Construction Site Injuries in Minnesota
Whether an injured construction worker in Minnesota can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: Minnesota's workers' compensation law sets the general rule for construction injuries. An insured employer's liability for workers' compensation is exclusive and replaces any other liability to the worker or family. Minn. Stat. §§176.031, 176.061
| Construction site injuries | Minnesota's workers' compensation law sets the general rule for construction injuries. An insured employer's liability for workers' compensation is exclusive and replaces any other liability to the worker or family. The worker may also pursue a third party (someone other than the employer) whose fault caused the injury, subject to the employer's reimbursement rights; a co-employee is liable only for gross negligence or an intentional injury. §176.061: https://www.revisor.mn.gov/statutes/cite/176.061 . No search for a scaffold-type statute was done; no absence claim is made. Source: Minn. Stat. §§176.031, 176.061 |
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| Fault rule (comparative negligence) | Modified comparative fault (51% bar). The injured person's own fault does not bar recovery if it was not greater than the fault of the person being sued, but damages are reduced in proportion to the injured person's share of fault. The doctrine of last clear chance is abolished. |
| Deadline to sue for an injury | Generally six years for injury to the person not arising on contract (which covers negligence claims). Two years for libel, slander, assault, battery, false imprisonment or "other tort resulting in personal injury." Four years for strict product liability claims. Two-year rule: https://www.revisor.mn.gov/statutes/cite/541.07 . Which personal injury claims fall under the two-year clause ("other tort resulting in personal injury") versus the six-year clause has been decided by Minnesota courts; check the deadline for a specific claim. |
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FAQ
Can you sue for a construction accident in Minnesota?
Minnesota's workers' compensation law sets the general rule for construction injuries. An insured employer's liability for workers' compensation is exclusive and replaces any other liability to the worker or family. The worker may also pursue a third party (someone other than the employer) whose fault caused the injury, subject to the employer's reimbursement rights; a co-employee is liable only for gross negligence or an intentional injury.
Can you recover damages if you were partly at fault in Minnesota?
Modified comparative fault (51% bar). The injured person's own fault does not bar recovery if it was not greater than the fault of the person being sued, but damages are reduced in proportion to the injured person's share of fault. The doctrine of last clear chance is abolished.
What is the statute of limitations for personal injury in Minnesota?
Generally six years for injury to the person not arising on contract (which covers negligence claims). Two years for libel, slander, assault, battery, false imprisonment or "other tort resulting in personal injury." Four years for strict product liability claims.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.