What Is the Deadline for Filing a Workers’ Compensation Claim in Minnesota?

If you’ve been injured on the job here in Minnesota, contact a St. Paul workers’ comp lawyer as quickly as you can to get started filing your claim properly so you can maximize the compensation you get. Here’s some information about the deadlines and a few other frequently asked questions.

What Is the Deadline for Filing a Workers’ Compensation Claim in Minnesota?

In our state, you have 180 days to file your claim, starting from the date you were injured. There are some times when this deadline can be extended, but you should not count on that extension. All other things being equal, the longer you wait, the more difficult it becomes to get everything that you are due and the higher the risk of having your claim denied.

If you report within 14 days, your employer cannot deny you benefits if the claim is filed properly and is truthful. If you wait 15 days up to 30 days, your employer can deny the claim for late reporting, but only if they can prove that they were harmed by the late report. If you wait until after 31 days, there’s now a greater chance that your employer can deny the claim. However, if you can show that you didn’t report more quickly because you made a mistake, were unaware of certain facts, were not able to make the claim due to a factor outside of your control (such as an injury), or because of fraud or dishonesty on the part of the employer, they cannot deny the claim.

If you report 181 days or more late, your claim will almost certainly be denied, except under specific circumstances. Essentially, you would have to show that you were completely mentally or physically incapacitated and therefore unable to give a notice of injury.

Possible Extensions

If the insurance company denies your benefits initially, you then have more time to pursue the case. You don’t have to get it all sorted out within 180 days. After a denial, you have up to three years in most cases to file a claim with the Minnesota Department of Labor and Industry.

There are also some possible extensions for those who have repetitive strain injuries. Since these injuries are not caused by a one-time injury event, you may not realize the extent of the injury immediately. The law here requires you to give notice within 180 days of it becoming “reasonably apparent” that the injury is caused by work.

What Does Worker’s Comp Get Me?

Workers compensation provides three types of benefits: medical, wage-loss, and rehabilitation (if necessary).

Medical

For medical benefits, the law requires that you be reimbursed for all reasonable and necessary treatments, medications, and supplies that are required either to completely cure you or to “relieve the effect” of the work injury if it’s not possible to actually experience a complete return to normal. This could include not just traditional medical help but also treatments by chiropractors, podiatrist, physical therapists, and psychologists.

Wage-Loss

Your wage-loss benefits are designed to provide you with a certain percentage of your wages during the time that you are either unable to work at all or unable to work the hours or position you previously had. How much you get will depend on your situation, but in general, you should expect about 80% of your typical wages. If you are able to work part-time or at a lower paying position, workers’ comp would reimburse you for 80% of the difference between what you’re currently making and what you were making before. There are also permanent benefits available if you are unable to return to work at all or experience a permanent disability.

Rehabilitation

Rehab rehabilitation services are benefits designed to help you get back to work. If you can’t go back to your previous job for some reason, then your employer and insurer will work together with a qualified rehabilitation consultant to get you the services you need to move forward. If possible, they will work with your employer to modify your job duties so that they fit what you’re now able to do. If that’s not possible, the rehab rehabilitation consultant can also help you train for a new job.

Can I Get Treatment From My Own Doctor After an Injury?

The law does generally allow you to choose your own doctor, even if you’ve been injured at work. However, in some cases, your employer can require that you get treatment and supplies from a managed care plan, as long as it is properly certified. Your employer may also be part of a collective bargaining agreement that has an agreement in place limiting treatment in these situations to a certain list of healthcare providers. Your employer can require you to get all of your outpatient medications from a pharmacy within their network, as long as that pharmacy is located within 15 miles of your home.

Bear in mind, however, that you may be asked to undergo an independent medical examination, referred to as an IME. Your employer or their insurer may require this if there is a difference of opinion about what your treatment should be and how it is affecting your job. Either the insurance carrier or your employer, if they are self-insured, has the right to request an IME and choose the doctor, so long as the time and place is reasonable and the examination can be done within 150 miles of your residence. All costs for the IME must be born by the insurer or the employer. They must also reimburse you for any costs you incurred to attend the examination, such as for gas.

What Can My Workers’ Comp Lawyer Do If My Claim Gets Denied?

What you do at this point depends on the nature of the denial. If you’ve been completely denied, you would want to call your lawyer right away, and your lawyer will contact the claims adjuster and try to work everything out. Sometimes, an outright denial is due to something minor that can easily be fixed. Maybe you didn’t submit an important piece of information, or maybe a date was placed wrong on the paper. It’s not inconceivable that the claims adjuster actually meant to accept the claim and accidentally sent out the wrong form! Don’t panic until you’ve had your lawyer look into it, as these denials are often fixed with a little give and take.

If the matter still isn’t resolved, your next option is to approach the Department of Labor and Industry and see about alternative dispute resolution. This is a non-adversarial way for two parties to constructively discuss something they can’t agree on, and this may be able to resolve the issue. You can also appeal the denial to the government with an official form, and you should always have your lawyer help you do this for the best results.

There’s more that can be done, and your lawyer can help you to understand all the options and step through them as smoothly and quickly as possible to minimize any delay in getting the compensation you need.

If you’ve been injured on the job, contact the Atkinson Gerber Law Office in St. Paul and Minneapolis, MN for experienced help.