If you are injured at work, you are probably aware that you may have a workers’ compensation claim on your hands. But what are your options if a coworker directly contributed to your injuries? Can you take them to court as well? In today’s blog, we take a closer look at what Minnesota law says about holding a coworker accountable for your work injuries.
Suing A Coworker For Your Injuries
Workers’ compensation is a kind of catch-all system that provides employees with injury protections and compensation in the event that they are injured while performing work duties. Because of the way it is designed, it’s generally the only type of compensation you’ll be able to pursue if you are injured on the clock. You aren’t required to prove fault in a work injury, and you can even be the one who is to blame for your injuries and you’ll still be able to collect workers’ compensation. So long as you were on the clock and you didn’t intentionally injure yourself, workers’ compensation should protect you.
The fact that a coworker may hold some blame isn’t really relevant to your ability to collect compensation. Since it happened at work, you won’t need to prove fault like you would with a personal injury lawsuit, so your coworker’s involvement isn’t typically relevant to your ability to collect compensation. They may have had a hand in your injuries, but if they didn’t intend to hurt you, odds are you won’t have much recourse in holding them accountable in the eyes of the law.
However, there are situations where you may be able to hold a coworker or your company accountable for your injuries on top of what you will collect through a standard workers’ compensation claim. The Minnesota Workers’ Compensation Act holds that a coworker is not liable for the personal injury of another employee “unless the injury resulted from gross negligence of the coemployee or was intentionally inflicted by the coemployee.”
The second half of that statement is pretty straightforward. If your coworker intentionally tried to hurt you, then you can seek out personal injury damages. The first part regarding gross negligence is more open for interpretation. This will be analyzed on a case by case basis. A coworker who failed to hold a ladder for an employee likely wouldn’t be found grossly negligent, but a supervisor who allowed an employee to operate a forklift without proper training or certification could certainly be considered grossly negligent if the employee was injured while using a forklift. Gross negligence is categorized as a severe, conscious and voluntary failure to exercise reasonable care in a situation, and if you believe your coworker’s actions or inaction rises to this level, you may be able to pursue a personal injury suit alongside your workers’ compensation claim.
For the most part, a coworker can’t be held liable for your injuries at work. You’ll still be able to collect a number of different benefits through a workers’ compensation claim, but unless you can prove intent or gross negligence, the coworker will not be held personally responsible. However, know that laws can vary from state to state, so it’s wise to consult with a local personal injury attorney if you believe that additional compensation may be warranted.
For more information about collecting injury compensation following an on-the-job injury in Minnesota, connect with the team at Hey Workers today at (844) 439-9675.