Is My MN Workers' Comp. Claim Denied?

In our Minnesota workers’ compensation law practice, we regularly see even the most legitimate workers’ compensation claims being denied by workers’ compensation insurance companies. If primary liability is denied on your Minnesota workers’ compensation claim, you should strongly consider consulting with a Minnesota workers’ compensation lawyer. 

If you’ve sustained an on-the-job injury in Minnesota, your employer is supposed to report your injury to their workers’ compensation insurance company by filing a First Report of Injury form within 10 days of the date they had knowledge of your injury, or 10 days from the date that you reported your injury. If you miss more than three calendar days of work, the insurer is required to file the First Report of Injury form with the Minnesota Department of Labor and Industry.

The workers’ compensation insurance company has up to 14 days from the date your employer had notice of your injury within which to file a Notice of Primary Liability Determination in the event that the insurer is denying primary liability on your claim. In some cases, the insurance company may make initial payments on your case, and then after conducting an “investigation,” retroactively deny primary liability.

A Notice of Primary Liability Determination which denies liability requires a statement setting forth “a specific reason for the denial which must be in language easily readable and understandable…and a clear statement of the facts forming the basis for the denial.” If primary liability is denied on your Minnesota workers’ compensation case, it generally starts the running of a three-year Statute of Limitations. Unfortunately, not all employers or insurance companies follow these rules. Moreover, an insurer’s denial of primary liability on a workers’ compensation case is not always justified. In many cases, the basis for the denial is questionable or just plain wrong.

A Minnesota workers’ compensation attorney can help you contest a denial of primary liability on your workers’ compensation case. For a free, no-obligation case consultation, call Meuser & Associate at 877-746-5680 or click here to send us an email. 

First Report of Injury - MN Work Comp

After you report your work-related injury to your employer, your employer is required to complete a First Report of Injury form. Your employer has 10 days to send this form to the workers’ compensation insurance company. If you miss three or more days, your employer and/or their insurer must file a copy of the First Report of Injury with the Department of Labor and Industry. Your employer or the insurer is required to provide you a copy of the First Report of Injury, as well as a copy of the Minnesota Workers’ Compensation System Employee Information Sheet.

Unfortunately, employers do not always follow the rules. It is not the responsibility of the employee to complete or file the First Report of Injury. However, if you need a blank copy of the form, it can be found here.

If you employer or their insurer did not provide you with a copy of the Minnesota Workers’ Compensation System Employee Information Sheet, or if you simply need some basic information about Minnesota Workers’ Comp., you can find a copy of the Information Sheet here.

If your employer refuses to report your injury, we can help. We can file the necessary paperwork to initiate a workers’ compensation claim on your behalf. Call us at 877-746-5680 or click here to send us an email to schedule a free consultation.

Visit our workers' compensation website at MeuserLaw.com!