How Do I Know If My Employer Has Minnesota Workers’ Compensation Insurance?

If you are hurt on the job in Minnesota, in most cases, a workers' compensation insurance company pays your workers' compensation benefits. 

How Do I Know If My Employer Has Minnesota Workers’ Compensation Insurance? 

Employers in Minnesota are required by law to carry Minnesota workers’ compensation insurance to provide benefits to their employees in the event they are injured on the law. If you are injured on the job, your employer is required to complete and file a First Report of Injury. They are required to send this form to their insurance company. They should also provide you with the name and contact information for their insurance company. If your employer refuses to file a First Report of Injury, you can report the injury on your own, or a Minnesota workers’ compensation lawyer can help you file a First Report of Injury.

All Minnesota employers are also legally required to have a poster entitled “Minnesota Workers’ Compensation Employees Rights and Responsibilities,” posted in a conspicuous space. This poster includes a space for the name and phone number of their workers’ compensation insurance company. If your employer does not have a copy of this poster posted in a conspicuous space, you can download and print off a copy from the Minnesota Department of Labor and Industry.

If your employer won’t give you their workers’ compensation insurance information, you can verify if your employer has worker’s compensation insurance and find out the name and contact information for the insurance company using the Department of Labor and Industry’s insurance look-up tool. If you can’t find your employer’s insurance company using the search tool, you can contact the Department of Labor and Industry’s Claims Services and Investigations unit to request insurance coverage verification about any employer in the state at (651) 284-5170.

What If My Employer Doesn’t Have Minnesota Workers’ Compensation Insurance? 

If you suffer an injury on the job, and your employer has no insurance and is not self-insured, in Minnesota you may request that the Minnesota Special Compensation Fund pay you the appropriate benefits. The Special Compensation Fund will conduct an investigation into whether the employer had insurance coverage, and they will make a determination whether or not to cover your claim. If they determine that you have a compensable injury, you will be eligible for the same workers’ compensation benefits that you’d normally be entitled to, if your employer had insurance.

Often times in cases involving the Special Compensation Fund, there are disputes as to insurance coverage, whether the injured worker was an employee or independent contractor, and disputes as to the nature and extent of the injury. Disputes with the Special Compensation Fund regarding entitlement to workers’ compensation benefits are handled using the same procedures as disputes with workers’ compensation insurance companies.

If the Special Compensation Fund pays workers’ compensation benefits to an injured worker because the employer failed to carry workers’ compensation insurance, the Fund will usually pursue a claim against the uninsured employer for reimbursement of all workers’ compensation benefits paid, as well as a 65% penalty.

In addition, an uninsured employer may also be fined by the Department of Labor and Industry for failing to insure its employees, regardless of whether an injury has occurred. If you suspect your employer or another business is operating without workers’ compensation insurance in violation of Minnesota law, you can report the violation here or by calling (651) 284-5109, and your report will be investigated by the Claims Services and Investigations' Investigative Services Section of the Minnesota Department of Labor and Industry.

Unfortunately, there are many employers in Minnesota who do not carry legally required workers’ compensation insurance. If you’re hurt on the job while working for an uninsured employer, or if your employer won’t provide you with their workers’ compensation insurance information, a Minnesota workers’ compensation lawyer can help you protect your rights. For a free, no-obligation consultation to learn more about your workers’ compensation rights, call Meuser & Associate at 877-746-5680 or click here to send us an email. 

Work Injuries and Uninsured Employers: What If You are Hurt on the Job and Your Employer Has No Workers' Compensation Insurance?

In Minnesota, employers are required to purchase workers’ compensation insurance coverage or to obtain approval from the Minnesota Department of Commerce to self-insure for workers’ compensation. Employers are also required to post a poster in the workplace with the name and telephone number of the workers’ compensation insurance company. Not all employers comply with this requirement, however. Employers even occasionally refuse to tell employees who their insurance company is.

You can verify if your employer has workers’ compensation insurance coverage, and find out the name and contact information for the insurance company using the Department of Labor and Industry’s insurance look-up tool. If you can’t find your employer’s insurance company using the search tool, contact the Department of Labor and Industry’s Claims Services and Investigations unit to request insurance coverage verification about any employer in the state at (651) 284-5170.

What if you are hurt on the job and your employer doesn’t have insurance?

If you suffer an injury on the job, and your employer has no insurance and is not self-insured, you may request that the Minnesota Special Compensation Fund pay you the appropriate benefits. First, a compensation judge will have to determine whether the employer is liable for your injury, and then, if appropriate, order the Special Compensation Fund to pay you the appropriate benefits. The judge will also order the uninsured employer to reimburse the Special Compensation Fund along with a penalty in the amount of 65 percent of the benefits paid by the Fund. Alternatively, you may elect to sue the employer for the injury in a civil action. Generally, you would be entitled to a greater amount of compensation in a civil action against the employer than in a workers’ compensation action. If you opt to pursue a civil case against your employer, the employer may not defend the lawsuit by claiming the usual common law defenses, such as assumption of risk, unless the employer can prove that you were willfully negligent.

In addition, an uninsured employer may also be fined by the Department of Labor and Industry for failing to insure employees, regardless of whether an injury has occurred.

If you suspect your employer or another business is operating without workers’ compensation insurance in violation of Minnesota law, you can report the violation here or by calling (651) 284-5109, and your report will be investigated by the Claims Services and Investigations' Investigative Services Section of the Minnesota Department of Labor and Industry.

If your employer does not have insurance or won’t give you their workers’ compensation insurance information, you should probably consult with an experienced workers’ compensation attorney. We can help verify insurance coverage, and if there is no insurance company, we can assist you in obtaining benefits from the Special Compensation Fund or by making a civil claim against your employer. Meuser & Associates has successfully handled many cases where the employer failed to carry workers’ compensation insurance. To schedule a free, no-obligation consultation with a workers' compensation lawyer, call us at 877-746-5680 or click here to send us an email.

Visit Minnesota Workers' Compensation and Personal Injury Law Firm, Meuser & Associates, P.A., at MeuserLaw.com