Legal Memorandum: Negligence Action by an Injured Employee

Issue: When may an injured employee bring an action for negligence under Minnesota law?

Area of Law: Employee Law, Workers Compensation Insurance
Keywords: Negligence action; Injured employee
Jurisdiction: Minnesota
Cited Cases: None
Cited Statutes: Minn. Stat. Ann. § 176.021, subd. 1, § 176.031, § 176.061
Date: 03/01/2007

It is well settled that Minnesota’s Workers’ Compensation Act (the Act) makes all employers strictly liable for compensation in every case of an employee’s personal injury or death.  Minn. Stat. Ann. § 176.021, subd. 1 TA l "Minn. Stat. Ann. § 176.021, subd. 1 (West 2006)" s "Minn. Stat. Ann. § 176.021, subd. 1 (West 2006)" c 2 .  Under the Act, an employer’s liability is exclusive, meaning that liability for workers’ compensation benefits is “in the place of any other liability to [the] employee.”  Id., § 176.031 TA s "Minn. Stat. Ann. § 176.021, subd. 1 (West 2006)" .  It is also well settled that absent an employer-employee relationship, an injured worker may proceed against a third party liable for his or her injuries.  See id., § 176.061 TA s "Minn. Stat. Ann. § 176.021, subd. 1 (West 2006)" .


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