Duluth Minnesota Personal Injury Law Blog

Workers' compensation coverage for the misclassified worker

Workers' compensation laws require most businesses to carry workers' compensation coverage for their employees. As an employee, you're entitled to this coverage if you're hurt on the job.

Sometimes, businesses misclassify their workers to avoid paying for workers' compensation. For instance, if you're an independent contractor, you're not covered by the employer's insurance. If you get hurt, you would likely have to sue them directly.

Slip-and-fall accidents: You can make a claim

Slip-and-fall cases are among the most common causes of premises liability claims. It's easy to slip and fall. For example, if there is some gravel misplaced on steps, you could slip and fall down the stairs. If the sprinkler system gets the porch wet, it could become slick and result in a fall.

When you get hurt on another person's property, you have the opportunity to file a claim. To win your case, you will be asked to prove fault. To prove fault, you will need to show that:

  • The owner of the property created the conditions that led to your injury
  • The owner or possessor of the property was aware of the conditions and did not take steps to correct them
  • The condition was not corrected and has been present for so long that the owner or occupier should have known about it before you fell.

Moving patients a common cause of injury in health care

Working in any type of health care environment presents certain inherent risks, with nurses, nursing assistants and others in the industry regularly experiencing a wide range of work-related injuries and ailments. While working around sick people and regularly using needles and other potentially hazardous medical equipment can lead to injuries, one of the most substantial risks you face working in health care involves moving heavy patients.

According to Healthcare Business & Technology, injuries caused by lifting patients are the single-biggest threat facing today‚Äôs health care workers. Injuries caused by this action are so commonplace, in fact, that American nurses, alone, suffer more than 35,000 back and musculoskeletal injuries every year serious enough to prevent them from working. Furthermore, nurses are more likely to suffer injuries than workers in all other jobs that involve physical labor, exclusively.

New bill will stop handheld cellphone use in Minnesotan vehicles

Motor vehicle accidents can be caused by many different actions, but one, using a cellphone while driving, is particularly dangerous. The Minnesota House of Representatives is addressing this problem by advancing a bill that will ban holding a cellphone while behind the wheel.

The ban was previously unsuccessful, but with some amendments, it was approved by the House by 106 to 21. The governor has stated that he will be willing to sign the bill into law once it reaches his desk.

What are some dangerous products available to children?

There are many products that may be dangerous for children to own, but that doesn't necessarily mean that they're violating any laws. However, in some cases, it's what the products are made of that causes children to fall ill or how the product is made that causes injuries that occur regardless of how the product is used.

There are between 400 and 450 product recalls issued by the Consumer Product Safety Commission (CPSC) each year. Certain products are more dangerous than others, so they must be removed from stores and taken back from consumers.

Hazardous weather shuts down highway, causes major pileups

Dozens of spin-outs and crashes along with a 17-car crash shut down Interstate 694, according to a Feb. 10 report, after a snowstorm shocked the interstate. The interstate shut down between Rice Street and Victoria Street as a result of multi-vehicle crashes.

While there were no life-threatening injuries, people were left stranded, possibly injured, as they spun out, slid into one another or slammed into each other as they lost control. As a result of the horrible weather conditions, The Minnesota State Highway Patrol had to respond to over a dozen collisions. The North St. Paul Police asked people to stay home to avoid causing further collisions. Both I-694 and 94 were closed due to crashes.

What benefits should you receive from workers' compensation?

Workers' compensation in Minnesota is similar to workers' compensation elsewhere. Like other states, if you're hurt on the job, then workers' compensation should cover your injuries with a few exceptions.

Employers in Minnesota are required to carry workers' compensation and can be penalized for failing to carry this vital insurance. The insurance covers illnesses and injuries that result from working no matter who is at fault.

MN Supreme Court reaches landmark sports injury liability decision

Julie Soderberg suffered severe injuries January 3d, 2016 while employed as a ski instructor for Spirit Mountain recreational area near Duluth. She was instructing a small child while descending 4-Pipe, a green run on which only slow skiing was permitted. At that same time, defendant snow-boarder entered 4-Pipe from an adjacent trail higher on the run from Ms. Soderberg's location.

As defendant cleared a hillock just above Ms. Soderberg's location, he performed a "blind 180" maneuver that temporarily prevented him from seeing down the run. At that same moment, Ms. Soderberg was sheparding her five-year-old student along that side of the run, facing down the run, near a large sign warning "slow skiing". She never saw defendant before being struck in the back by him. Ms. Soderberg sustained severe, disabling injuries and has not worked since.

Premises liability: Know your rights as a visitor

When you're on another person's property, you have a right to be safe. You were invited to their home, their business or to another facility, so it's their responsibility to make sure that you are taken care of when you're there. That means not having any obvious hazards and making sure the premises is maintained in a way that prevents injuries.

If there are hazards, they should be marked. With notification, most people can avoid getting hurt when they come across hazards such as uneven terrain, slick floors or others. Without notice, people could trip and fall, hit their heads or suffer other injuries as a result.

4-vehicle crash slows traffic in Minnesota

Car crashes are common on highways, and they often result in victims suffering severe injuries as a result of high speeds and multiple impacts. A good example of this is a multiple-vehicle collision that occurred on Jan. 3. The crash, which occurred in the morning hours, resulted in several injuries.

Multiple vehicles were involved in a crash on Northbound Interstate 35. The crash, which happened near the Mesaba Avenue exit, brought the highway to a near-stop when four vehicles collided with each other.

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