Minnesota Workers' Compensation: Deadlines, Benefits and How to File
Minnesota workers' comp rules: who must carry it, deadlines to report and file, weekly benefit rate and maximum, choosing a doctor, appeals and retaliation.
Quick answers for Minnesota
- Deadline to report the injury
- Give the employer written notice of the injury within 14 days, unless the employer already knows. If notice is not given within 14 days, no compensation is due until notice is given or the employer learns of the injury. Minn. Stat. § 176.141
- Deadline to file a claim
- An injured worker must start proceedings to recover compensation within three years after the employer's written report of the injury is made to the Department of Labor and Industry, but no later than six years from the date of the accident. Minn. Stat. § 176.151
- Weekly benefit rate
- Temporary total disability benefits are 66 2/3% (two-thirds) of the worker's weekly wage at the time of injury, subject to the state minimum and maximum. Minn. Stat. § 176.101, subds. 1, 2
- Maximum weekly benefit
- For injuries on or after October 1, 2026, the maximum weekly compensation rate is $1,594.08 and the minimum is $318.82 (or the worker's actual wage, if less), based on a statewide average weekly wage of $1,476. Minn. Stat. § 176.101, subd. 1; Department of Labor and Industry, Common Minnesota workers' compensation benefit adjustments chart
Last verified: 2026-10-27
Coverage and deadlines
| Which employers must carry it | All employers must either buy workers' compensation insurance or get approval to self-insure. There is no minimum number of employees, so an employer with only one part-time employee generally must provide coverage. The law excludes certain people, including: employees of a family farm (as defined in law); sole proprietors, farm and business partners, and their spouses, parents and children; some executive officers owning at least 25% of a small closely held corporation and some small LLC managers; casual workers whose work is not in the usual course of the employer's business; independent contractors; and household workers earning less than $1,000 in cash in a three-month period from one household. Many excluded owners may choose to buy coverage. Statute: https://www.revisor.mn.gov/statutes/cite/176.041 Source: Minn. Stat. §§ 176.041, 176.181 |
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| Deadline to report the injury | Give the employer written notice of the injury within 14 days, unless the employer already knows. If notice is not given within 14 days, no compensation is due until notice is given or the employer learns of the injury. Notice or knowledge within 30 days preserves the claim unless the employer shows it was harmed by the defect. Notice within 180 days can still be accepted if the delay was due to mistake, ignorance of fact or law, inability, or the employer's fraud, but benefits may be reduced if the employer was harmed. Without notice or knowledge within 180 days, no compensation is allowed (with an extension for a worker who was mentally or physically unable to give notice). Source: Minn. Stat. § 176.141 |
| Deadline to file a claim | An injured worker must start proceedings to recover compensation within three years after the employer's written report of the injury is made to the Department of Labor and Industry, but no later than six years from the date of the accident. For occupational diseases (including radiation injuries), the worker must give notice and start an action within three years after learning the cause of the injury and the injury has resulted in disability. For death claims, dependents generally have three years after the department receives the employer's written notice of death, up to six years. Limits are extended three years after a physical or mental incapacity (other than being a minor) ends. Source: Minn. Stat. § 176.151 |
| Waiting period | No wage-loss benefits are paid for the first three calendar days of disability. If the disability lasts 10 calendar days or longer, benefits are paid back to the first day of disability. Any lost time, even part of a day, counts as the first day of disability, and the days are counted as consecutive calendar days, not workdays. Department explanation: https://www.dli.mn.gov/business/workers-compensation/work-comp-disability-benefits-waiting-period Source: Minn. Stat. § 176.121 |
Benefits
| Weekly benefit rate | Temporary total disability benefits are 66 2/3% (two-thirds) of the worker's weekly wage at the time of injury, subject to the state minimum and maximum. Temporary total benefits generally stop after 130 weeks (unless the worker is in an approved retraining plan), 90 days after the worker is told of maximum medical improvement, on return to work, or in other listed situations. Temporary partial disability benefits are two-thirds of the difference between the pre-injury wage and current earnings, generally for no more than 275 weeks or past 450 weeks after the injury. |
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| Maximum weekly benefit | For injuries on or after October 1, 2026, the maximum weekly compensation rate is $1,594.08 and the minimum is $318.82 (or the worker's actual wage, if less), based on a statewide average weekly wage of $1,476. For October 1, 2025 through September 30, 2026, the maximum was $1,536.84 and the minimum $307.37. By statute, the maximum is 108% of the statewide average weekly wage and the minimum is 20% of the maximum, adjusted each October 1. |
| How long benefits last | Temporary total disability benefits stop entirely once 130 weeks have been paid (the limit does not run while the worker is in an approved retraining plan), and they also generally stop 90 days after the worker has reached maximum medical improvement, counted from when the worker receives or is served the written MMI report. Temporary partial disability benefits may not be paid for more than 275 weeks, or after 450 weeks from the date of injury, whichever comes first. Permanent total disability benefits end at age 72; for a worker injured after age 67, they end after five years of benefits have been paid. Limited exceptions apply under the rehabilitation statute. |
| Permanent disability | Permanent partial disability (PPD) pays for permanent loss of use of a body part. A doctor rates the impairment as a percentage of the whole body under department rules, and that percentage is multiplied by a dollar amount from a statutory table. PPD is paid after temporary total disability ends, either in installments or, on request, as a lump sum. Permanent total disability (for example, loss of sight in both eyes, complete paralysis, or an injury that totally and permanently prevents gainful work and meets other criteria) pays two-thirds of the wage at the time of injury, with the same maximum as temporary total disability and a minimum of 65% of the statewide average weekly wage; after $25,000 has been paid, it is reduced by certain government disability and retirement benefits. The PPD dollar table in subd. 2a was amended by 2026 legislation (Chapter 103); check the current statute and its effective date. |
| Death benefits | If a work injury causes death, dependents may receive weekly benefits based on the worker's wage. For example, a dependent spouse with no dependent children receives 50% of the weekly wage for ten years; a spouse with one dependent child receives 60%, and with two dependent children 66 2/3%, until the children are no longer dependents, followed by a reduced spouse benefit for ten years. Combined workers' compensation and government survivor benefits may not exceed 100% of the worker's weekly wage. The employer must also pay burial expenses up to $15,000. For injuries on or after April 28, 2000, if there are no dependents, a payment is made to the estate. Estate payment described in the department's employee guide. |
Doctors, filing, settlements and appeals
| Choosing a doctor | The worker may generally choose his or her own health care provider, with some exceptions if the employer or insurer uses a certified managed care plan. After selecting a primary provider, the worker may change primary providers once within the first 60 days after treatment begins without approval. After that, further changes need approval from the insurer, the department, or a workers' compensation judge, except for transfers beyond the worker's control (such as the doctor retiring or a referral). Department guide: https://www.dli.mn.gov/sites/default/files/pdf/eeguide2wc.pdf |
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| How to file | The employer reports the injury to the insurer. If the insurer denies the claim, it must send a Notice of Insurer's Primary Liability Determination explaining why. A worker who disagrees can file an Employee's Claim Petition with the Court of Administrative Hearings; proceedings are started by filing a written petition on a prescribed form. If the insurer plans to stop wage-loss benefits, it must send a Notice of Intention to Discontinue (NOID); the worker can request an administrative conference within 12 days. The Department of Labor and Industry's help desk and alternative dispute resolution services can also help. |
| Settlements | Yes. A claim can be settled by a written agreement signed by the parties and any intervenors. If a party has no lawyer, the settlement is valid only after the Commissioner of Labor and Industry or a compensation judge approves it and makes an award; the parties must show the settlement is reasonable, fair and in conformity with the workers' compensation law. When both sides have lawyers, the settlement is conclusively presumed reasonable and fair, except that a full and final settlement of future medical benefits or of rehabilitation still needs approval by the Commissioner or a compensation judge. The Workers' Compensation Court of Appeals may set aside a settlement award on a party's petition. Source: Minn. Stat. §176.521 |
| Appealing a denial | A claim petition is heard by a compensation judge. A party may appeal the judge's decision to the Workers' Compensation Court of Appeals within 30 days after being served with notice of the award or order; the court may extend this by up to 30 more days if cause is shown within the original 30 days. Grounds include errors of law and findings that are clearly erroneous and unsupported by substantial evidence. Source: Minn. Stat. § 176.421 |
| Deadline to challenge a denial | When there is a dispute over a claim, a party files a claim petition with the Office of Administrative Hearings on the commissioner's form and serves it on the other parties. After a compensation judge decides, a party may appeal to the Workers' Compensation Court of Appeals within 30 days after being served with notice of the award or order; the court may extend this by up to 30 more days if cause is shown within the original 30 days. §176.291: https://www.revisor.mn.gov/statutes/cite/176.291 |
| Retaliation for filing | Anyone who fires or threatens to fire an employee for seeking workers' compensation benefits, or intentionally obstructs an employee seeking benefits, can be sued for the employee's damages, costs and reasonable attorney fees, plus punitive damages of up to three times the compensation benefit. Separately, an employer (other than one with 15 or fewer full-time equivalent employees) that refuses without reasonable cause to offer continued employment within the worker's physical limits, when such work is available, is liable for up to one year's wages, capped at $15,000. Source: Minn. Stat. § 176.82 |
| Filing or checking a claim online | In Minnesota, tell your employer about a work injury immediately; your employer completes the First Report of Injury (FROI) form and sends it to its workers' compensation insurer. For benefit questions, call the insurer's claim adjuster. If a claim is denied, you can contact a Department of Labor and Industry (DLI) Alternative Dispute Resolution specialist or file an Employee's Claim Petition to request a hearing; if some benefits are paid, disputes over medical care or rehabilitation are filed with DLI as a Medical Request or Rehabilitation Request. To contest a Notice of Intention to Discontinue, request a conference with the Court of Administrative Hearings (651-361-7901). DLI dispute help: 651-284-5032 or 800-342-5354. |
| Lawyer fees in comp cases | A Minnesota workers' compensation attorney's fee is limited to 20% of the first $275,000 of compensation awarded, and all fees for the same injury are cumulative and may not exceed $55,000. For disputes without an ascertainable dollar value (such as a change of doctor or rehabilitation consultant), the fee is the hourly amount charged or $500, whichever is less. Fees within the 20% maximum do not require approval by the commissioner or a compensation judge; fee disputes can be reviewed under the statute. Source: Minn. Stat. 176.081, subd. 1 |
Lawsuits and uninsured employers
| Suing your employer | An employer's workers' compensation liability is exclusive and replaces any other liability to the worker, family or others claiming damages for the injury or death. If a private employer fails to insure or self-insure, the worker (or dependents) may choose to claim compensation or sue the employer for damages, and the employer cannot defend by blaming a co-worker, assumption of risk, or the worker's negligence unless it was willful. A co-employee is not liable unless the injury resulted from the co-employee's gross negligence or was intentionally inflicted. §176.061: https://www.revisor.mn.gov/statutes/cite/176.061 |
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| Suing someone other than your employer | When someone other than the employer is legally liable, the worker, the employer or the special compensation fund may sue that party despite the payment of benefits. From the recovery, collection costs (including attorney fees) come off first, one-third of the rest goes to the worker free of subrogation, and the employer or fund is then reimbursed for benefits paid. A settlement with the third party is not valid unless the employer gets prior notice, and the worker must serve the employer or insurer with a copy of the complaint and notice of trial. |
| If your employer has no workers' comp | If a private employer has no workers' compensation insurance or self-insurance, the injured worker still receives benefits from the Special Compensation Fund. After a hearing, the compensation judge orders the uninsured employer to repay all benefits and the fund's costs plus a penalty of 65% of all benefits, and the award is a lien on the employer's property; owners or officers who direct employees are treated as the employer. The worker may instead choose to sue the uninsured employer for damages. §176.031: https://www.revisor.mn.gov/statutes/cite/176.031 |
Where to get help in Minnesota
Workers' Compensation FAQ
Which employers must have workers' comp in Minnesota?
All employers must either buy workers' compensation insurance or get approval to self-insure. There is no minimum number of employees, so an employer with only one part-time employee generally must provide coverage. The law excludes certain people, including: employees of a family farm (as defined in law); sole proprietors, farm and business partners, and their spouses, parents and children; some executive officers owning at least 25% of a small closely held corporation and some small LLC managers; casual workers whose work is not in the usual course of the employer's business; independent contractors; and household workers earning less than $1,000 in cash in a three-month period from one household. Many excluded owners may choose to buy coverage.
How long do you have to report a work injury in Minnesota?
Give the employer written notice of the injury within 14 days, unless the employer already knows. If notice is not given within 14 days, no compensation is due until notice is given or the employer learns of the injury. Notice or knowledge within 30 days preserves the claim unless the employer shows it was harmed by the defect. Notice within 180 days can still be accepted if the delay was due to mistake, ignorance of fact or law, inability, or the employer's fraud, but benefits may be reduced if the employer was harmed. Without notice or knowledge within 180 days, no compensation is allowed (with an extension for a worker who was mentally or physically unable to give notice).
What is the deadline to file a workers' comp claim in Minnesota?
An injured worker must start proceedings to recover compensation within three years after the employer's written report of the injury is made to the Department of Labor and Industry, but no later than six years from the date of the accident. For occupational diseases (including radiation injuries), the worker must give notice and start an action within three years after learning the cause of the injury and the injury has resulted in disability. For death claims, dependents generally have three years after the department receives the employer's written notice of death, up to six years. Limits are extended three years after a physical or mental incapacity (other than being a minor) ends.
Is there a waiting period for workers' comp in Minnesota?
No wage-loss benefits are paid for the first three calendar days of disability. If the disability lasts 10 calendar days or longer, benefits are paid back to the first day of disability. Any lost time, even part of a day, counts as the first day of disability, and the days are counted as consecutive calendar days, not workdays.
How much does workers' comp pay in Minnesota?
Temporary total disability benefits are 66 2/3% (two-thirds) of the worker's weekly wage at the time of injury, subject to the state minimum and maximum. Temporary total benefits generally stop after 130 weeks (unless the worker is in an approved retraining plan), 90 days after the worker is told of maximum medical improvement, on return to work, or in other listed situations. Temporary partial disability benefits are two-thirds of the difference between the pre-injury wage and current earnings, generally for no more than 275 weeks or past 450 weeks after the injury.
What is the maximum workers' comp benefit in Minnesota?
For injuries on or after October 1, 2026, the maximum weekly compensation rate is $1,594.08 and the minimum is $318.82 (or the worker's actual wage, if less), based on a statewide average weekly wage of $1,476. For October 1, 2025 through September 30, 2026, the maximum was $1,536.84 and the minimum $307.37. By statute, the maximum is 108% of the statewide average weekly wage and the minimum is 20% of the maximum, adjusted each October 1.
Can you choose your own doctor for workers' comp in Minnesota?
The worker may generally choose his or her own health care provider, with some exceptions if the employer or insurer uses a certified managed care plan. After selecting a primary provider, the worker may change primary providers once within the first 60 days after treatment begins without approval. After that, further changes need approval from the insurer, the department, or a workers' compensation judge, except for transfers beyond the worker's control (such as the doctor retiring or a referral).
How does permanent disability work under workers' comp in Minnesota?
Permanent partial disability (PPD) pays for permanent loss of use of a body part. A doctor rates the impairment as a percentage of the whole body under department rules, and that percentage is multiplied by a dollar amount from a statutory table. PPD is paid after temporary total disability ends, either in installments or, on request, as a lump sum. Permanent total disability (for example, loss of sight in both eyes, complete paralysis, or an injury that totally and permanently prevents gainful work and meets other criteria) pays two-thirds of the wage at the time of injury, with the same maximum as temporary total disability and a minimum of 65% of the statewide average weekly wage; after $25,000 has been paid, it is reduced by certain government disability and retirement benefits.
What workers' comp death benefits are available in Minnesota?
If a work injury causes death, dependents may receive weekly benefits based on the worker's wage. For example, a dependent spouse with no dependent children receives 50% of the weekly wage for ten years; a spouse with one dependent child receives 60%, and with two dependent children 66 2/3%, until the children are no longer dependents, followed by a reduced spouse benefit for ten years. Combined workers' compensation and government survivor benefits may not exceed 100% of the worker's weekly wage. The employer must also pay burial expenses up to $15,000. For injuries on or after April 28, 2000, if there are no dependents, a payment is made to the estate.
How do you file a workers' comp claim in Minnesota?
The employer reports the injury to the insurer. If the insurer denies the claim, it must send a Notice of Insurer's Primary Liability Determination explaining why. A worker who disagrees can file an Employee's Claim Petition with the Court of Administrative Hearings; proceedings are started by filing a written petition on a prescribed form. If the insurer plans to stop wage-loss benefits, it must send a Notice of Intention to Discontinue (NOID); the worker can request an administrative conference within 12 days. The Department of Labor and Industry's help desk and alternative dispute resolution services can also help.
How do you appeal a denied workers' comp claim in Minnesota?
A claim petition is heard by a compensation judge. A party may appeal the judge's decision to the Workers' Compensation Court of Appeals within 30 days after being served with notice of the award or order; the court may extend this by up to 30 more days if cause is shown within the original 30 days. Grounds include errors of law and findings that are clearly erroneous and unsupported by substantial evidence.
Can you be fired for filing workers' comp in Minnesota?
Anyone who fires or threatens to fire an employee for seeking workers' compensation benefits, or intentionally obstructs an employee seeking benefits, can be sued for the employee's damages, costs and reasonable attorney fees, plus punitive damages of up to three times the compensation benefit. Separately, an employer (other than one with 15 or fewer full-time equivalent employees) that refuses without reasonable cause to offer continued employment within the worker's physical limits, when such work is available, is liable for up to one year's wages, capped at $15,000.
How long can you receive workers' comp in Minnesota?
Temporary total disability benefits stop entirely once 130 weeks have been paid (the limit does not run while the worker is in an approved retraining plan), and they also generally stop 90 days after the worker has reached maximum medical improvement, counted from when the worker receives or is served the written MMI report. Temporary partial disability benefits may not be paid for more than 275 weeks, or after 450 weeks from the date of injury, whichever comes first. Permanent total disability benefits end at age 72; for a worker injured after age 67, they end after five years of benefits have been paid. Limited exceptions apply under the rehabilitation statute.
How do workers' comp settlements work in Minnesota?
Yes. A claim can be settled by a written agreement signed by the parties and any intervenors. If a party has no lawyer, the settlement is valid only after the Commissioner of Labor and Industry or a compensation judge approves it and makes an award; the parties must show the settlement is reasonable, fair and in conformity with the workers' compensation law. When both sides have lawyers, the settlement is conclusively presumed reasonable and fair, except that a full and final settlement of future medical benefits or of rehabilitation still needs approval by the Commissioner or a compensation judge. The Workers' Compensation Court of Appeals may set aside a settlement award on a party's petition.
How do I file or check a workers' comp claim online in Minnesota?
In Minnesota, tell your employer about a work injury immediately; your employer completes the First Report of Injury (FROI) form and sends it to its workers' compensation insurer. For benefit questions, call the insurer's claim adjuster. If a claim is denied, you can contact a Department of Labor and Industry (DLI) Alternative Dispute Resolution specialist or file an Employee's Claim Petition to request a hearing; if some benefits are paid, disputes over medical care or rehabilitation are filed with DLI as a Medical Request or Rehabilitation Request. To contest a Notice of Intention to Discontinue, request a conference with the Court of Administrative Hearings (651-361-7901). DLI dispute help: 651-284-5032 or 800-342-5354.
How much can a workers' comp lawyer charge in Minnesota?
A Minnesota workers' compensation attorney's fee is limited to 20% of the first $275,000 of compensation awarded, and all fees for the same injury are cumulative and may not exceed $55,000. For disputes without an ascertainable dollar value (such as a change of doctor or rehabilitation consultant), the fee is the hourly amount charged or $500, whichever is less. Fees within the 20% maximum do not require approval by the commissioner or a compensation judge; fee disputes can be reviewed under the statute.
Can you sue your employer for a work injury in Minnesota?
An employer's workers' compensation liability is exclusive and replaces any other liability to the worker, family or others claiming damages for the injury or death. If a private employer fails to insure or self-insure, the worker (or dependents) may choose to claim compensation or sue the employer for damages, and the employer cannot defend by blaming a co-worker, assumption of risk, or the worker's negligence unless it was willful. A co-employee is not liable unless the injury resulted from the co-employee's gross negligence or was intentionally inflicted.
Can you sue a third party for a work injury in Minnesota?
When someone other than the employer is legally liable, the worker, the employer or the special compensation fund may sue that party despite the payment of benefits. From the recovery, collection costs (including attorney fees) come off first, one-third of the rest goes to the worker free of subrogation, and the employer or fund is then reimbursed for benefits paid. A settlement with the third party is not valid unless the employer gets prior notice, and the worker must serve the employer or insurer with a copy of the complaint and notice of trial.
What if my employer doesn't have workers' comp insurance in Minnesota?
If a private employer has no workers' compensation insurance or self-insurance, the injured worker still receives benefits from the Special Compensation Fund. After a hearing, the compensation judge orders the uninsured employer to repay all benefits and the fund's costs plus a penalty of 65% of all benefits, and the award is a lien on the employer's property; owners or officers who direct employees are treated as the employer. The worker may instead choose to sue the uninsured employer for damages.
How long do you have to appeal a denied workers' comp claim in Minnesota?
When there is a dispute over a claim, a party files a claim petition with the Office of Administrative Hearings on the commissioner's form and serves it on the other parties. After a compensation judge decides, a party may appeal to the Workers' Compensation Court of Appeals within 30 days after being served with notice of the award or order; the court may extend this by up to 30 more days if cause is shown within the original 30 days.
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