What if I was at fault for my work related injury?
Hopkins, MN personal injury attorney Joshua Laabs talks about whether or not someone is eligible for workers’ compensation if the injury was their own fault.
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Phone: (952) 473-4530
Work injuries in Minnesota are really regardless of fault. It’s set up to be a kind of no-fault system. So there’s an advantage to that and a disadvantage to that. One is an advantage is if you’re at fault, meaning if you were foolish or if you were being careless and you caused your own work injury, that’s not a bar to workers’ compensation benefits. You’re still eligible for workers’ compensation benefits, even if you, your negligence, caused your accident. But the other side of the coin is that if you have a coworker, a co-employee, or supervisor, or any other agent or person that works for your employer and their negligence caused your work injury, you actually, generally, do not have a right to sue them. You generally only have workers’ compensation benefits. It’s called an exclusive remedy. It’s your only remedy that you have. Now there are exceptions to that, certain types of behavior or certain types of injuries, but it’s really good to talk with an attorney to find out if you fit that exception. But most cases are regardless of negligence – your employer’s or your own. You’re generally covered under the Workers’ Compensation Act.