Minnesota Workers' Comp Process

• Date of the Injury - This can be the date you were actually injured, or the date you first sought medical help.
• Notice - Notify your employer immediately when you know you have a workers' comp claim. Minnesota law requires your employer to fill out a First Report of Injury and file it with the state.
• Liability - Within 14 days of notice your employer will contact their insurance company and a decision should be made as to whether your claim will be admitted or denied.
• Admitted Claims – If your claim is admitted it means the insurance company has agreed to pay benefits. This does not mean that benefits will be paid forever. It is still wise to seek the advice of an attorney to monitor your claim.
• Denied Claims - If your claim is denied, the insurance company has decided not to pay benefits. If this happens and you still wish to pursue benefits, you must file a claim petition with the state. Claim petitions are deliberately complicated. You should not attempt to handle this without the advice of a workers' comp attorney.

Timeline for a Workers' Comp Claim

3 months: Within the first three months of filing a claim, the insurance company will probably send you to get an independent medical exam and take your deposition.

6-8 months: Within six months the court will likely hold a mandatory settlement conference. It is very important that you have a workers' comp lawyer present at this conference.

12-14 months: If no resolution is reached at the settlement conference the case may be certified for a hearing.

2 months after hearing: The Judge has up to 60 days to make a decision after the hearing. The losing party has the right to appeal that decision to the Workers' Compensation Court of Appeals.