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.
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.
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.
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 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.
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 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
https://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.
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.
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, 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.
The Schmidt Salita Law Team is a 5-star, 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.
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 who is experienced and busy, often in court or hearings. That means that it is important that the staff be present to deal with the client’s needs on a daily basis.
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!”
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 from 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 a 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 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 cases involving car accidents, trucking accidents, motorcycle accidents, pedestrian car accidents, and bicycle accidents. It has many years of experience in workers, product 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 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.
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, Stillwater, Hastings, Cottage Grove, South St. Paul, Apple Valley, Eagan, Burnsville, Savage, Shakopee, Richfield, Bloomington, Chaska, Chanhassen, Edina, Eden Prairie, and Hopkins.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Dean M. Salita, with more than 30 years of legal experience as a personal injury attorney.
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1600 Hopkins Crossroad
Minnetonka, MN 55305
Phone (952) 473-4530
Toll Free 1-800-656-8450
Fax (952) 544-1308