Workers in Minnesota who are injured on the job or develop work-related illnesses often believe that they must file workers’ compensation claims right away or risk losing benefits, but this is not the case. While workers are expected to notify their employers about their injuries or illnesses as soon as possible, they have either three or six years to submit workers’ compensation paperwork.
First Report of Injury
The amount of time that workers are given to submit workers’ compensation claims will depend on whether or not a First Report of Injury was filed with the Minnesota Department of Labor and Industry. If this form was filed, the statute of limitations on workplace injuries is three years. If the form was not filed, the statute of limitations is six years.
Workers compensation claims can be challenged or denied if workers wait too long to notify their employers about work-related illnesses or injuries. If notification is not given within two weeks, employers can deny claims if they can show that the delay caused them harm. If notification is given after 31 days has passed, employers can deny claims even if they did not suffer harm. After 180 days, benefits are not payable unless workers were physically or mentally incapacitated.
Workers’ compensation appeals
When workers’ compensation claims are denied because notice of a workplace illness or injury was not given, attorneys with experience in this area could argue on behalf of workers during appeals hearings. Attorneys may challenge denials if employers were aware because a supervisor witnessed the accident or if the facts and circumstances of the case would lead a reasonable person to conclude that the worker had been injured while on the job. Attorneys could also appeal denials if employers engaged in misrepresentation, fraud or deceit to delay or prevent notification.