Minnesota Workplace Injury Lawyer
If you’ve been hurt on the job, you may have more options than you think. Workers’ compensation covers some expenses, but it doesn’t always cover the full cost of a serious injury. When a third party’s negligence plays a role, you could be entitled to additional compensation through a personal injury claim.
Swor & Gatto has spent more than 40 years helping injured workers across Minnesota recover what they’re owed. We’ve recovered over $250M for our clients, and we’re ready to review your case at no cost.
Why You Need a Workplace Injury Attorney After an On-the-Job Accident
Most people who get hurt at work file a workers’ compensation claim and assume that’s their only option. In many cases, it isn’t.
Workers’ comp is designed to cover medical bills and a portion of lost wages. But it doesn’t pay for pain and suffering. It doesn’t cover your full income. And it won’t account for long-term impacts like reduced earning capacity or ongoing care needs.
If someone other than your employer contributed to your injury, you may have a third-party personal injury claim. This is separate from workers’ comp and allows you to pursue the full range of damages: complete medical costs, total lost wages, pain and suffering, and in some cases, punitive damages.
Third-party claims come up more often than people realize. A few common scenarios:
A subcontractor on your job site creates an unsafe condition. A manufacturer sells defective equipment or tools that malfunction. A property owner fails to maintain safe conditions where you’re working. Another driver causes an accident while you’re traveling for work.
Insurance companies on the other side know exactly what’s at stake in these claims. They’ll push for quick, low settlements before you understand the full extent of your injuries. Having an attorney changes that dynamic.
Minnesota’s statute of limitations gives you two years from the date of injury to file a personal injury claim (Minn. Stat. § 541.05). That sounds like a long time, but building a strong case takes months of investigation, medical documentation, and negotiation. Starting early matters.
We handle workplace injury cases on a contingency fee basis. You pay nothing upfront, and there’s no fee unless we recover compensation for you.
Types of Workplace Injury Cases We Handle
Workplace injuries happen across every industry, from construction sites to office buildings. When a third party’s negligence causes or contributes to your injury, you have the right to pursue compensation beyond workers’ comp. Here are the types of cases we handle most often.
Construction Site Injuries
Construction is one of the most dangerous industries in Minnesota. Falls from scaffolding, trench collapses, crane accidents, and struck-by incidents are common. These sites typically involve multiple contractors, subcontractors, and equipment suppliers, which means multiple parties could bear responsibility for unsafe conditions. We identify every liable party and pursue claims against each one.
Defective Equipment and Tool Injuries
When a piece of machinery malfunctions, a power tool fails, or safety equipment doesn’t perform as designed, the manufacturer or distributor may be liable under Minnesota product liability law. These claims exist even when your employer followed every safety protocol. If the product itself was the problem, the company that made or sold it can be held accountable.
Motor Vehicle Accidents on the Job
If you’re driving for work and another driver causes a collision, that’s a third-party claim. This applies to delivery drivers, truckers, sales representatives, and anyone whose job puts them on the road. You can collect workers’ comp benefits and file a personal injury claim against the at-fault driver at the same time.
Industrial and Manufacturing Injuries
Factories, processing plants, and industrial facilities involve heavy machinery, conveyor systems, and hazardous materials. Injuries in these settings are often severe: crush injuries, amputations, burns, and chemical exposure. When equipment manufacturers, maintenance contractors, or chemical suppliers contribute to unsafe conditions, they can be held liable.
Warehouse and Loading Dock Injuries
Forklifts, pallet jacks, loading equipment, and poorly maintained dock areas create risks every shift. When injuries result from defective equipment, inadequate safety measures by a property owner, or the actions of workers from a different company operating in the same space, third-party claims apply.
Toxic Exposure and Chemical Burns
Exposure to hazardous chemicals, asbestos, silica dust, or toxic fumes can cause immediate injuries or long-term health conditions including respiratory disease and cancer. If a chemical manufacturer, supplier, or property owner failed to provide proper warnings, ventilation, or protective equipment, they may be liable for your injuries.
Subcontractor Negligence
On multi-employer job sites, the actions of one company’s workers can injure employees of another. If a subcontractor creates an unsafe condition, ignores safety regulations, or acts recklessly on site, their employer can be held responsible. These cases require careful investigation to establish which party controlled the conditions that led to your injury.
Property Owner Negligence
If you’re working on someone else’s property and get hurt because of a hazard the property owner knew about (or should have known about), you may have a premises liability claim. This is separate from any workers’ comp claim against your own employer. Broken stairs, inadequate lighting, missing guardrails, and unaddressed structural hazards are all examples.
Workplace Injuries We Represent
Workplace injuries range from sprains and fractures that heal in weeks to catastrophic conditions that change your life permanently. The type and severity of your injury directly affects your case value and the legal strategy we use.
We represent clients with injuries including:
Traumatic brain injuries (TBI) and concussions. Spinal cord injuries and paralysis. Broken bones and fractures. Burns, both thermal and chemical. Crush injuries. Amputation and loss of limb. Repetitive strain injuries, including carpal tunnel. Respiratory conditions from toxic exposure. Internal organ damage. Back and neck injuries. Soft tissue injuries. Wrongful death from fatal workplace accidents.
For brain injuries, spinal cord damage, and other catastrophic conditions, we work with medical specialists, life care planners, and vocational experts to document the full long-term impact on your life and earning capacity. These cases often involve the highest compensation because the costs extend decades into the future.
How Minnesota Workplace Injury Laws Affect Your Case
Minnesota has specific laws that determine what you can recover after a workplace injury, who you can file claims against, and how long you have to act. Understanding these rules is critical because the wrong move early on can limit your options later.
Workers’ Compensation Exclusivity vs. Third-Party Claims. Under Minnesota law, you generally can’t sue your employer directly for a workplace injury. That’s the workers’ comp trade-off: your employer provides no-fault benefits through their insurance, and in exchange, they’re protected from personal injury lawsuits. But this rule only applies to your employer. If anyone else contributed to your injury (a subcontractor, equipment manufacturer, property owner, or another driver), you can file a third-party personal injury claim against them. You can collect workers’ comp and pursue a third-party claim at the same time.
Statute of Limitations. You have two years from the date of injury to file a personal injury claim in Minnesota (Minn. Stat. § 541.05). For injuries that develop over time, like repetitive strain or toxic exposure conditions, the clock may start when you discovered (or should have discovered) the injury. If your claim involves a government entity, you may need to provide written notice within 180 days.
Comparative Fault. Minnesota follows a modified comparative fault rule (Minn. Stat. § 604.01). You can recover compensation as long as your share of fault doesn’t exceed 50%. Your award is reduced by your percentage of responsibility. For example, if your case is worth $500,000 and you’re found 20% at fault, you’d receive $400,000.
OSHA and Workplace Safety Standards. Minnesota has its own occupational safety agency (MNOSHA) that enforces workplace safety regulations. If your employer or a third party violated OSHA standards and that violation contributed to your injury, it strengthens your case. Safety citations and inspection reports can serve as evidence of negligence.
Workers’ Comp Subrogation. Here’s something most people don’t expect: if you receive workers’ comp benefits and then recover money through a third-party claim, your employer’s workers’ comp insurer has a right to be repaid from that recovery. This is called subrogation, and it’s governed by Minn. Stat. § 176.061. We handle the coordination between your workers’ comp benefits and your third-party claim to make sure you keep as much of your recovery as possible.
We’ve practiced in Hennepin County, Ramsey County, Dakota County, Washington County, and Anoka County courts for over 40 years. That kind of familiarity with local judges, procedures, and opposing counsel gives our clients a real advantage.
Workplace Injury Lawyer Serving Minneapolis, St. Paul & Surrounding Areas
Minneapolis Coverage
Minneapolis is home to Minnesota’s largest concentration of construction projects, manufacturing facilities, and commercial warehouses. Hennepin County sees a significant share of workplace injury cases, from downtown high-rise construction to industrial zones along the river. We’ve handled cases in Hennepin County District Court for decades and know the local legal landscape from the inside.
St. Paul Coverage
As the state capital, St. Paul has a large population of government employees, healthcare workers, and tradespeople. Ramsey County’s east metro industrial corridor produces a steady flow of workplace injury cases involving manufacturing, logistics, and construction. Our office is in St. Paul at 1177 W. 7th Street, and we’ve been part of this community since 1981.
Also serving: Bloomington, Eden Prairie, Eagan, Woodbury, Plymouth, Maple Grove, Brooklyn Park, Burnsville, Lakeville, and surrounding communities throughout the Twin Cities metro.
What to Do After Workplace Injury in Minnesota
The steps you take right after an injury affect both your workers’ comp benefits and any third-party claim you might have. Here’s what matters most.
- Get to safety and call 911 if anyone needs emergency medical attention.
- Report the injury to your employer as soon as possible. Minnesota law requires prompt reporting for workers’ comp benefits. Put it in writing if you can.
- See a doctor, even if you feel fine. Some injuries, especially head injuries and internal damage, don’t show symptoms right away. Medical records from the day of the incident create a direct link between the accident and your condition.
- Document everything. Photos of the scene, your injuries, and the conditions that caused the accident. Names and contact information for witnesses. Keep every medical bill, receipt, and correspondence.
- Don’t give recorded statements to anyone’s insurance company without talking to a lawyer first. Adjusters are trained to get you to say things that reduce your claim’s value.
- Call an attorney. The sooner we can review your situation, the better we can protect your rights and preserve evidence. Call Swor & Gatto at (651) 454-3600 for a free consultation.
One more thing: stay off social media. Insurance companies and defense attorneys monitor claimants’ social media accounts looking for anything they can use against you. Even an innocent post can be taken out of context.
Frequently Asked Questions About Workplace Injury Claims
Can I sue my employer for a workplace injury in Minnesota?
What’s the difference between workers’ comp and a third-party injury claim?
Workers’ comp is a no-fault insurance system that covers medical bills and partial wage replacement. A third-party claim is a personal injury lawsuit against someone other than your employer who caused or contributed to your injury. Third-party claims allow you to recover full lost wages, pain and suffering, and other damages that workers’ comp doesn’t cover.
How long do I have to file a workplace injury claim in Minnesota?
Two years from the date of injury for a personal injury claim (Minn. Stat. § 541.05). Workers’ comp has different deadlines: you should report the injury to your employer as soon as possible, and you generally have three years to file a workers’ comp claim petition. Don’t wait on either. Evidence disappears and memories fade.
What if I was partially at fault for my workplace injury?
You can still recover compensation. Minnesota’s modified comparative fault rule allows you to collect damages as long as your fault doesn’t exceed 50%. Your award will be reduced by your percentage of responsibility.
Do I need a lawyer for a workplace injury claim?
For a straightforward workers’ comp claim, you might not. But if a third party was involved, if your claim is denied, or if you have serious injuries, an attorney can make a significant difference in your outcome. Third-party claims involve complex liability questions, and insurance companies have legal teams working against you.
How much does a workplace injury lawyer cost?
We work on a contingency fee basis. You pay nothing upfront, and we only collect a fee if we recover compensation for you. The initial consultation is always free.
What types of compensation can I receive beyond workers’ comp?
A third-party claim can include full medical expenses (past and future), complete lost wages and earning capacity, pain and suffering, emotional distress, loss of enjoyment of life, and in some cases, punitive damages. Workers’ comp doesn’t cover pain and suffering or emotional distress at all.
Can I file a third-party claim and collect workers’ comp at the same time?
Yes. These are separate legal processes. You can receive workers’ comp benefits from your employer’s insurer and pursue a personal injury claim against a third party simultaneously. Your workers’ comp insurer may have a right to reimbursement from your third-party recovery (this is called subrogation), but your attorney can help manage that process.
What if my employer retaliates after I file a claim?
Minnesota law prohibits employers from retaliating against employees who file workers’ comp claims or report workplace injuries. If you’ve been fired, demoted, or had your hours cut after filing a claim, you may have a separate retaliation claim. Contact us to discuss your options.
How long does a workplace injury case take?
Most cases resolve in 6 to 18 months, depending on the complexity of the liability questions, the severity of your injuries, and how cooperative the other parties are. Cases involving catastrophic injuries or multiple defendants can take longer. We keep you informed throughout the process.
Why Choose Swor & Gatto for Your Workplace Injury Case
Workplace injury cases with third-party claims are complex. You need attorneys who understand both the workers’ comp system and personal injury litigation, because the two processes interact in ways that affect your total recovery.
Years of Personal Injury Experience
We’ve been doing this for over 40 years. Paul Gatto founded the firm in 1981, and today he practices alongside J.P. Gatto and Marcus Gatto. Three attorneys who know Minnesota personal injury law, know the courts, and know how to build cases that get results.
$250 Million+ Recovered for Clients
The numbers speak for themselves: more than $250M recovered across more than 10,000 cases. We work with injured people every day, and we understand what you’re going through.
No Fee Unless We Win
We take workplace injury cases on contingency. No upfront costs, no hourly billing. If we don’t recover compensation for you, you owe us nothing.
HABLA
Bilingual Legal Services
Marcus Gatto is fluent in Spanish, and we’re proud to serve Minnesota’s Spanish-speaking community. Se habla español.
Contact Our Workplace Injury Law Firm Today
You have two years to act, but the sooner you call, the stronger your case will be. We’ll review your situation, explain your options, and tell you what we think your case is worth. The consultation is free, and there’s no fee unless we win.
40+
years of experience
Recovered
Cases Handled
Past results do not guarantee future outcomes. Each case is different and must be judged on its own merits.
