Minnesota Workers Comp Process

Article Written By: David Whitney

As soon as a Minnesota employee suffers a work-related injury, a First Report of Injury should be completed. This is a form that is used to describe how an injury occurred. Although it is the employer's job to complete this form, employees should notify their supervisor as soon as possible after suffering a work injury. Employees should also ask for a copy of the First Report of Injury after it is completed. As soon as possible they should seek medical treatment. Employees should tell the medical providers paramedics, triage nurse, emergency room doctor and everyone else that the injury occurred at work, and how it happened. This not only assists their billing department, but assists the injured worker with documenting the work injury, which is extremely important.

After a First Report of Injury is completed, it is sent to the employer's insurance company. The insurer then conducts an investigation of how the injury occurred, and completes a Notice of Primary Liability Determination. This is a document that is sent to the employee, employer, and Department of Labor. It states whether the insurer accepts responsibility, and whether it will pay benefits. Sometimes, even if an insurer accepts responsibility for a work injury (admitting that the injury was work related), the insurer will nevertheless suspend payment for the work injury. If this is the case, the insurer must state why benefits are not being paid.

Under the Minnesota Workers? Compensation Act, the first three (3) days of missed time after a work injury do not have to be reimbursed by the employer's workers' compensation insurer. After that, if the employee is completely off of work, the insurer must pay Temporary Total Disability (TTD) benefits, which is based on 2/3 of the employee's gross average weekly wage for the 26 weeks prior to the date of the work injury. If the employee is able to return to work, but at a light duty, lower paying job, then the insurer must pay Temporary Partial Disability (TPD) benefits, which is 2/3 of the difference between the wages the employee is earning in the light duty job and the employee?s average weekly wage before the date of the work injury.

Also an employee is entitled to an initial consultation with a qualified rehabilitation consultant. If he determines that the employee is eligible for rehabilitation, then the QRC can work with the employee by attending doctors appointments, clarifying with the employer an employee's work restrictions, and providing job search assistance if the employee is not able to return to the pre-injury employer, but is able to work in a different capacity.

Some time after a work injury, the insurer may send the employee to be examined by a doctor that the insurer has chosen. This is called an independent medical examination. After the IME, the doctor will send a report to the insurer stating what that doctor's opinion is regarding the employee?s injury, including whether it occurred at work, whether there were any preexisting conditions, whether the medical treatment to date has been reasonable and necessary, and whether any future treatment is recommended.

If any workers' compensation benefits are denied, then the employee can file a Claim Petition with the Department of Labor. This is like a Complaint in a civil lawsuit; it initiates a claim for benefits, including wage loss benefits, medical benefits, vocational rehabilitation benefits, disability benefits, and reimbursement for mileage and parking.

If the only disputed benefit is medical treatment, the employee may file a document called a Medical Request with the Department of Labor. This can claim that past medical bills be paid, or that recommended medical treatment be approved.

Approximately six months after a Claim Petition is filed, a judge with the Office of Administrative hearings will have a settlement conference. The employee and his or her attorney, and the attorney for the employer and insurer, should attend. The judge meets informally with the parties to discuss whether a settlement can be reached.

If a settlement is not reached, then a hearing will take place. This is the trial in workers' compensation case. There is a judge but no jury. The lawyers for each side will present evidence, and the employee will take the witness stand to be questioned by the lawyers. Usually, the medical records and a report from employee's doctor and the IME doctor will be admitted as evidence.

About the Author

Robert Whitney - Minnesota worker compensation. Find more information about Minnesota workers comp here.

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