Detailed Answer
If you suffer an injury and lose income from more than one job, Minnesota law allows you to recover your lost wages through workers’ compensation or a third-party personal injury claim. The strategy depends on who bears legal responsibility for your injury.
1. Workers’ Compensation Claims
Under Minn. Stat. § 176.101, you can file a workers’ compensation claim with each employer where you sustained the injury. You qualify for wage-loss benefits if your injury arises out of and in the course of your employment. Minnesota pays two-thirds of your average weekly wage, up to the statutory maximum. To calculate benefits:
- Collect pay stubs or payroll records for each job covering the 52 weeks before your injury.
- Compute your average weekly wage (AWW) separately for each employer.
- Multiply each AWW by two-thirds, subject to the state’s weekly benefit cap.
- Submit this information to the Minnesota Department of Labor and Industry (DLI).
File Form WC 001 (“Employee Claim”) with the DLI and notify your employers. They must report to the insurer and respond within the statutory deadlines.
2. Third-Party Personal Injury Claims
If someone other than your employer caused your injury—such as a negligent driver—you can sue that party for your lost earnings under Minn. Stat. § 604.02, subd. 5. This claim allows you to recover full pre-injury earnings, including bonuses, overtime and income from all jobs. To pursue this route:
- Gather documentation: pay stubs, W-2s and contractor income statements for all jobs.
- Estimate future wage losses if your injury causes long-term work restrictions.
- Include medical records linking your injury to your lost capacity to work.
- File a civil lawsuit before the six-year statute of limitations expires.
3. Coordinating Multiple Claims
If both workers’ compensation and a third-party lawsuit apply, Minnesota’s “one-action” rule may require you to choose the best forum. You can often preserve your right to a third-party suit while collecting workers’ compensation benefits, but you must repay the insurer any benefits that duplicate your court award.
Helpful Hints
- Keep a detailed work diary noting dates, hours and tasks at each job.
- Obtain wage verification letters from payroll or accounting departments.
- Track unreimbursed expenses: transportation, medical co-pays, assistive equipment.
- Meet all DLI deadlines to avoid claim denial.
- Consult a qualified attorney to review your claims and preserve your rights.
Disclaimer: This article provides general legal information and does not constitute legal advice. Consult a licensed attorney in Minnesota to address your specific situation.