While pursuing a workers’ compensation claim, clients often ask if they can sue their employer for the employer’s role in their work related injury. The short answer is no, but there may be a third-party claim through which a lawsuit can be filed against another party that had a role in causing your injury. Workers’ compensation in Minnesota is a no-fault system, which means that it doesn’t matter which party caused a worker to sustain an injury in order for an injury to be compensable, or for an injured worker to be entitled to benefits. This is both good and bad for employees. Insurance companies aren’t able to blame you for your injury in order to evade paying for your lost wages or medical bills. But, employers and companies that have unsafe work spaces or somehow contribute to employees’ injuries aren’t penalized through the workers’ compensation system.
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