If you sustained injuries on a construction site in Minnesota, do not assume workers’ compensation is your only option. You have multiple avenues for recovering damages. While workers’ comp provides essential benefits regardless of fault, it does not always fully compensate you for your losses.
Third-party claims vs. workers’ compensation
Workers’ compensation usually covers your medical bills and some of your lost wages. However, it does not pay you for pain and suffering or punitive damages. Under Minnesota’s workers’ comp system, you cannot sue your direct employer for negligence.
But what if someone other than your employer caused your injury? In that case, you may be able to file a third-party lawsuit. Third-party claims let you seek full compensation. This includes both economic and non-economic damages that workers’ compensation doesn’t cover. These claims are separate from your workers’ comp case. They can greatly increase the total amount you recover.
Common third parties
Several parties beyond your employer might be liable for your construction site injury. Here are some examples of common liable third parties:
- Subcontractors: They can become liable if they perform unsafe work that causes your injury, even if you do not work directly for them.
- Property owners: Some owners maintain unsafe conditions or fail to warn workers of known hazards on their premises.
- Equipment manufacturers: Rarely, even manufacturers may face product liability claims if defective machinery, tools or safety equipment caused your accident.
Under Minn. Stat. § 176.061, you can generally pursue both workers’ compensation and a third-party claim. However, the election of remedies doctrine may apply if the third party and your employer are in a ‘common enterprise” on the construction site. This may require you to choose between workers’ compensation benefits or a third-party lawsuit.
Types of recoverable damages
Through a third-party claim, you can pursue compensation for multiple types of damages, such as
- Full lost wages and reduced earning capacity
- All medical expenses, including future treatment
- Loss of enjoyment of life
- Permanent disability or disfigurement
Succeeding in recovering damages means defending your claim. You will need to demonstrate that the defendant owed you a duty of care, breached that duty and directly caused your injuries.
You may need experienced legal guidance to navigate Minnesota courts successfully. If you’ve been injured on a construction site, do not settle for less than you deserve. A qualified construction accident lawyer in Roseville, MN can investigate your case and fight for maximum compensation.