If I have a Minnesota Workers’ Compensation Case, can I Sue the Company for an Unsafe Workplace or Under an OSHA Violation?
Minnesota workers’ compensation is typically an exclusive remedy. In other words, you cannot sue the employer for damages but must file a claim for workers’ compensation benefits. Despite having the workers’ compensation claim, you can still file a complaint with OSHA regarding the employer’s conduct.
The Occupational and Safety Health Act (OSHA) was established to protect workers by setting certain safety standards in place for employers to abide by. For specific information concerning OSHA’s standards and regulations, please feel free to look at Minnesota OSHA’s website.
An employer is prohibited from retaliating against the injured worker for making a complaint. Retaliatory conduct can include the following:
• Reprimand or disciplinary actions
• Denial of benefits
• Wrongful termination
• Harassment, making fun of, or intimidation
• Deduction of wages and hours
• Transfer or reassignment
There are specific limitations as to when you can file your complaint. It is important to speak with a lawyer who is experienced in this area as you may have the ability to bring a private action against the employer. If you would like to discuss your work-related injury, please feel free to contact the Law Office of Thomas D. Mottaz.