Third-Party Liability in Workplace Accidents

Even if you have all the workplace dos and don’ts memorized, follow every safety rule, and wear the right protective gear, you can still end up in an accident at work in Minneapolis or Saint Paul, Minnesota. Fortunately, you have workers’ compensation to turn to. What if your employer was not actually responsible for what happened?

At Osterbauer Harper & Furth Law Firm, we let our clients know that pursuing a third-party liability claim is an option.

The Limits of Workers’ Compensation in Minnesota

Workers’ compensation is a safety net for employees who experience an accident at work in Saint Paul or Minneapolis. It is a no-fault system, meaning there is no need to prove that the employer was negligent. Employees cannot sue their employer in exchange for the following benefits:

• Medical Benefits: An injured worker should be able to get reasonable and necessary medical care for a work-related injury.
• Rehabilitation Benefits: If an employee wants to return to work but their injury makes their old job impossible, they may qualify for vocational rehabilitation services.
• Wage-Loss and Monetary Benefits: An injured worker may receive temporary total disability (TTD), temporary partial disability (TPD), permanent partial disability (PPD) benefits, and cost-of-living adjustments (COLAs).

The Need for Third-Party Liability Claims

If workers’ compensation is for economic losses, what about the non-economic losses?

Your pain and suffering, emotional distress, and diminished quality of life matter, too, even though you cannot attach a receipt to them. As such, you should explore a third-party liability claim.

A third party is someone other than your employer or a co-worker whose negligence contributed to your injury. That could be a subcontractor working at the same site, another company responsible for maintaining equipment, or a manufacturer who provided you with defective products.

The Third-Party Liability Claims Process

A third-party claim is different from a workers’ compensation claim. In fact, it is essentially a personal injury claim. That means the rules are different, too.

Proving Negligence

When a third party causes an accident at work in Minneapolis or Saint Paul, you must prove it. Establish four basic things:

• The third party owed you a duty of care.
• The third party breached that duty.
• That breach caused your injury.
• You suffered damages.

Investigation

Strong evidence can make or break a third-party claim. An investigation may include visiting the worksite, photographing the accident scene, documenting the equipment involved, and speaking with people who witnessed what happened.

Reimbursement

If you later recover money from a third-party claim, the workers’ compensation insurer may have a right to seek reimbursement for certain benefits it paid. This rule is called a subrogation interest or lien.

How To File for a Third-Party Liability Claim

You may have a workers’ compensation claim and a potential third-party claim moving at the same time. Protect both by following these steps.

Step 1: Report the Injury

After an accident at work in Saint Paul or Minneapolis, tell your employer about it as soon as possible. A prompt report creates a record of what happened and allows the appropriate workplace and workers’ compensation procedures to begin.

Step 2: Seek Medical Treatment

Get appropriate medical attention immediately. When you see a doctor or other medical provider, clearly explain that the injury happened on the job. Be honest and thorough about what happened, where you were hurt, and how the injury is affecting you.

Step 3: Gather Information

If your condition allows and it is safe to do so, gather as much information about the incident as possible. That could include the following:

• Photos or videos of the accident scene
• Pictures of your injuries and damaged property
• Names and contact information for witnesses
• Accident reports or police reports
• Details about the third party involved
• Insurance information, when available
• Details about the equipment or machinery involved
• Medical records

Step 4: Consult Work Accident Attorneys

Instead of handling your claims on your own, get work accident attorneys in Minneapolis or Saint Paul on board. Avoid communicating with the third party or their insurance company without legal representation.

The Value of Work Accident Attorneys in Minneapolis and Saint Paul

Many injured employees hesitate to hire work accident attorneys in Minneapolis or Saint Paul because their services may be expensive. However, lawyers work on a contingency-fee basis. In those arrangements, you do not pay attorney fees unless they recover compensation for you.

How can legal experts help you?

• Explain Your Rights: When workers’ compensation and third-party liability overlap, a lawyer can explain what rights and potential claims you have.
• Discuss Your Options: An attorney will explain the potential benefits, risks, and consequences of different approaches.
• Strengthen Your Case: A lawyer will build the evidence that supports your claim.
• Coordinate Benefits: Proper coordination will prevent unnecessary complications with benefits or reimbursement claims.
• Avoid Errors: An attorney will ensure you do not miss deadlines, sign the wrong documents, or make unnecessary statements.
• Maximize Your Financial Recovery: A lawyer will evaluate the full impact of your injury and pursue the compensation available under the law.

Get in Touch with Osterbauer Law Firm

Osterbauer Harper & Furth Law Firm has been around since 1992. Our team has had at least 15,000 cases to date. We have 76 combined years of experience and 14 Super Lawyers recognitions. With us, you have an entire battalion behind you.

Osterbauer Law Firm focuses on personal injury and workers’ compensation matters. We offer free initial consultations, and we only charge legal fees if we successfully pursue the recovery you are entitled to.

Let us talk about the possibilities regarding your workers’ compensation and third-party liability claims. Call Osterbauer Law Firm at (612) 334-3434 or contact us online.