In Minnesota, certain car accidents can lead to both personal injury and workers’ comp claims. This can happen when you’re in a crash while on the clock. However, that’s only part of the story. These cases can be tricky and involve different areas of law. It’s important for you to understand when and how you can file both types of claims. Otherwise, you could miss out on compensation you may be entitled to.
Factors that may qualify you for both claim types
The following are factors that may determine if you can file both personal injury and workers’ compensation claims:
- Timing: The accident happens during work hours or while doing your job.
- Location: The incident occurs on company property or while traveling for work.
- Purpose: You’re on a work errand or trip that benefits your employer.
- Vehicle: You’re driving a company-owned or leased vehicle.
- Job duties: Driving is a regular part of your job responsibilities.
- Special tasks: The accident occurs during a special work assignment.
- Commuting: While regular commuting usually doesn’t qualify, there are exceptions like traveling between work sites.
These factors help determine if you can file both types of claims. For example, if you get into an accident while making a delivery for your job, both claim types could apply.
If injured, start a claim as soon as you can
Workers’ compensation is generally the primary coverage in situations where both claims apply. However, a personal injury claim against the other driver may provide additional compensation. This could cover damages that workers’ comp doesn’t, such as pain and suffering.
Pursuing a claim can be complex and confusing, especially since the laws can be challenging to understand and there’s substantial paperwork involved. If you find yourself in this situation, consider consulting with an attorney who has experience in both areas so you can explore all available avenues for compensation.
