each other. Your company or its workers’ comp insurer may have a right to repayment from part of the money you recover in the third-party claim. When you pursue compensation from a third party, Minnesota law requires notice before settlement. If you file a lawsuit, you must also serve your company or its insurer with a copy of the complaint.
Because several companies may work on one construction project, it can help to identify who employed the people involved. It may also matter who supplied or controlled the equipment.
Understanding which claim options apply
After a serious construction injury, you may be relying on workers’ comp to cover medical care and replace part of your lost income. If another business also played a role in the accident, it is important to understand whether additional compensation may be available and how it could affect the benefits you already receive. Legal guidance can help you sort out those issues and understand which options may apply to your situation.
