Workers' comp deadlines in Minnesota: tell your employer and file

Tell your employer in Minnesota

Time limit

14 days

Counted from

The date of the injury

In writing?

Yes, in writing

If you are late

Notice or employer knowledge within 30 days is enough unless the employer shows it was harmed by the delay. Within 180 days, compensation may still be allowed if the delay was due to your mistake, ignorance of fact or law, inability, or the employer's fraud or deceit, but it can be reduced if the employer was harmed. If your employer neither knew nor got written notice within 180 days, no compensation is allowed (unless you were mentally or physically unable to give notice; then you have 180 days after the incapacity ends).

Illness that develops over time

For x-ray or radiation injuries and any other occupational disease, give notice to your employer and start an action within 3 years after you know the cause of the injury and it has resulted in disability.

Report your injury to your supervisor as soon as possible. Unless your employer already knows about the injury, you must give written notice within 14 days after it happens, or no compensation is due until notice is given. Notice from someone on your behalf counts.

Law: Minn. Stat. §§ 176.141, 176.151(d)

Source: revisor.mn.gov

File your claim in Minnesota

Time limit

3 years

Counted from

The date your employer's written report of the injury (First Report of Injury) is filed with the Department of Labor and Industry; never more than 6 years from the date of the accident

What to file

Employee's Claim Petition, filed with the Court of Administrative Hearings (Workers' Compensation Division, P.O. Box 64620, St. Paul, MN 55164-0620) and served on the employer and insurer

Who files it

You tell your employer about the injury. Your employer completes a First Report of Injury and sends it to its insurer. If you see a doctor, tell the doctor how the injury happened and give your employer and insurer's names; the doctor fills out a Report of Work Ability form. You file an Employee's Claim Petition with the Court of Administrative Hearings only if there is a dispute.

What your employer must do

If your injury keeps you from working for more than 3 calendar days, your employer must report it to its insurance company on a First Report of Injury within 10 days after the injury (within 48 hours for a death or serious injury). The insurer then reports it to the Department of Labor and Industry within 14 days.

When the insurer decides

If your claim involves lost time, the insurer must accept or deny it within 14 days on a Notice of Insurer's Primary Liability Determination, filed with the state and sent to you. A denial must explain the facts and reasons. If the insurer starts paying but decides within 90 days that the injury is not work-related, it can stop by filing a denial; after 90 days it must use a formal notice of discontinuance.

Illness that develops over time

For an occupational disease (including radiation injuries), the usual limits do not apply: you must give notice and start an action within 3 years after you know the cause of the injury and it has resulted in disability.

You do not file a claim form yourself; your employer files a First Report of Injury. If the insurer denies your claim or you need a judge to decide what you are owed, you must start an action (an Employee's Claim Petition) within 3 years after a written report of your injury was made to the Department of Labor and Industry, and no later than 6 years after the accident. If you are physically or mentally unable to act, the deadline is extended to 3 years after the incapacity ends.

Law: Minn. Stat. §§ 176.151, 176.271, 176.291, 176.305

Source: revisor.mn.gov

Law: Minn. Stat. §§ 176.221 subd. 1, 176.231 subd. 1

Source: dli.mn.gov

Waiting period and first payment in Minnesota

Waiting period

TTD is not paid for the first 3 calendar days of disability. Disability starts on the first calendar day, or part of a day, that you cannot work, even if your employer paid you for that day. The waiting period counts consecutive calendar days, not workdays.

Paid back for the waiting days

If your disability lasts 10 calendar days or longer, you are paid from the first day of disability.

First payment

The insurer must start paying TTD within 14 days after your employer learned of the injury and that you could not work. Benefits are paid on the same schedule as your wages were paid before the injury. To stop wage-loss benefits, the insurer must send you a Notice of Intention to Discontinue Benefits explaining why; if you disagree, ask for an administrative conference within 12 days.

How often you are paid

On your regular pay schedule (as wages were paid before the injury)

Law: Minn. Stat. §§ 176.121, 176.221 subd. 1, 176.101 subd. 2

Source: dli.mn.gov

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