Legal Question in Workers Comp in Minnesota

Questions about first report of injury

I did not report my injury immediately to my employer, as I felt the injury could be corrected by seeking Chirporactic help. When I discovered that the pain was getting worse rather then better, I spoke to my employer, as well as sought medical treatment. The Dr confirmed that the injury appeared to be getting worse with the work I was doing. She recommended time off. My employer made me see their Dr's. Their Dr's have recommended me not working thru the middle of next week and have scheduled me to see a back specialist. My claim was turned down by Workmans Comp because I did not report the injury within 14 days. They also said because I couldnt give them an exact date immediately, but was able to narrow it down when the Adjuster took my statement, it sounded like my claim may not be founded. Now they are refusing to pay for anything. Including the time I have missed from work. I have used all of my vacation thru July. Through research we were able to narrow the date down exactly, but the report was 36 days after the incident. In the 36 days, I missed 3 full days of work due to pain, and had to work part days in between. Dispatchers knew within a few days of my pain issues, and were aware each time I needed to see a dr.


Asked on 1/03/05, 10:32 pm

1 Answer from Attorneys
J. Chris Carpenter Harvey and Carpenter

Re: Questions about first report of injury

There is some flexibility in the law over the time period to notify the employer, especially if you did not have a specific even that caused your injury. If your back got worse over time, you have a much longer period of time to report.

I think you should still pursue your claim. I would be happy to meet with you about it. (507) 625-3000.

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Answered on 1/06/05, 11:02 am


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