We all have to begin somewhere. A Minnesota workers’ compensation claim starts with reporting an injury. By not reporting an injury to your employer after it happens you can harm your chances of getting benefits now and in the future.
The first step in any workers’ compensation claim is to report an injury. The purpose of the requirement is to allow the employer the ability to render immediate medical attention in the hope of minimizing the seriousness of the injury and permitting the employer to investigate the claim soon after the injury.
It is important to keep in mind that when you file a claim for workers’ compensation it is a claim against the employer’s insurance, not the employer directly. Even if you decide you want to put it under your own health insurance, you may run into problems including:
- If you use your regular health insurance instead, and your insurance discovers this, they may stop paying and request payment.
- If you use your regular insurance, there may be limits to the treatment you can have. Although workers’ compensation may have certian limitations, you would not be responsible for co-pays under workers’ compensation.
- If you change your mind later, it might be too late. Under the law, you are to report your injury within 30 days in most circumstances. Failure to report your injury timely can be a complete bar to benefits.
Although your reseaons to not report the injury may be legitimate, it is important to follow the law and report your injury to the employer. Keep in mind the following:
- Report your injury to your supervisor.
- Ask to fill our an incident report, if one is not supplied make sure to keep track of who you reported the injury to.
- Ask for copies of the incident report and/or First Report of Injury.
Talk with a lawyer if you have questions. Most lawyers, including myself offer free consultations.
If you have questions concerning your Minnesota workers’ compensation case, we at The Law Office of Thomas Mottaz are workers’ compensation attorneys willing to help. Contact us for a free consultation and we will answer your questions or help you find the right lawyer for your situation.