What Should You Do If Your Employer Refuses to Report Your Injury in Minnesota?

Worker’s Compensation exists to protect people who are injured on the job, and in theory it’s all very straightforward. In reality though it can be very complicated. If you get injured, report the injury to the employer in WRITING and keep track of this. The employer should report it to Worker’s Comp. If the claim is admitted you will get coverage for your medical bills, a certain percentage of your lost wages, etc. But what happens when your employer refuses to report your injury? You should call a Worker’s Compensation attorney in St. Paul immediately if this has happened to you.

What Should You Do If Your Employer Refuses to Report? Advice From a Worker’s Compensation Attorney in St. Paul

Sorting Out Responsibilities

In Minnesota, when the employer knows of an injury at work, or when their employee tells them about their injury at work, the employee and employer should ideally work together to fill out the Minnesota First Report of Injury form. The employer is responsible for filing this with the Worker’s Comp insurer. The time limit for filling this out and sending it depends on the injury. For serious injuries and deaths, it must be done within 48 hours. For more minor injuries that caused time lost from work, the deadline is usually 10 days.

Any injury should be reported. Your employer should give you a copy of this form. Take a picture of it with your phone if you have doubts about whether they will give you a copy of the form. If your employer refuses to fill out this form, or if you’re just not sure they are doing so, take the following steps:

1. Ask Directly

The first step is always just to tell your employer directly that you would like to work with them to fill out the required form. Sometimes, an employer may just have forgotten to do it. At other times, they may believe that the injury is minor and so the form is not necessary. Once they know that you wish to file anyway, they should be happy to report it. In some cases, they may be trying to get away with not having to file, but if they know that you are paying attention, they will backtrack and fulfill their responsibilities. Keeping track of written notices of injury can be vital.

2. Talk to a Lawyer

If your employer refuses to file the form after being directly asked to do so, you should contact an attorney right away. It may be that your employer is going to try to argue that the injury did not happen in the workplace or that it is not serious enough to warrant Worker’s Comp. If your lawyer contacts your employer, this is often a next step that will make an employer think twice.

They now know that you’re serious about getting the compensation you deserve, and they also know you have the legal assistance you need to see this through. There are penalties for employers who refuse to file for Worker’s Comp according to the law, and if they persist in their refusal, you may have the right to bring a lawsuit.

3. Report the Issue

If your employer is refusing to report, and especially if you’ve just found out after assuming they had already done so, it may feel like you’re out of options: but there are some things you and your lawyer can do. You can write to the insurance company directly that provides the Worker’s Comp for your employer, as well. You can also report the issue to the Minnesota Department of Labor and Industry. There are forms that you can use to do this yourself.

Your lawyer can also help you download and fill out the necessary reports on your own, and it’s important to do this before the statute of limitations expires so that you can get all the benefits you’re entitled to.

Why Is My Employer Refusing to File?

There are a couple of reasons an employer might refuse to file. The worst-case scenario is that they want to avoid responsibility for your injury. This is often the case when you’re dealing with an irresponsible or unscrupulous employer. Serious businesses know that Worker’s Comp is actually a win for them because it protects them from frivolous lawsuits and provides their employees with the best way to heal quickly.

Even a legitimate business, however, may refuse to file a claim if they suspect that your injury was not serious enough to justify a claim. They also make want to avoid liability later if things get worse. It is vitally important to get a lawyer on your side quickly to dispute their refusal.

What If the Insurer Denies Coverage?

If your employer has filed a claim but the insurer is denying it, you need an attorney. If this happens, the insurer should send you a Notice of Insurer’s Primary Liability Determination form clearly explaining that they are denying the claim and exactly why. If you disagree with this denial, it becomes a lot easier with an experienced Worker’s Comp attorney on your side. You can always talk to the claims adjuster to see if they will reconsider. This is very rare. If they maintain their denial, you’ll need to fill out more paperwork and request an administrative hearing. You may also need to get the Department of Labor involved.

It can all feel very overwhelming, especially if you’re trying to take care of all this on your own. Don’t let the difficulties stop you from pursuing the compensation which you deserve and need. An experienced attorney can help you to successfully navigate this admittedly complicated system.

At the Atkinson Gerber Law Office, we know how to help. Our founding attorney, Tom Atkinson, worked for large insurance companies across Minnesota for years. He knows how they think and the strategies they use to deny or devalue claims, and he brings special focus and experience to the table that we will put to work for you. Contact us today at the Atkinson Gerber Law Office at 6 Pinetree Drive in St. Paul or S 5th Street in Minneapolis at 651-333-3636.