My Job Is Done But I’m Still Being Hurt! | MN Work Comp For Post-Termination Injuries

My Job Is Done But I’m Still Being Hurt! | Minnesota Work Comp For Post-Termination Injuries

Minnesota has a work comp system set up for people who are injured on the job to receive benefits when they are injured at work. But what happens if your injury has some connection to work but happens after your employment is over? Let’s say, for example, you quit your job one week and return the next week to pick up your paycheck. Can you make a claim for workers’ compensation?

The short answer is yes (don’t you love it when a lawyer can come up with a short answer!). If you get injured while you are completing “unfinished details” of a job, you can still get Minnesota workers’ compensation benefits for that injury. Picking up a paycheck would probably be considered unfinished details, and so would things like returning work tools or dropping off some other kind of work equipment that you had away from the job. Something unrelated or unnecessary, like dropping by to say goodbye to a co-worker, might not fall into this category of unfinished details, however.

The injury does not have to have happened on your old employment premises, either, in order for you to be able to recover benefits. In one case, a real estate agent resigned from his job but told his employer that despite the resignation he would complete unfinished details of his work and would attend closings called for by purchase agreements he had procured. Keeping his promise, the agent went to see some clients’ new home; while he was there, he slipped and hurt his back. The court found that under those circumstances, the real estate agent was still an employee at least as far as recovering workers’ compensation went.

If this is the kind of situation you are in, some things you might want to consider in figuring out whether you might be able to recover workers’ compensation benefits are:

– Did your employer encourage or require you to do whatever it was you were doing when you were injured?

 

– Did what you were doing when you were injured benefit your employer?

If one or both of these are the case, a court could find that you were still an employee when you were injured.

 

Roko Law
Christopher Rosengren
Rosengren Kohlmeyer, Law Office Chtd.
Mankato, Minnesota
507-625-5000
rokolaw.com