Filing a Workers' Comp Claim 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).

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.

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.

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.

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.