You just heard back from the workers’ compensation insurance company, and you are in shock. Your employer lied about your injury on the report form, or it never reported the injury, or it gave false information about your job. What should you do? Whether the lie means your benefits got denied or you think they might get denied in the future, you need to get the truth out there.
First Report of Injury is wrong
If you receive the First Report of Injury form back from the workers’ compensation insurance company, and you notice that some of the information your employer listed is incorrect, there are a few things you can do. If the information is not very important for your claim (for example, your phone number is wrong) just notify your employer and make sure the insurer has the correct number. If the information is something more important such as your weekly wage or the description of the injury, consider talking to your employer first. It may have been an honest mistake that the employer could fix.
If you suspect that the employer described the injury incorrectly to give it an advantage in the workers’ comp process, contact a lawyer as soon as possible. Your employer may be trying to avoid a workers’ comp claim and you need legal advice on your options.
Employer never reported the injury
All too often, employers do not report workplace injuries to their insurance companies because they do not want to pay increased premiums and deal with the “hassle” of a claim. Minnesota law makes it illegal to fail to report an injury within 14 days, and some injuries must be reported within 48 hours or less. If your employer never reports the injury or reports it late, it could face penalties.
You still have the right to workers’ compensation benefits even if your employer does not report your injury. Try to figure out which company provides your employer’s workers’ compensation insurance. You can contact it to explain that you were injured and ask that someone from the company reach out to your employer. The insurer could face liability too, so it has an interest in making sure your employer reports injuries. In addition, you can contact the Minnesota Department of Industry, Workers Compensation Division for help, or you can talk to a lawyer.
Employer gives false information about your job
During the workers’ compensation process, your employer will have to provide information such as your wage history and job duties to the insurance company. Sometimes it is incorrect. If your benefits were denied because of incorrect information, it is time to have a consultation with a lawyer. After you retain a lawyer, he or she can help you file a Claim Petition and argue that the incorrect information should not prevent you from getting benefits.
Need help getting workers’ compensation for your injury? 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.
