In Minnesota, insurance companies follow a specific process for reporting the status of workers’ compensation claims to the Department of Labor and Industry, Workers’ Compensation Division. After certain events occur in your case, the insurance company must file a “Disability Status Report”.
The Department of Labor and Industry becomes aware of a workers’ compensation claim if a disability arising from a workplace injury lasts longer than three days. At this point, the insurance company must file the First Report of Injury with the Department. After that, the Disability Status Reports update the Department on the claim’s status.
Four events could trigger the need to file a Disability Status Report:
- A request for vocational rehabilitation services by you, the employer, or the insurer;
- The insurance company learns that you will be unable to return to work for at least 13 weeks;
- 90 days have passed since your injury and you have not returned to work;
- An approved waiver of vocational rehabilitation services has expired.
The Disability Status Report form requests detailed information about your injury, your average wage when you were injured, how long you have been disabled, and your work status. The insurer must notify the Department if anyone involved has requested a rehabilitation consultation. If the employee will be referred to a consultation, the insurer must list the Qualified Rehabilitation Consultant’s name. If the employer or insurer requests a waiver of the rehabilitation consultation, the insurer must attach an offer of suitable gainful employment signed by the employer and the treating physician’s work ability report.
Essentially, the Disability Status Report requires the parties to a workers’ compensation claim to either agree to give the employee a rehabilitation consultation or get a waiver. If the employee requests a consultation, then the employer and insurer cannot receive a waiver. This moves the workers’ compensation case along by getting the injured worker vocational rehabilitation services as soon as possible.
Is your workers’ compensation case moving too slowly? Joe Osterbauer, Esq. and the Osterbauer Law Firm stand up for injured Minnesota workers’ rights. Joe’s 27 years of workers’ compensation experience and his team’s speedy service combine to get clients the results they need. To schedule a free consultation, visit Osterbauer Law Firm online or call Joe’s office at (612) 334-3434.
