Minnesota workers’ compensation lawyers can help you obtain the compensation you deserve after sustaining an injury in your workplace. Your employer must provide workers’ compensation insurance per Minnesota Statutes 176.181, subd. 2. These statutes indicate that employers must provide such compensation through either a licensed insurance company’s policy or the Minnesota Department of Commerce-approved self-insurance.
Typically, your employers must also supply you with written information about your rights under the workers’ comp system. They could provide a pamphlet containing the details about your options under workers’ comp. The information must also include instructions about how to file for your workman’s comp benefits.
The workers’ comp claim process begins as soon as you report that you sustained an injury on the job. Here is a closer look into the claim process, the roles of the people involved in the process, and the types of benefits available.
What To Do When an Employee Gets Injured on the Job
As an employee sustaining an injury in the workplace, prioritize seeking medical attention as needed. If you must seek medical attention for your injury, your healthcare provider may assist you with the claim process.
Your attending physician will need to know if they are treating a workers’ compensation injury. For them to know this, you must tell your healthcare provider about:
- How you sustained your injury
- When the injury occurred
- Your symptoms
- Why you believe your injury is work-related
- Your employer’s name
- Your employer’s insurance carrier
- Your supervisor’s information, including their name, phone number, and fax number
Your doctor will then complete the Report of Work Ability form describing the effects your injury may pose to your work responsibilities, including physical limitations. Your employer and their insurer must receive copies of this form as soon as possible.
An employer will know how to adjust work operations accordingly in light of your injury. At the same time, they and their insurance provider will know whether your injury affects your entitlement to wage-loss benefits.
Relatedly, you must report your injury to your employer and supervisor as soon as possible. You may lose certain rights to workman’s comp benefits if you fail to report your injury within the given timeframe. In Minnesota, you must report a work injury within 180 days after you survived an accident and incurred injuries.
Meanwhile, your employer must complete a First Report of Injury (FROI) form when you get injured on the job. They only have ten days from learning about a lost time claim (more on this in the next section) due to your injury to report the case to their workers’ compensation insurer. As such, you must let your employer know about your injury as soon as possible, so you can maximize your benefits.
Your employer’s insurance company must file the FROI form that your employer submits to them with the Department of Labor and Industry. The insurer must submit the form if your disability lasts for more than three calendar days.
Your employer or their insurer must also provide you with a copy of the FROI form they submit. At the same time, they must give you the Minnesota workers’ compensation system employee information sheet. Also, if it applies, your employer must supply your union with a copy of your case involves a lost time claim.
What Is a Lost Time Claim?
You would file a lost time claim if you sustain an injury or disease in your workplace which lead to:
- Taking time off work after the day you survived an accident
- Losing wages or earnings due to being off work
- Getting a permanent disability or impairment
These effects entitle you to lost time benefits for suffering a work-related injury. You may still have access to other benefits if you have not lost time from work. Medical benefits and rehabilitation benefits are among these other benefits.
You must go through a waiting period before you can get any lost time benefits from your workplace-related injury. In Minnesota, the waiting period begins on the first day of losing any time in work due to your inability to work. This period lasts three calendar days. You may be entitled to wage-loss benefits for the waiting period days if your injury or disability lasts longer than ten calendar days.
For example, suppose you incurred a workplace injury on Thursday, October 7, 2021, and you returned to your regular duties on the following week’s Wednesday, October 13, 2021. The three-day waiting period includes October 7 through October 9. So, the compensation you may get will cover your work shifts between October 10 and October 12.
When submitting a lost time claim, your employer’s insurer will either accept or deny your claim. They do this process by filing the Notice of Insurer’s Primary Liability Determination (NOPLD) form with the state of Minnesota. Be sure to keep a copy of this form as it contains important information, including:
- The claim number
- The insurance adjuster’s name and contact information
- Your average weekly wage
- Your compensation rate
- Whether or not you get benefits
- When your benefits will be initiated
- Specific reasons and facts supporting why the insurer denies any liability
If the insurer accepts your workers’ comp claim, they will begin paying your lost time benefits within two weeks of the day your employer learned about your injury and lost wages. The intervals at which the insurer will pay these benefits are the same as you would receive your wages.
If the insurer denies your workers’ comp claim, consider seeking legal advice from professional Minnesota workers compensation lawyers. These experts can navigate the workers’ comp system and processes to help you determine your alternate options to receive compensation.
Your employer must give you information about your rights under the workman’s comp system in Minnesota once you survive an injury or illness in your workplace. This information may come in the form of a pamphlet detailing your benefits. However, the accident you survived may require you to focus on recovering and not worry about your medical expenses.
Consider getting in touch with Minnesota workers’ compensation lawyers to handle your case. These experts know how to navigate the different processes associated with getting compensation for the injuries you suffer in your workplace.
At the Osterbauer Law Firm, we have skilled attorneys who can walk you through your rights under workman’s comp. Allow our seasoned legal professionals to share resources to get you the compensation you deserve. Call us now at Call us now at 612-334-3434.