A grain bin accident may change a worker’s life in seconds. Serious injuries can mean months of recovery and time away from work, putting household finances under pressure.
If you suffered an injury at work, benefit payments might leave you concerned about expenses and your future. Understanding when a separate claim is available can help you identify losses that workers’ comp does not cover.
Your ability to pursue compensation often depends on who caused the harm and which insurance rules apply. Here are other avenues to explore when your benefits fall short.
You may pursue a third-party claim
In Minnesota, workers’ comp generally bars lawsuits against your employer for a covered injury. However, third-party liability rules often allow you to seek damages from a responsible outside party.
For example, a faulty auger shutoff could support a product liability claim against its maker. An outside repair company could face a negligence claim if its careless work caused the machine to fail.
A separate grain facility owner might also face a lawsuit for unsafe conditions within their control. To pursue these claims, you need evidence linking the defect or unsafe conduct to your injury. Photos, repair records and witness accounts can support your case.
You can seek damages beyond benefits
With evidence of fault, your injury claim can address harm beyond what standard benefits cover. Workers’ comp pays for covered medical care and replaces part of your wages. It does not pay damages for pain and suffering.
A separate lawsuit could seek payment for physical pain, emotional distress and lost future earning capacity. For instance, lasting lung damage after entrapment might force you into a lower-paying job, supporting a claim for your reduced earning capacity.
The two claims can still interact financially. Your workers’ comp insurer generally has a right to repayment from a third-party recovery. A settlement may also reduce later payments, so the amount you keep could be lower.
You may have an employer claim
Your employer’s insurance status can open another path because certain farm jobs fall outside mandatory coverage. Eligibility often depends on payroll, family ties and other rules.
If an exemption applies without voluntary coverage, you could pursue a negligence lawsuit. A civil claim is also possible if your employer failed to buy legally required insurance.
Why you need to assess an offer before accepting it
Reviewing the proposed amount before accepting it can reveal gaps between the payment and your expected expenses. Those differences could leave you covering ongoing care or lost earnings with fewer resources.
The agreement’s terms may also deserve attention because they determine which claims you are giving up. A lawyer can explain those limits and assess how the settlement could affect your other benefits.