Legal Question in Personal Injury in Minnesota

employer won't pay medical bills -- company drinking led to accident

In a nutshell: Was uninsured, injured and in a single car auto accident in MN after drinking at

a company happy hour at a local bar in Dec 1999. Injuries resulted in permanent

facial scarring. I did have regular insurance through my employer, however they

refuse to pay, citing I should pay since I didnt have auto insurance. Claims

exceed 3K.

Accident included myself exclusively. Interested in going after my employer and possibly the bar in MN. Do I have a case here? If so, is there a statue of limitations?


Asked on 1/17/02, 6:38 pm

1 Answer from Attorneys

Todd Johnson Johnson & Bannon

Re: employer won't pay medical bills -- company drinking led to accident

You most likely do not have a claim available. Worker's compensation would not apply since you were drinking and there is an exclusion for such behavior. Besides, it would probably not be considered work even though it was a "company" happy hour. Another problem would be the assumption of the risk that you took in drinking knowing that you were going to be driving. That would also most likely preclude a claim.

Finally, you are not able to sue the bar for serving you alcohol under Minnesota law. It is possible that if someone was dependent on your for economic benefits, i.e. a wife or child and you couldn't work because of the injuries, they would have a claim. The person drinking, however, does not.

About the only possibility would be if the company said you must go and you must drink as past of you employment even though we know you are going to be driving. This may be enough to bring a claim but it is still going to be very difficult to prove.

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Answered on 1/18/02, 9:03 am


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