Representing injured workers throughout the Twin Cities since 1989.
Do not sign anything or accept a settlement offer from any insurance company, yours or theirs, before you talk to a lawyer.
If you were hurt on the job and someone other than your employer caused or contributed to that injury, you may be sitting on two separate legal claims.
At Baehman Fitzgerald, our Woodbury law firm handles both workers’ compensation and personal injury claims. That matters more than it might sound, and we’ll explain exactly why below.
Start with the basics. When you’re injured at work in Minnesota, workers’ compensation (often called “workers’ comp”) is the first system that applies. Workers’ comp is a no-fault system, meaning it pays out regardless of who caused the accident.
You don’t have to prove your employer did anything wrong. In exchange for that, your employer is generally shielded from a personal injury lawsuit.
Workers’ comp covers medical bills and a portion of your lost wages. What it does not cover is equally important: it does not pay for pain and suffering, full lost wages, loss of consortium (the impact your injury has on your relationship with a spouse), or other damages a civil lawsuit can reach. Benefit amounts are also capped by state law.
A third-party claim is different. It is a separate civil negligence lawsuit — a lawsuit based on the legal idea that someone acted carelessly and caused you harm — filed against someone other than your employer or a coworker. The person or company you sue in a third-party claim is called the defendant. You are the plaintiff, the person bringing the claim.
A successful third-party claim can reach the full range of damages that workers’ comp leaves on the table: complete lost wages, pain and suffering, future medical costs, and more. These two claims, workers’ comp and a third-party lawsuit, can run at the same time.
A third party is anyone other than your employer or a coworker whose negligence contributed to your injury. Common examples include:
Basically, if a person or company outside your employment relationship did something careless that played a role in your injury, they may be a third party you can pursue.
Actually, one scenario people often overlook: if you were hurt on a government-owned worksite or by a government vehicle, a third-party claim may still be possible, but the rules are different.
Our Woodbury attorney is ready to make a commitment to you today. Contact our firm today. We represent injured workers in St. Paul, throughout the Twin Cities and residents of western Wisconsin who work in Minnesota.
This is the part most people don’t see coming, and it can significantly affect how much money ends up in your pocket.
When your workers’ comp insurer pays your medical bills and wage benefits, Minnesota law gives that insurer a right called subrogation.
Subrogation (sub-ro-GAY-shun) means the insurer has a legal right to be paid back from any money you recover in a third-party settlement or verdict.
The practical effect: if you settle a third-party claim, you can’t simply deposit the check. The settlement proceeds go through a statutory allocation process first. Attorney fees and litigation costs come off the top. Then the subrogation interest of the workers’ comp carrier is addressed.
Two things are worth knowing here:
Getting this wrong, or settling without understanding it, can cost you thousands of dollars you were legally entitled to keep. We do all the paperwork, and we walk you through every number before you sign anything.
If a government entity, such as a state agency, county, or city, is the third party responsible for your injury, the claim process has a shorter, stricter timeline.
Minnesota law generally requires that you file a written notice of claim within 180 days of discovering the injury when a government entity is involved. Missing that window can bar your claim entirely, regardless of how strong the underlying facts are.
This comes up in the Twin Cities metro more often than people expect. Workers injured near MnDOT construction zones, on county-owned property in Washington or Ramsey County, or in incidents involving government vehicles on roads like I-35E or Highway 36 may have a government entity as a potential third-party defendant.
The 180-day notice requirement is separate from the workers’ comp filing process. It is not automatic. If you think a government entity played any role in your injury, this is a reason to contact our law office immediately.
A few things you can do right now to protect your position:
The filing deadline for a third-party personal injury claim in Minnesota is generally governed by the applicable statute of limitations, which varies depending on the type of defendant and the nature of the claim. Time matters. Building a strong case takes months of investigation, medical records, and careful documentation.
A workers’ comp attorney who doesn’t handle personal injury may not know how to structure a third-party settlement to protect your comp benefits. A personal injury attorney who doesn’t handle workers’ comp may not understand the subrogation formula or the notice requirements that apply to your employer’s insurer. Getting one without the other can cost you in ways that aren’t obvious until it’s too late.
At Baehman Fitzgerald, our attorneys handle both sides of this. We work with clients across Washington County, Dakota County, Ramsey County, and throughout the greater Twin Cities metro.
Not automatically. In most situations, you can pursue both at the same time. However, how the third-party settlement is structured can affect future comp benefits, which is one reason working with an attorney who handles both is important. And if your comp benefits are ever denied, that is a separate fight worth addressing promptly.
Minnesota follows a modified comparative fault rule. That means your recovery in a third-party claim may be reduced by your percentage of fault. As long as your fault does not exceed 50 percent, you may still be able to recover damages. Your award would be reduced, not eliminated, in proportion to your share of responsibility.
In most cases, no. Workers’ comp generally covers injuries caused by coworkers. There is a narrow exception under Minnesota law for injuries caused by a coworker’s gross negligence or intentional act, but this is a high legal bar and very fact-specific.
It means your workers’ comp insurer gets paid back from your third-party settlement for benefits it already paid you. The amount is calculated by a statutory formula, and in many cases, that amount is negotiable with the help of an attorney.
Yes. Settling a third-party claim without proper notice to your employer or insurer can void the settlement as to their subrogation rights. This is another reason not to sign anything before talking to a lawyer.
Anything you have: the workers’ comp claim paperwork, medical records, accident reports, photos, and any correspondence from insurance companies. If you have nothing yet, that’s fine too. We can help you gather what’s needed.
Every third-party work injury case is different. The only way to know how the subrogation formula plays out in your specific situation, and whether a second claim is worth pursuing, is to sit down and go through the facts together. That conversation costs you nothing.
Contact our Woodbury law firm, Baehman Fitzgerald, for a free case review. We serve clients throughout Washington County, Ramsey County, Dakota County, and the greater Twin Cities metro area.
