How Long Do I Have to Report a Work Injury in MN?
If you’re injured on the job in Minnesota and workers’ compensation benefits have not been voluntarily paid, it is important to act quickly. First, Minnesota imposes a “notice requirement” on injured employees. Notice of a work-related injury should be given to an employer as soon as possible, as failure to provide notice within 14 days can affect workers’ compensation benefits.
If notice of a work injury is not provided within 180 days, a claim may be denied unless the employee was unable to give notice due to mental or physical incapacity or where the employer has engaged in fraud or misrepresentation.
How Long Do I Have to File a Workers’ Comp Claim in MN?
The Minnesota Workers’ Compensation Act also puts time limits on the period for bringing a workers’ compensation claim. The good news is that if an employer and insurer voluntarily pay benefits related to an “admitted injury,” the statute of limitations does not apply to future claims. In Roemhildt v. Gresser Companies, Inc. 729 N.W.2d 289, 294 (Minn. 2007), the Minnesota Supreme Court noted that voluntarily payment of benefits “satisfies the statute of limitations and makes it no longer applicable.”
Where benefits have not been paid voluntarily, an injured employee must bring an action (typically a “claim petition”) to recover compensation within three years after the employer has made a written report of injury to the Department of Labor and Industry. Where no first report of injury has been filed, an injured employee has six years from the date of the injury to file a claim petition.
Notice and statute of limitations issues are often not black and white, and this post should therefore not be taken as legal advice. If you have questions about how long your workers’ compensation claim will stay open in Minnesota, contact the Schneider Law Firm or another experienced workers’ compensation attorney immediately.
Disclaimer: The information on this site is intended for informational purposes only. This piece is not intended as legal advice and should not be construed as such. Please contact an attorney for questions regarding legal matters.