Answering Your Questions About Minnesota Workers’ Compensation Claims
You have questions. We have answers. At The Law Office of Gretchen Hall in St. Paul, we take pride in making sure the people we serve are well informed about their case at every step of the process. Below you will find answers to some of our clients’ most frequently asked questions about workers’ compensation claims. If you have a question that you need answered, reach out to us for a free attorney consultation.
What Is The Statute Of Limitations For Filing A Workers’ Compensation Claim?
Under Minnesota law, you have six years from the time of injury to file a workers’ compensation claim. If a First Report of Injury was filed with the Department of Labor and Industry, you have only three years from the time of injury to file a claim. While you do not have to fie the claim immediately, it is in your best interest to report the injury to your employer as soon as possible and take immediate action. The sooner you take action, the sooner you can get workers’ compensation benefits.
Who Is Eligible To Receive Benefits?
Minnesota law requires that all companies provide workers’ compensation benefits for full-time and part-time employees. Benefits are required regardless of fault. Minors and non-U.S. citizens are also eligible for benefits.
What Steps Do I Take To File A Minnesota Workers’ Compensation Claim?
The process of getting workers’ compensation benefits starts easily enough by reporting your injury to your employer. From there, matters often get much more complicated. Visit our How To File page to learn more about the steps you should take.
What If My Claim Was Denied?
Unfortunately, workers’ compensation claims are often denied, under-payed or cut off too soon. You may be given some sort of technical reason, or your employer or their insurer may say that the injury did not happen at work. Do not give up. Many injured workers receive denials and have to fight to get the benefits they deserve. That is where an experienced lawyer can prove critical.
What Does My Employer Owe Me?
All employers are required to have workers’ compensation insurance in the event of an employee injury. Once you notify your employer of an injury, they must file your claim with the insurance company. When your employer completes and provides you a copy of the First Report of Injury form, they are required to also provide an employee information sheet. The information sheet informs you of your workers’ compensation rights under Minnesota law.
The insurance company, and not your employer, determines your benefits. Your employer owes you fair treatment throughout the claim process and may not retaliate against you due to a workplace injury.
What Does Workplace Retaliation Look Like?
Unfortunately, some Minnesota employers may retaliate against employees who pursue workers’ comp benefits. Retaliation can take many forms, but all forms of retaliation are prohibited by law.
Workplace retaliation can take many forms, but several of the most common methods include wrongful termination, demotion, failure to promote, salary reduction and harassment. If you experience workplace retaliation, you can file a civil suit against your employer.
What Happens When A Workers’ Compensation Claim Is Filed In Minnesota?
Most people who file workers’ compensation claims do so for the first time and are often surprised at how complex the process can be. View our steps in the workers’ compensation process page to learn more about what will happen during the claims process, from start to finish.
Do I Need A Workers’ Compensation Lawyer?
Ideally, you would not need a lawyer. Your employer and their insurer would gather your claim information and quickly provide you the medical and wage benefits you are entitled to. Sadly, that does not always happen. Your employer may push back and try to prevent you from filing a claim, or retaliate against you. The insurance company may deny your claim. Your claim could be approved, but not for the right amount, or it could be approved and then cut off too soon.
Getting a trusted lawyer onboard from the start can help you mitigate problems and help you find a clearer path to getting the benefits you need.
If You’ve Been Injured At Work, Contact Us Today To Have Your Case Evaluated For Free
If you were injured at work, denied workers’ compensation or cannot obtain awarded benefits, it is time to turn to an attorney for help. Please call our St. Paul law office at 651-371-6008 to schedule a free case evaluation. You may also contact The Law Office of Gretchen Hall online. We will carefully evaluate your case and answer your workers’ compensation questions.