Minnesota Lawyers For Injured Workers

Workers We Represent

There are no limits to the types of workplaces where accidents can occur, injuries can be suffered, and occupational diseases can be contracted. While it is true that certain lines of work come with more risks than others, even the safest workplace is not immune from unpredictable accidents. The bottom line is that, if an injury was suffered in the workplace, the injured worker is eligible for workers’ compensation. At Midwest Disability, LLC, the list of Minnesota workers who our Minneapolis-area work injury lawyers represent includes:

• Airline and airport workers
• Construction industry workers
• Factory workers and machine operators
• Meat and food packing industry workers
• Truck drivers
• Police officers
• Health care workers
• Office workers
• Laid-off employees
• Union employees

‘Can I Sue My Employer For a Workplace Injury?’ – Ask An Attorney.

The answer to the question, “Can I sue my employer?” is usually yes after a workplace injury. We always sue the employer and the insurance company involved. However, you should consult with a lawyer about workers’ compensation and other solutions. Our attorneys bring years of combined experience to these cases. We have the knowledge and skill to handle the unique issues that arise for union employees who need to file workers’ compensation claims.

Our lawyers help injured Minnesota workers as well as laid-off employees who were injured while working. By filing and appealing workers’ compensation claims, tapping into insurance and/or suing your employer, our goal is for you to get the benefits and compensation you are entitled to after a work-related injury.

Suing Your Employer: What to Expect

In Minnesota, the workers’ compensation system is a no-fault remedy for employees injured on the job. This means employees usually cannot sue their employers for workplace injuries. Instead, they may seek benefits through the workers’ compensation system. This system covers medical expenses, rehabilitation costs and a portion of lost wages. There are a few exceptions for suing your employer. The specific  circumstances for suing an employer outside of the workers’ compensation system may include:

• Intentional injury: If your employer intentionally causes you harm at work, you might have grounds to file a lawsuit. Workers’ compensation typically covers only accidents and not intentional acts.
• Third-party claims: Sometimes, an employee may be able to sue a third party who is responsible for their injury. For example, if a defective piece of equipment is the cause of an injury, the employee might have a claim against the manufacturer of that equipment.
• Non-compliance with workers’ compensation insurance: If an employer does not have workers’ compensation insurance as required by law, an injured employee might be able to sue the employer directly for damages.
• Retaliation or discrimination: If an employer retaliates against an employee for filing a workers’ compensation claim, the employee might have grounds to sue the employer for retaliation or discrimination.

Are you considering legal action against your employer? Cases in which employees are suing their employer are complex. The first step is consult with an attorney who has experience in workers’ compensation or employment law. They will help you understand your rights and the best course of action. At Midwest Disability, LLC., our firm’s one focus is helping workers with injuries get the legal help they need.

The Legal Process For Filing A Lawsuit Against Your Employer

Filing a lawsuit against an employer for a workplace injury is not the standard course of action due to the protections and remedies provided by the workers’ compensation system.

Your first step is to consult with a Minnesota workers’ compensation attorney. They will assess whether your situation qualifies for a lawsuit outside the traditional workers’ compensation claims process. If your circumstances qualify, your attorney will help you draft and file a complaint with the Minnesota district court, outlining the details of your case and the relief you seek.

After filing the lawsuit, your attorney will conduct pre-trial activities. This includes discovery, where both parties exchange information related to the case. This phase may also involve motions, depositions and possibly mediation or settlement discussions.

If the case does not settle, it may proceed to trial. After the presentation of evidence, a judge or jury makes a decision regarding liability and damages. Throughout this process, our legal team at Midwest Disability, LLC., will assist you and protect your employee rights.

Frequently Asked Questions About Workplace Injury Cases

Here are common questions our clients ask about their injury claims and legal options.:

What is the difference between workers’ compensation and a personal injury lawsuit?

Workers’ compensation is an insurance system that provides benefits regardless of who was at fault for your workplace injury. These benefits typically cover medical expenses and a portion of lost wages. In contrast, a personal injury lawsuit requires proving that your employer’s negligence or intentional actions caused your injury. While workers’ compensation limits the types of compensation you can receive, a lawsuit may allow you to recover additional damages like pain and suffering, emotional distress and punitive damages in cases of extreme negligence.

How long do I have to file a workplace injury claim in Minnesota?

In Minnesota, you generally have three years from the date of injury to file a workers’ compensation claim. However, you should report any workplace injury to your employer as soon as possible – ideally within 14 days. Waiting to report could jeopardize your right to benefits. For occupational diseases or injuries that develop over time, the timeline may begin when you first become aware of the condition and its connection to your work.

What should I do if my workers’ compensation claim is denied?

If your workers’ compensation claim is denied, you can appeal the decision. Common reasons for denial include missed deadlines, disputes about whether the injury was work-related or insufficient medical documentation. Our attorneys will review why your claim was denied and guide you through the appeals process. This often involves gathering additional evidence, filing necessary paperwork and representing you at hearings. Many initially denied claims succeed with proper legal representation.

What compensation can I receive for a workplace injury?

The compensation available depends on your specific situation and the legal approach taken. Through workers’ compensation, you may receive payment for medical expenses, lost wages, permanent disability benefits and vocational rehabilitation services. If a lawsuit is appropriate, additional compensation may include pain and suffering, emotional distress, loss of future earning capacity and punitive damages in cases of extreme employer negligence.

Help For Policyholders

Do you have a policy that you purchased through your employer or privately? Regardless of where you work, if you are unable to do your job for a substantial period of time because of a medical condition, you may be eligible for benefits. Our lawyers will help you make certain you get all the benefits you are entitled to.

No matter where you work and what workplace injuries you have suffered, we can help. To schedule a free consultation with one of our experienced lawyers, contact us online or call our offices directly at 888-387-4135.