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Active Involvement Needed to Ensure Workers’ Compensation Benefits

Workers' compensation is an insurance program designed to aid workers in receiving payment after they are injured in the workplace. It is intended to cover medical expenses, lost wages and rehabilitation. Although these benefits are available, they are not automatic.

If you were disabled by an occupational injury or disease, take the following steps to apply for Minnesota workers' comp.

How to File a Minnesota Workers' Compensation Claim

If you are injured on the job, you should promptly notify your employer. A workers' compensation claim can be lost if the employer is not notified in a timely manner. Once notified, the employer must fill out a First Report of Injury (FROI) form.

If you seek medical attention, inform the health care provider that your injury occurred while at work and ask your physician to fill out a report of work ability form. If possible, return to work. Even if you don't miss work after your injury, you may be able to recover compensation for medical or rehabilitation costs.

If you are unable to return to work, the insurer will file a Notice of Insurer's Primary Liability Determination (NOPLD) form. The NOPLD form includes information regarding the injured workers' claim number and compensation rate and an explanation if the insurer denies liability. If the insurer does not deny liability, you may receive medical, rehabilitation or wage loss benefits.

Potential Problems With a Claim

If a Minnesota workers' compensation claim is denied, the insurer must send a copy of the NOPLD form explaining the basis for denial. If denial seems unjust, you can contact the insurance claims adjuster to fight the denial.

A workers' compensation denial is not final. If you receive a denial, a workers' compensation appeal is an option. In order to file an appeal, an Employees Claim Petition is required. At this point, it is wise to seek the counsel of an experienced workers' compensation attorney in order to ensure your legal rights are protected.