If you have been injured in the workplace, there’s a good chance that you’ll be eligible to receive workers’ compensation. This covers your medical bills, physical therapy, lost wages, and more. You may be wondering if you have to submit a claim through the workers’ compensation board in Minnesota or if you can directly sue your employer.
Insurance to provide compensation
When you get an injury as a result of a work task, whether it’s on the premises of the company or elsewhere, you submit a workers’ comp claim. Your employer should have this insurance set up for the benefit of their employees. This insurance also protects your employer from getting legal recourse after the injured employee submits a personal injury claim.
The system was created to allow employees to have still the means to seek a financial award for their pain and suffering, with the understanding that they would have to give up their right to sue their employers. Even though this is the case, there are exceptions.
If you reasonably believe that your employer caused intentional harm to you in the workplace that leads to a physical injury, you can take them to civil court and sue for an intentional tort. This also applies to instances of non-physical injury that causes you emotional distress. These torts include false imprisonment, fraud, trespass, invasion of privacy, and assault.
Lack of insurance or refusal to provide workers’ compensation benefits
You need to submit your workers’ comp claim before you attempt to sue your employer. If they don’t have this insurance or say they won’t grant you benefits of the insurance, you would be in your legal right to sue them in court. You might need to file an appeal to your state’s Workers’ Compensation Board in between these steps.
While it is possible to sue your employer after you become injured at work or making work-related duties outside of the workplace, attempt to submit a workers’ compensation claim first. Of course, if circumstances lead you to believe that your employer conducted harmful actions on purpose, you might have a right to sue them. You should research and know your rights for workers’ compensation before you do anything.