The workers’ compensation system in Minnesota is an administrative process and, therefore, is different than a civil lawsuit. As a result, clients aren’t as familiar with the work comp process and what to expect during the duration of the time in the Minnesota work comp system.
First, an injured employee will report the work-related injury to his or her employer. The employer then must file a First Report of Injury. This First Report of Injury or “FROI” does not mean the employer and its insurance company will accept liability for the injury and begin making wage loss benefit payments or pay for your medical bills. This document shows that they were aware of the injury and that you believe your injury is causally related to your work activities. The FROI helps to demonstrate that the employer was placed on notice and aware of its potential liability. Employers—not employees—are responsible for completing the FROI and filing with the Minnesota Department of Labor and Industry.
Second, the work comp insurance carrier will decided whether or not to accept liability for the employee’s injury. The insurance company may collect medical records, conduct a recorded statement, and reach out to your employer or supervisor. It is best to have an attorney working on your behalf in the earliest stages. The insurance company is looking for reasons to deny your claim. If the insurance company accepts liability and pays everything they are required to pay, then the attorney will not take any fees. The insurance carrier will issue a Notice of Primary Liability Determination, a form that either accepts your claim or, if it denies your claim, will list a reason for the denial.