Under Minnesota Workers’ Compensation Law, all employers are required to purchase workers’ compensation insurance or be self-insured. While there are certain exceptions to this rule, workers’ compensation is mandatory. Therefore, if an injured worker is an “employee” under the law they are covered for workers’ compensation benefits if their injury “arises out of ” and “in the course of employment”.
1. Employees Under Minnesota Workers’ Compensation
Employees are generally defined as people performing services for another, for hire, including minors, part-time workers and workers who are not citizens. A list of covered and non-covered workers’ can be found in the statute here.
2. Arising out
“Arising out of” refers to a causal connection between the injury and the employment. Consequently, the employment or employment activities need to be the source of the injury-producing hazard. In other words, there needs to be some hazard that increases the employee’s exposure to injury beyond that of the general public.
It is not enough that an injury takes place at work; rather, there must be a connection to the employer and the injury beyond that of the general public in order for the injury to “arise out of” the employment. The mere fact an employee falls at work and sustains an injury does not necessarily lead to coverage as there needs to be something at work to cause the injury.
3. In the Course
To be compensable, an injury must not only “arise out of” employment but it also must have occurred ‘in the course” of employment. “An injury is said to arise during the course of the employment when it takes place within the period of the employment, at a place where the employee reasonably may be and while he, is fulfilling his duties or engaged in doing something incidental thereto.”
Speak with a Minnesota Work Injury Attorney
If you have questions about whether you qualify for workers’ compensation following a work injury contact our office for a free consultation. We can apply the law to your individual case to determine whether you qualify for benefits and provide you the advice you need.
