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Workers' Compensation
Posted by: euser
January 24, 2008

The purpose of Minnesota's workers' compensation system is to quickly and efficiently deliver medical benefits and lost wages to employees who have been injured in the workplace. An employer is liable to pay compensation when an employee's injury, illness, disease, or death arises out of and in the course of employment. Injuries that occur while an employee is participating in voluntary programs sponsored by an employer, such as athletic events, parties, and picnics, do not arise out of and in the course of employment, such that an employer need not pay compensation, unless the employer ordered or assigned the employee to participate in the program. The burden of proving that an injury arose out of and in the course of employment is on the employee. If there is a question as to whether workers' compensation applies to a particular situation, courts will generally determine that workers' compensation should apply.

Workers' compensation is an employee's exclusive remedy for damages against an employer for a workplace injury. The employee generally may not bring a private lawsuit against the employer unless the employer consciously and deliberately intended for the employee to be injured.

The employer is strictly liable to pay workers' compensation regardless of negligence or assumption of risk on the part of the injured employee, or of negligence on the part of another employee. However, if the injury was intentionally self-inflicted or was proximately caused by the injured employee's intoxication, the employer need not compensate the employee.

The employer is responsible for paying for the employee's reasonable medical treatment resulting from the injury, including surgery, psychological treatment, chiropractic care, rehabilitation, and medications. The employer may also be responsible for paying for medical supplies, artificial members, and assistive devices.

The employer may also need to compensate the employee for wages that have been lost due to the injury. There are five types of payments to compensate an employee for lost wages. Temporary partial benefits are paid if an employee is able to continue working, but his injury disrupts his job duties such that he experiences a temporary reduction in salary. Temporary total benefits are paid if an injury temporarily incapacitates an employee from working, but he is later able to return to work. Permanent partial benefits are paid if an employee is able to continue working, but his injury permanently disrupts his job duties and causes a reduction in salary. Permanent total benefits are paid if the employee's injury is so severe that it prevents him from returning to work. Death benefits and burial expenses may be paid to an employee's surviving spouse and dependents if a workplace accident results in death.

An employer may not retaliate against, threaten, or discharge an employee for seeking workers' compensation benefits or intentionally obstruct an employee from seeking these benefits. Employers who have done so may be liable to the employee for damages. The employee has the burden of proving that he was retaliated against for seeking workers' compensation.

An action to collect workers' compensation must be commenced no later than three years after the employer has made a written report of the injury to the Minnesota Department of Labor and Industry, or no later than six years from the date of the accident if no report was made. The attorneys at Milavetz, Gallop & Milavetz are experienced and knowledgeable in this area and can help you to evaluate a potential workers' compensation claim today.

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