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Often injured workers in Minnesota think too much time has passed in order to bring a claim for workers’ compensation benefits, or to dispute the work comp. insurer’s denial of liability. The statute of limitations sets a time limit on the length of time within which you can commence an action for workers’ compensation benefits.The rationale behind the statute of limitations is to prevent a claimant from delaying a suit for Minnesota workers’ compensation benefits for an unreasonable length of time, forcing the defendant to defend itself against a “stale” claim.
If a claim is brought years after the fact, there are evidentiary problems, including medical records that are no longer available, witnesses that are no longer available, and the inability of the parties to accurately recall the facts.
Minnesota Statute §175.151(1) provides that an employee must bring an action or proceeding to determine or recover compensation within three years if the employer filed a First Report of Injury with the Minnesota Department of Labor and Industry.
The statute begins to run from date the report of injury was received by the Department of Labor and Industry.
If the employer did not file a first report of injury, the statute provides a six year statute of limitations. The statute begins to run from the date of the injury.
For dependency claims related to a workers’ death, a claim must be commenced within three years after the Department of Labor and industry receives written notice of the death from the employer. If the employer did not file a report of death, a claim for dependency benefits must be brought within six years of the date of the injury, if no benefits were paid for the injury which caused the death. If workers’ compensation benefits were paid for the injury, but no report of death was filed, the six year statute of limitations on dependency claims runs from the date of the death.
Commencement of a claim for workers’ compensation benefits usually occurs with the filing of a Claim Petition. This must be done before the statute of limitations runs.
If your Minnesota workers’ compensation claim was admitted, or if the employer/insurer paid any benefits on your claim, there is no statute of limitations, although it is better to bring a claim sooner rather than later if there is a dispute because proving your claim gets more difficult the greater the time between your original injury and the time you bring a claim.
Don’t wait to consult with a workers’ compensation lawyer until the day before the statute of limitations runs out! Nothing frustrates me more than speaking with an injured worker who waited too long to speak with a workers’ compensation lawyer. A couple months ago I spoke with a gentleman who had seriously injured his back when he fell down an embankment while working with a landscaping company about seven years ago. He had just started with the company and didn’t want to rock the boat by bringing a workers’ compensation claim, and the employer didn’t report it, despite the fact that his supervisor took him to the hospital after he fell. He only lasted with that company for a few more months, before his back pain became debilitating. He subsequently underwent a three level fusion surgery on his low back, and has, more or less, been completely off work since then. By the time he spoke with us, the statute of limitations had run on his claim. There was nothing we could do for him.
I can’t stress enough how important it is to report your work-related injuries. Some folks are worried about employer retaliation for making a workers’ compensation claim, which is a completely legitimate concern. But, are you still going to be working for that same employer in two years, five years, ten years? Are they going to care if the pain from your injury becomes disabling? Are they going to care if you can’t find a job that’s suitable given your physical limitations? Are they going to care if you don’t have insurance to pay for the medical treatment you need for your work injury?
Even if you think too much time has passed to bring a claim for workers’ compensation benefits, it is still a good idea to speak with a workers’ compensation lawyer. In many cases, we discover that either 1) the employer/insurer did pay some benefits, or 2) we are able to avoid the statute of limitations if you had an aggravation or re-injury.
For a free, no-obligation consultation on your Minnesota workers’ compensation case, call Meuser & Associates at 877-746-5680 or click here to send us an email to speak with one of our workers’ compensation attorneys.
Visit our workers' compensation website at MeuserLaw.com!
