If you work in Minnesota and you are injured at work or you fall sick due to the nature of your work you are usually entitled to workers’ compensation. This is to ensure you are not financially disadvantaged when you need to take time off work to recover. Most injuries are covered as long as they take place while you are at work. However, despite the fact that you should be covered insurers aren’t as willing as you may think when it comes to paying the workers’ comp you deserve and your claim might be denied. Fortunately in Minnesota you can appeal such a decision, but you should ensure you have talked to a workers’ comp attorney first, who will decide if you are likely to win an appeal. Workers’ Compensation Law in Minnesota Workers’ compensation in Minnesota is overseen by the state body, the Minnesota Department of Labor and Industry (MDLI). Injuries caused at a worksite like tripping and falling are covered by Minnesota workers' compensation law. However, if the worker was under the influence of alcohol or illicit drugs at the time of the injury eligibility for workers’ comp will be denied. Also any intentional injury will not be eligible either. If the environment in the workplace caused the worker to become ill such as exposure to radiation poisoning or asbestos workers’ comp will be granted. Payment of all medical costs is covered by the employer's workers' comp insurance including the cost of transportation to attend a medical facility. There are a range of death benefits available to families of a worker who loses his or her life due to an injury or sickness occurring at work. Wages replacement makes up the largest component in a workers’ comp claim which for a temporary total disability is two thirds of the workers average weekly wage before the injury or sickness occurred. Other benefits cover permanent total disability which attracts 65% of the pre injury average weekly wage. Why a workers’ comp claim is denied in Minnesota There are a number of factors that could explain why a Minnesota workers’ comp could be denied: Insufficient information provided on the claim form. An administrative mistake made which was misunderstood by the claim’s officer. The employer stating the injury or sickness was not work related. The worker was drunk when the accident occurred. Insurers are rarely willing to hand over cash for any sort of claim if proof is provided that the applicant doesn’t qualify. Fortunately, Minnesota law has an appeal process which the worker can use if his or her workers’ compensation claim has been denied as so often misinformation is the cause of the denial so by appealing it gives a chance for both parties to put their case so the right decision in the end is actually reached. How to File an Appeal For a Workers’ Compensation Denial in Minnesota Before an appeal is filed you should get together with your workers’ compensation attorney first to find out the likely chance of success. You should then file an Employee’s Claim Petition found on the MDLI’s website. You will need to explain how the injury happened and what medical treatment you are receiving and this should be accompanied by a physician’s report. You should also include which category of disability benefit you are seeking. A copy of this petition must be forwarded to your copy and insurer. This must all be done within 3 years of the injury or sickness commencing. If you are disputing the payment for medical treatment, the MDLI will try to resolve this. However, you must file with the MDLI a Medical Request or Rehabilitation Request. The MDLI will arrange an administrative conference in order for the parties to reach an agreement. If this is not reached amicably the mediator will decide. This decision can be appealed by either party by seeking a Request for a Formal Hearing. Sometimes the MDLI will send a case straight to the Office of Administrative Hearings (OAH). This will initiate a formal administrative hearing and a workers’ compensation judge will hear the case. Evidence such as witness’s statements will be required and listening to a physician’s evidence. These hearings are sometimes over in a day but often take weeks to reach a decision. Once the hearing has finished the OAH judge will provide a written decision normally within one to two months. You Will Need an Attorney for a Workers’ Comp Denial Despite the fact Minnesota has a procedure for appealing a denial of a workers’ comp claim, it’s advisable to seek assistance from a workers’ comp attorney who has the experience to present an appeal that is more likely to win.
