When there is a workplace accident, there is usually someone at fault. Maybe your co-worker spilled water on the floor and didn’t clean it up. Or perhaps someone did not properly place a pallet, and it fell on you. But what happens when you are the one who caused the injury?
Did you fail to follow safety procedures? Were you simply moving too quickly and not exercising caution? These types of injuries happen frequently, especially in the healthcare or manufacturing industries.
One common example I see is a registered nurse (RN), certified nursing assistant (CNA), or personal care assistant (PCA) who gets injured while moving a patient alone. Many healthcare facilities require employees to move patients with the assistance of another employee or with a safety mechanism. In reality, when a patient needs to be moved quickly, there may be no one available to help. The facility may be short-staffed, the safety mechanisms may not be nearby, and in the end, the employee has to violate policy due to the urgency of moving the patient.
If that nurse, CNA, or PCA is injured in the process, are they eligible for workers’ compensation? Employers unfamiliar with the law may argue that the employee is not eligible for workers’ comp because of the policy violation. However, these employers are wrong.
Minnesota: No-Fault Workers’ Compensation
Minnesota’s workers’ compensation system is a no-fault system. This means that injured workers do not have to prove that their employer acted negligently (i.e., that the injury was their employer’s fault).
Instead, the employee only has to show that their workplace injury was the result of employment activities. The injury must not only be because of your employment but also occur “in the course of” your employment — meaning the judge will look at the time, place, and circumstances of your injury to determine if it was work-related.
Possible Exceptions
There are three situations where an employee may have a workplace injury but may not be able to get workers’ compensation. They are:
- Injuries that occurred because you were intoxicated
- Injuries that were intentionally self-inflicted
- Injuries that were fraudulent or misrepresented
Notice that these situations may mean you cannot get workers’ compensation — but the facts of your case will determine whether you are actually entitled to benefits. You should not rule out the possibility, because there are often exceptions to the exceptions.
Next Steps: Making a Plan of Action
Now that you understand Minnesota’s no-fault workers’ compensation system, you can see why this is a “red flag” when an employer claims you are at fault and therefore ineligible for benefits. Whenever one of these issues arises, it is an immediate sign that further investigation is needed.
If you have concerns about your workers’ compensation claim, have been personally injured at work, or recognize a “red flag” that may apply to you, the Minneapolis workers’ compensation lawyers at 612-INJURED are available to assist you. We advocate for you today so you can have a better tomorrow. Call or text us at (612) 465-8733 for a free consultation.