MINNESOTA WORKERS COMPENSATION LAWYER- REPORTING A WORK INJURY
The Minnesota Workers Compensation Lawyers at Schmidt Salita Law Team direct your attention to information from the Minnesota Department of Labor and Industry which details the process of reporting a work related injury.
Reporting a Work Injury
When you are injured, tell your employer right away
If you are injured on the job, you must report the injury to your employer as soon as possible. The workers’
compensation law has deadlines for reporting your injury to your employer. If you do not tell your employer
about the injury by these deadlines your claim might be denied.
Deadlines for telling your employer about the injury
Within 14 days – If you tell your employer within 14 days after your injury, your notice is on time. The employer
cannot deny your workers’ compensation claim because you gave late notice of the injury.
Fifteen to 30 days – If you tell your employer between 15 and 30 days after your injury, your employer is
allowed to deny your claim because of late notice only if your employer shows it has been prejudiced (harmed)
by the delay.
Thirty-one to 180 days – If you tell your employer between 31 and 180 days after your injury, your employer is
allowed to deny your claim for late notice unless the delay in telling your employer about the injury is due to:
• your mistake, inadvertence, ignorance of fact or law, or your inability to give notice; or
• fraud, misrepresentation or deceit (dishonesty) by your employer or your employer’s agent.
If you delayed reporting the injury for one of the reasons listed above, your employer is allowed to deny
workers’ compensation benefits because of late notice only if your employer shows it has been prejudiced by
More than 180 days – If you tell your employer more than 180 days after your injury, no workers’ compensation
benefits are allowed unless you did not give notice because you were mentally or physically incapacitated. But
you must notify your employer within 180 days after you are no longer incapacitated.
If you didn’t notify your employer because your supervisor was aware
If your employer has actual knowledge of your injury, you are not required to give additional notice. For
example, if your supervisor saw you get injured, your employer can’t deny workers’ compensation benefits
because you did not give notice on time. But, your employer does not have to see an injury happen to have
actual knowledge of it. Under the law, an employer also has actual knowledge of an injury if it knows facts and
circumstances that would make a reasonable person ask whether the disability or injury is work-related.
If you are not sure whether your employer actually knows about your injury, it is best to notify your employer in
writing to be sure.
If you didn’t notify because you were unaware it was a work comp claim
- Sometimes injuries are not the result of a sudden accident at work, but instead happen gradually over time. An
example of this is where repetitive work activities cause an injury after weeks, months or years, eventually
resulting in disability. Under the law, if an injury happens gradually over time, you must notify your employer of
the injury within 180 days after it becomes reasonably apparent to you that the injury has resulted in, or is likely
to cause, a compensable disability.
- Another example is where your injury is initially so minor you do not recognize it as a compensable work injury.
In these cases, the courts will look at when the employee should have recognized the seriousness of the injury
and that it is probably payable as workers’ compensation.
- The date that an employee has enough information to trigger the duty to notify the employer of a possible work
injury will depend on the facts of each case. If you suspect your injury may have been caused by or worsened by
your work activities, it is best to talk to your doctor and notify your employer as soon as possible.
Your employer cannot fire you for reporting a work injury
- Minnesota law allows an employee to sue an employer for damages if the employer fires, threatens to fire or
intentionally obstructs (blocks) an employee from seeking workers’ compensation benefits.
If you have an injury covered by workers’ compensation and your employer is unable to find work for you within
any restrictions your doctor has given, workers’ compensation benefits (including vocational rehabilitation) are
available. If your employer is unwilling to make any accommodations, you may have legal rights under the
Americans with Disabilities Act or the Minnesota Human Rights law.
If your employer does not report the injury to the insurance company
It is the employer’s responsibility to report injuries to the insurance company, but there are steps an employee
can take if the reporting is not done.
The first step is to make sure you give your employer notice of the injury in writing and keep a copy of the
written notice. Also keep a record of the dates you discussed your injury with your employer.
If your employer does not complete a report and does not tell you the name of its workers’ compensation
insurer, you can find out the insurer by checking the area in your workplace where employee information is
posted. Your employer is required to post your workers’ compensation rights and responsibilities and the name
of its insurer. You can also look up the name of your employer’s insurance company online at
http://www.inslookup.doli.state.mn.us or call the Department of Labor and Industry’s insurance verification
request line at (651) 284-5170 (you’ll need your employer’s name and address and the date of your injury). You
can then contact the insurer to be sure the report has been completed.
After you report your injury to your employer
Your employer must report a work injury that requires medical treatment or that involves lost time from work to
its workers’ compensation insurer. If your employer is self-insured for workers’ compensation, the injury must
be reported to the employer’s workers’ compensation administrator. If you are wholly or partially unable to
work for more than three calendar days, or if you have permanent loss of use or function of part of your body
due to the injury, your employer’s workers’ compensation insurance company is required to report your injury
on a First Report of Injury form to the Workers’ Compensation Division of the Minnesota Department of Labor
and Industry within 14 days of its occurrence. (There are shorter reporting times for serious injuries and
fatalities.) If you are part of a union, your employer must also send a copy of the First Report of Injury form to
your local union office. Your employer (or its insurer) must give you a copy of the First Report of Injury form,
along with a workers’ compensation employee information sheet.
How to know if your workers’ compensation claim is accepted
If you have been wholly or partially disabled for more than three calendar days, or if you have permanent loss of
use or function due to the injury, the insurer or administrator must file another form with the Department of
Labor and Industry, the Notice of Insurer’s Primary Liability Determination. Your insurer must also send you a
copy of this form, which will tell you whether your claim is accepted or denied. If the insurer accepts liability for
your claim and you have been disabled for more than three calendar days, the insurer must start paying any
wage-loss benefits within 14 days of the date your employer knew about your work injury and lost wages. The
insurer must pay wage-loss benefits at the same intervals as your work paychecks.
If your claim is denied
If your claim is denied, the insurer must send you a Notice of Insurer’s Primary Liability Determination form,
which must explain the facts and reasons why the insurer is denying your claim. If it is easily available, you may
provide the insurer with more information that will assist in resolving the issue. Otherwise, you may file a Claim
Petition form with the Department of Labor and Industry or contact an attorney for assistance. Your Claim
Petition must be filed within three years of when the First Report of Injury was filed with the department or
within six years of the date of injury if no report was filed with the department. Otherwise, the law will probably
not allow your claim because of the statute of limitations.
MINNEAPOLIS INJURY LAWYER-Top Rated, Experienced, Successful.
The Schmidt Salita Law Team is a 5 star rated, AV rated personal injury and wrongful death law firm. The Team’s lawyers have 70 years of experience in over 10,000 successful cases throughout the State of Minnesota in both the Minnesota State Courts and the U.S. District Courts in Minnesota.
MINNEAPOLIS INJURY LAWYER-Experienced, competent staff.
The lead lawyers are Douglas Schmidt and Dean Salita, supported by a large staff of associate lawyers and legal assistants. The staff also has over 70 additional years of experience in personal injury and wrongful death claims. The competency of the staff is very important. When an injured person hires a trial lawyer, they want a lawyer that is experienced and busy, often in court or hearings. That means that it is important that the staff be present to deal with the clients needs on a daily basis.
You Don’t Have to Go Downtown for a Great Lawyer.
Both Schmidt and Salita worked for many years in downtown law firms. They are acknowledged as among the best personal injury and wrongful death lawyers in the State of Minnesota. They have both left downtown Minneapolis in order to provide “downtown quality” legal services at locations more accessible to their injury clients. Many folks simply can’t negotiate the skyways and ramps of downtown Minneapolis or St. Paul. One of the mottos of the Schmidt Salita Law Team is “You Don’t Have To Go Downtown For a Great Injury Lawyer!”
Douglas Schmidt is a Highly Respected, Highly Rated Injury Lawyer With a Great Track Record of Success.
Schmidt is a highly respected attorney who has received many awards respecting the quality of his legal abilities and accomplishments. He has received the Award of Merit of the American Bar Association. He has twice received the Distinguished Service Award of the Minnesota Trial Lawyers Association, now the Minnesota Association of Justice. He has been rated AV by Martindale Hubbell for 35 years. He has served as visiting lecturer at the University of Minnesota Law School, William Mitchell Law School, and Gustavus Adolphus College. He has served as President of the Million Dollar Roundtable, lawyers with $1 million jury verdicts in personal injury cases.
Schmidt is the founder of Lawyers Against Drunk Driving (LADD). He is the founder and host of the West Metro Continuing Legal Education Consortium.
Dean Salita is Also Highly Respected and Highly Rated As a Personal Injury and Workers Compensation Lawyer.
Dean Salita is also a highly respected personal injury and wrongful death lawyer. He has been recognized as a Super Lawyer. He also is distinguished as one of the best workers compensation lawyers in the State of Minnesota. He currently serves as the Chair of the Workers Compensation Committee of the Minnesota Association of Justice. He has a great track record in bringing justice to the victims of personal injury and wrongful death with million dollar recoveries.
The Schmidt Salita Law Team Handles a Wide Variety of Personal Injury and Wrongful Death Claims.
The Schmidt Salita Law Team handles cases involving car accidents, trucking accidents, motorcycle accidents, pedestrian car accidents, and bicycle accidents. It has many years’ experience in workers , products liability and medical malpractice cases.
The Schmidt Salita Law Team has extensive experience with concussion injuries, traumatic brain injuries, neck and back injuries, whiplash injuries, broken bones, injured joint injuries (knee, hip, shoulder, wrist, ankle, spinal), amputation injuries, and vision and eye injuries.
The Schmidt Salita Law Team has offices through out the State of Minnesota. Its primary location is at Ridgedale Office Center in Minnetonka, near the intersection of I394 and I494. The offices are ground level, handicap accessible with ample parking.
The Schmidt Salita Team Offers Contingent Fee Arrangements.
The firm offers contingent fee agreements (You don’t pay lawyers fees until you collect and then only as a percentage of the settlement). It also offers home and hospital visits to clients whose injuries present difficulty in coming to the office.
“PERSONAL INJURY WITH PERSONAL ATTENTION TO EACH CASE”.
The Schmidt Salita Law Team has locations throughout the Twin Cities metropolitan area of Minneapolis and St. Paul, as well as Minnetonka, Maple Grove, Plymouth, Osseo, Anoka, Coon Rapids, Brooklyn Center, Fridley, Blaine, Shoreview, Woodbury, Falcon Heights, Columbia Park, Stillwater, Hastings, Inver Grove, Cottage Grove, South St. Paul, Apple Valley, Eagan, Burnsville, Savage, Shakopee, Richfield, Bloomington, Chaska, Chanhassen, Edina, Eden Prairie, and Hopkins.