If a worker is injured in the course of their employment and someone other than their employer is responsible, the worker or their dependents can claim compensation or take legal action against that person.

If the compensation received from the legal action is less than the amount of compensation entitled under this law, the difference must be paid by the person responsible as additional compensation.

Any settlement or compromise of the legal action for an amount less than the compensation provided by this law requires written approval from the board.

Filing a legal action is considered a claim for compensation under this law if the amount awarded in the action is less than what would have been awarded under this law.

Once the worker's compensation claim is approved by the board, the right to take legal action against the responsible person is transferred to the board, which can bring the action in its name or in the name of the injured worker or their dependents.

There are limitations on the right to take legal action against the employer, co-workers, or directors of the employer if the accident happened during the normal course of operations in the industry carried out by the employer.

• These limitations do not apply if the accident resulted from the use of a motor vehicle by someone other than the employer, a co-worker, or a director of the employer.

If an action is brought against someone at fault, and that person is an employer, co-worker, or director of an employer in the same industry, damages or indemnity cannot be recovered for the portion of the loss or damage caused by their fault or negligence.

If the person required to make a choice under this law is under 18 years old, their guardian can make the choice on their behalf.

The board has the authority to direct immediate special care or operation for an injured worker in need, even if they haven't filed a claim or made an election. The cost of such care or operation is deducted from any amount recovered by the injured worker in legal action.

If a worker or dependent has a right to compensation in another jurisdiction, they must assign that right to the board, and the board may withhold payment of compensation until the assignment is made.

If the board recovers more money from a judgment or settlement than the value of the compensation awarded, the excess amount is paid to the injured person or their dependents, but any subsequent increase in the compensation is reduced by the amount already paid.

The employer must ensure that the contractor complies with the statements and declarations required by law when they contract for work.

All claims for compensation must be heard and determined by the board, and no legal action can be taken for compensation under the law.

The right to compensation under this law replaces all other rights and actions that a worker, their legal representative, or dependents may have against the employer or a director of the employer for a work-related injury or death. Once compensation is received under this law, no further legal action can be taken against the employer or director.

MN Worker’s Compensation Act s. 9-13