Suing Over a Work Injury in Minnesota
When Minnesota law lets an injured worker sue the employer, suing a third party such as a driver or equipment maker, and what to do if the employer has no workers' comp.
Short answer: An employer's workers' compensation liability is exclusive and replaces any other liability to the worker, family or others claiming damages for the injury or death. Minn. Stat. §§176.031, 176.061, subd. 5(e)
| Suing your employer | An employer's workers' compensation liability is exclusive and replaces any other liability to the worker, family or others claiming damages for the injury or death. If a private employer fails to insure or self-insure, the worker (or dependents) may choose to claim compensation or sue the employer for damages, and the employer cannot defend by blaming a co-worker, assumption of risk, or the worker's negligence unless it was willful. A co-employee is not liable unless the injury resulted from the co-employee's gross negligence or was intentionally inflicted. §176.061: https://www.revisor.mn.gov/statutes/cite/176.061 |
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| Suing someone other than your employer | When someone other than the employer is legally liable, the worker, the employer or the special compensation fund may sue that party despite the payment of benefits. From the recovery, collection costs (including attorney fees) come off first, one-third of the rest goes to the worker free of subrogation, and the employer or fund is then reimbursed for benefits paid. A settlement with the third party is not valid unless the employer gets prior notice, and the worker must serve the employer or insurer with a copy of the complaint and notice of trial. |
| If your employer has no workers' comp | If a private employer has no workers' compensation insurance or self-insurance, the injured worker still receives benefits from the Special Compensation Fund. After a hearing, the compensation judge orders the uninsured employer to repay all benefits and the fund's costs plus a penalty of 65% of all benefits, and the award is a lien on the employer's property; owners or officers who direct employees are treated as the employer. The worker may instead choose to sue the uninsured employer for damages. §176.031: https://www.revisor.mn.gov/statutes/cite/176.031 |
Where to get help in Minnesota
More Minnesota workers' compensation
- Filing a Workers' Comp Claim in Minnesota
- How Much Workers' Comp Pays in Minnesota
- Workers' Comp Settlements in Minnesota
- Retaliation for Filing Workers' Comp in Minnesota
- Appealing a Denied Workers' Comp Claim in Minnesota
- All Minnesota workers' compensation rules
FAQ
Can you sue your employer for a work injury in Minnesota?
An employer's workers' compensation liability is exclusive and replaces any other liability to the worker, family or others claiming damages for the injury or death. If a private employer fails to insure or self-insure, the worker (or dependents) may choose to claim compensation or sue the employer for damages, and the employer cannot defend by blaming a co-worker, assumption of risk, or the worker's negligence unless it was willful. A co-employee is not liable unless the injury resulted from the co-employee's gross negligence or was intentionally inflicted.
Can you sue a third party for a work injury in Minnesota?
When someone other than the employer is legally liable, the worker, the employer or the special compensation fund may sue that party despite the payment of benefits. From the recovery, collection costs (including attorney fees) come off first, one-third of the rest goes to the worker free of subrogation, and the employer or fund is then reimbursed for benefits paid. A settlement with the third party is not valid unless the employer gets prior notice, and the worker must serve the employer or insurer with a copy of the complaint and notice of trial.
What if my employer doesn't have workers' comp insurance in Minnesota?
If a private employer has no workers' compensation insurance or self-insurance, the injured worker still receives benefits from the Special Compensation Fund. After a hearing, the compensation judge orders the uninsured employer to repay all benefits and the fund's costs plus a penalty of 65% of all benefits, and the award is a lien on the employer's property; owners or officers who direct employees are treated as the employer. The worker may instead choose to sue the uninsured employer for damages.
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.