In our Minnesota workers’ compensation law practice, we regularly see even the most legitimate workers’ compensation claims being denied by workers’ compensation insurance companies. If primary liability is denied on your Minnesota workers’ compensation claim, you should strongly consider consulting with a lawyer who is experienced in the Minnesota work comp law.
If you’ve sustained an on-the-job injury in Minnesota, your employer is required to report your injury to their workers’ compensation insurance company by filing a First Report of Injury form within 10 days of the date they had knowledge of your injury, or 10 days from the date that you reported your injury. If you miss more than three calendar days of work, the insurer is required to file the First Report of Injury form with the Minnesota Department of Labor and Industry.
The workers’ compensation insurance company has up to 14 days from the date your employer had notice of your injury within which to file a Notice of Primary Liability Determination in the event that the insurer is denying primary liability on your claim. In some cases, the insurance company may make initial payments on your case, and then after conducting an “investigation,” retroactively deny primary liability.