Generally, if someone suffers a work injury, they are required to provide “notice” to their employer. Notice can be very basic, but should include at minimum a description of what happened, when it happened, and what body parts were injured. Providing Notice can come in many forms; verbally telling a supervisor, sending a written note or letter to a supervisor, completing an “accident report,” an e-mail to a supervisor, a text to a supervisor, or completing a First Report of Injury (FROI) are just some of the ways, and each of these ways are sufficient to meet the statutory Notice requirement.
However, from a perspective of protecting yourself, it is generally best to submit something in writing and then get or keep a copy of what you submit.
Minn. Stat. 176.141 addresses the Notice requirements in the Minnesota Workers’ Compensation Act. The employee does not need to give Notice of an injury to the employer if the employer has “actual knowledge.” An example of actual knowledge is having a supervisor actually witness the injury. Otherwise, it is important to provide Notice as soon as the injury is known by the employee, and written Notice is best to protect yourself. The statute states that Notice should be given within 30 days, but in no case later than 180 days following the date the employee knew (or should have known) of the injury.
It is important to know that it is not the injured workers’ responsibility according to the statute to complete a First Report of Injury (FROI); that is actually the employer’s responsibility to complete and submit to their insurer. So do not worry if you have not filled out nor been asked to fill out a FROI.
Providing Notice on an acute injury is pretty straight forward; injured workers often know immediately they suffer an injury and can and should report it right away. Problems often arise from a Notice standpoint from an incident that causes some pain that the employee thinks will go away (but eventually does not and in fact becomes worse), and also from injuries that are a result of minute cumulative trauma over time (these are called Gillette injuries). This is because it is sometimes days, weeks or even months before the employee finally seeks medical treatment and often they have not yet reported it as a work injury because either 1) they simply thought it would get better or 2) they do not know their condition is even caused by their work activities.
If this has happened to you, meaning that you have a condition that your doctors are telling is related to your work activities, but you have not yet reported a work injury, you should know that you should report your injury immediately and speak with an experienced workers’ compensation attorney to protect your rights to bring your claim.
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 ‘ compensation , 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.