Injured While Working In Minnesota
Within this particular scenario you can file a claim in Minnesota if you suffer from a work-related injury while working in Minnesota, and this includes individuals who work for a company not based in Minnesota. There are some circumstances that allow people to choose which state to pursue a claim in, which could include a situation in which someone who doesnt regularly work in Minnesota is injured while in the state having the choice to either make a claim in Minnesota or the state in which the individual is employed.
Its important to understand that once you file a claim in a certain state you cant change your decision. You can receive Workers Compensation benefits from Minnesota for a new injury even when you have a claim in another state for a different work-related injury from the past, just as long as you dont file a claim for the same injury in two states.
First Report Of Injury
140 McNamara Alumni CenterMinneapolis, MN 55455
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Disability Status Report Form
This form is required to be filed under the following circumstances:
- When an employer finds out within 14 calendar days that the employees injury is likely to exceed 13 total weeks of missed work
- Anytime within the first 90 calendar days from the date of the employees injury, in the case that the employee has not returned to work in that time frame
- After receiving a rehabilitation consultation request
Any matters of jurisdiction and how and where to file your benefits claims can be very complicated, and so were always more than happy to go over all your options with you and help explain Minnesotas Workers Compensation laws in detail.
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Notice Of Insurers Primary Liability Determination Form
This form must be filed after the first report form, and its used to report the following:
- The first payment of wage-loss benefits
- Liability acceptance, but denial of initial wage-loss benefits and
- A primary liability denial
There are also some instances in which this form can be utilized more than once, including the following situations in which the insurer:
- Denies primary liability initially, but accepts liability later
- Accepts a claim and pays wage-loss benefits, but denies primary liability later on within 60 days
- Accepts a claim that doesnt provide wage-loss benefits, but later voluntarily pays wage-loss benefits
Minnesota Workers’ Compensation Benefits And Injuries
These are some of your rights under Minnesota workers’ compensation. If you have questions about whether your rights have been violated, feel free contact our office for a free consultation. We can discuss with you your rights under Minnesota workers’ compensation.
In Minnesota injured employees are entitled to workers compensation benefits for conditions caused or aggravated by a work injury or activity. A work-related disability can be caused by a specific event, repetitious work activities over time, or occupational diseases contracted because of the hazards of the employment.
Compensable Work Injuries
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How To File A Workers Comp Claim In Minnesota
After you get hurt at work, it is important to notify your employer of your work injury as soon as possible. Usually, after receiving notice of an employee getting hurt at work, an Employer will fill out a Workers Compensation document called a First Report of Injury to notify their Workers Compensation insurance company and the Department of Labor and Industry of the workplace injury.
Filing a First Report of Injury is the first step of the Workers Compensation claims process. Any potential claim disputes related to the work injury must be filed within three years of when the First Report of Injury is filed, or six years if no First Report of Injury is filed.
For injuries or illnesses that are not specific in nature, you should notify your supervisor immediately once you have information that would lead you to believe your injury or symptoms are work-related. The date of injury might be the last day you worked, or the first time you went to the doctor, or the first time you thought your symptoms were work-related.
How To File A Minnesota Workers Comp Claim
Workers compensation helps injured workers pay for medical bills, provides disability payments to make up for lost wages, helps pay for rehab, provides training, as well as other benefits. Nearly all of our clients are injured on a job while working and employed by a company in Minnesota. At times, we have clients which are unsure about whether or not they can file a Workers Compensation claim in Minnesota if they werent technically in Minnesota when the work-related injury occurred, or if their company isnt based in Minnesota.
In this post we are going to explain the intricate details of when forms need to be filed. And demonstrate three different scenarios in which injured workers have the right to Workers Compensation benefits in Minnesota. These scenarios include the following:
- Youre injured while working in Minnesota, even if your employer is based somewhere else.
- Working for a Minnesota-based company and injured on the job while temporarily out of the state.
- If you regularly work within Minnesota, but suffer from a work-related injury outside of Minnesota.
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Notice Of Intention To Discontinue Workers Compensation Benefits Form
This form discontinues or reduces any kind of temporary total disability , temporary partial disability or permanent total disability benefits within the following situations:
- When the injured employee returns to work and is receiving their full wage
- When the employee returns to work, but at a reduced wage from before the injury
- OR for other reasons that dont involve a return to working after the injury
Work Comp: First Report Of Injury Form Information
The employer is responsible for completing the First Report of Injury form and submitting it to its workers’ compensation insurance company within 10 days of the first day of disability or the date they were aware of disability, whichever is later.
If the employer is unable or refuses to file this form, the insurer is responsible for electronically submitting the completed FROI form upon request from the department.
The insurance company or self-insured employer must electronically file the FROI form with the department within 14 days of the first day of disability or the date the employer was aware of disability, whichever is later. The FROI form must be filled via electronic data interchange or the eFROI Web portal, with a copy retained for the insurer’s or self-insured employer’s records.
Deaths and serious injuries must be reported to the department within 48 hours. This can be done via telephone, facsimile or electronic transmission, to be followed by the FROI form within seven days of the occurrence.
The employer must also send a copy of this form to the employee. Note: Always attach a Minnesota workers’ compensation system employee information sheet and retain a copy of the FROI form for its records.
If the employer is unable or refuses to file this form, the insurer is responsible for electronically submitting the completed FROI form upon request from the Department of Labor and Industry .
The following statutes and rules contain timelines and requirements:
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Minnesota Required Postings And Forms
Please print and post the following notices, both in English and Spanish, in a conspicuous location frequented by employees such as the break room, lunch room or time clock. If you have multiple office locations be sure to post the notices at each location.
- Workers Compensation Employee Rights and Responsibilities Notice .
- Anti-Fraud Notice
Workers Compensation Claim Forms
Here are the requirements for filing a workers compensation claim, according to Minnesotas Workers Compensation Statute:
- Claim must be submitted by the employer on a First Report of Injury form.
- A link to that form is below. Only employers that are LMCIT members should use this form and submit it to LMCIT.
- Once the employer has completed the form, email it to LMCIT at fax it to LMCIT at 281-1297 or mail it to LMCIT at 145 University Ave W, St. Paul MN 55103-2044. Do not submit this form to the Minnesota Department of Labor and Industry.
- Claim must be submitted within 10 days of first knowledge of an employees injuries . Employers must provide employees with a copy of the Minnesota Workers Compensation System Employee Information Sheet at the time the employee is given a copy of the FROI.
- First Report of Injury : Use this form to report injuries to employees or emergency response volunteers
- Volunteer Accident Form : Use this form to report injuries to all other volunteers who do general volunteering
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First Report Of Injury Form Tips
As the employee, you should keep in mind the following reporting guidelines and helpful tips as part of your steps to follow after getting hurt at work:
- It is the employers responsibility to file the First Report of Injury form, which is available on the Minnesota Department of Labor and Industrys website: Minnesota First Report of Injury .
- It should be filled out within ten days of the work injury occurring, but it is best to fill it out as soon as possible when everyones memories of the incident are fresh.
- You should ask to fill it out together with your supervisor to maintain the accuracy of the report.
- Make note of the time and place you first notified a supervisor of your work injury.
- You should document for your own records what happened. This can be especially helpful when speaking with your medical providers about your injury, so you can maintain an accurate history of events with your treating physician. It is also helpful to document conversations with coworkers about your injury too.
- If you work for multiple employers, be sure to notify all employers of your injury, including those you were not hurt at.
Next Step: Wait For A Response
After the insurer has received all reports, you must wait for its response as to whether it approves or denies your claim.
To learn more about what steps you can take to put your workers compensation claim in the best light, contact our Minneapolis injury firm online or call us today at .
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Life Threatening Illness Or Injury
- If an injury is a potential life-threatening emergency, please call 389-2111 or 911.
- If you are unable to drive, security will be notified, respond, and can direct the ambulance to you.
NOTE: If you do not wish to be transported by an ambulance, it is not an option to have a co-worker or supervisor transport you. You may call a cab or have a family member/friend transport you to the hospital.
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- Tell the doctor/nurse that your illness/injury may be work related.
- Immediately report your injury to the worker’s compensation coordinator in Human Resources by calling 389-2016.
Reporting A Work Injury
Whether you suffered a sudden, traumatic injury at work or you have an injury that has been aggravated or accelerated due to your work activities, it is important to immediately report it to your employer. There are certain time frames for reporting work injuries set by Minnesota law. If you wait too long, you may lose your right to workers compensation benefits.
At Atkinson Gerber Law Office, we recommend that all workers report injuries to their employers as soon as they have knowledge of the injury. To ensure that the injury was properly reported and that your employer took the appropriate actions following the report of the injury, contact our law firm.
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