Imagine getting hurt at work. You’re on the clock, so you know you should be covered by workers’ compensation. At the same time, it was a third-party contractor who caused your injuries, so you want to be able to make sure they are held liable as well.
The third-party subrogation statute in Minnesota allows injured employees to prosecute claims for workers’ compensation at the same time as being able to have a claim against a third party who is responsible for their injuries.
When this kind of claim is made, it is possible to collect against the third-party at the same time as seeking the workers’ compensation claim. If you are successful, the workers’ compensation insurance provider may be repaid for what it has covered so far, which is something to keep in mind.
Why would you want to file a claim against a third party?
Sometimes, suing is more beneficial than seeking workers’ compensation alone. For example if you sue the third party for injuring you, you could sue for the full amount of lost wages as well as for your necessary medical care. You may pursue a claim for other aspects of the injury, too, like psychological pain and suffering and more.
Workers’ compensation, on the other hand, typically covers only a portion of your lost wages. It may not cover all the kinds of medical care that you want to seek out if it’s not necessary to your recovery (even if it would be helpful).
Essentially, you have the potential to seek out more compensation when you file a third-party claim.
Should you make a third-party claim or just seek workers’ compensation?
That depends on your circumstances. Many people decide that they will pursue one claim or the other, but it may be beneficial for you to pursue both. Depending on the severity of your injuries and the possible value of your claim, you may decide that pursing both options is beneficial for you in the long-term. You should get to know more about this statute and your legal rights before you decide which claim to make.
