Not all workers compensation cases in Minnesota are accepted by insurance companies. Even if the insurer accepts liability, it may not pay benefits, or it may discontinue your benefits after initially paying them. If you have been injured on the job there are important Minnesota workers rights you have under the law.
Initial Denials
MN worker comp cases that are denied from the outset are stated on a Notice of Primary Liability Determination. This is a document that the insurer completes and mails to the employee after receiving the First Report of Injury from the employer. If liability is accepted, it means that your claim has been approved. If liability is denied, it will state so, and it means that no benefits will voluntarily be paid.
• Appealing
If liability is denied, and you wish to make a claim for workers’ compensation benefits, you can appeal the denial by filing Employee’s Claim Petition with the Minnesota Department of Labor. The Claim Petition initiates a claim for benefits. If you are unable to work because of your injury, or cannot work as much or in the same capacity, then you can claim wage loss benefits. If you need medical treatment for your work injury, then you can make a claim for this. If you need vocational rehabilitee assistance, you can claims this, as well.
Denials After Benefit Payments
Workers’ compensation benefits are “cut off” at a certain point. This can be for a valid reason, such as the employee does not need wage loss benefits because he has returned to his job, or the employee does not need medical treatment because he is completely healed—or it can be for an invalid reason. If the denial was not made for what you consider to be a valid reason, you should consult an attorney to appeal.
• Appealing the Denial of Medical Benefits
If medical treatment is denied, you can appeal by filing a Claim Petition, or by filing a Medical Request with the Minnesota Department of Labor. This document claims that past medical bills get paid, or that recommended medical treatment be approved. It can also claim an employee’s expenses to medical appointments, such as mileage and parking. After filing the Medical Request, a conference will be held at the Department of Labor with a mediator who will approve or deny the request.
• Appealing the Denial of Wage Loss Benefits
If you are receiving wage loss benefits, and the insurance company seeks to terminate these, the insurance company notifies you in writing by sending you a Notice of Intention to Discontinue Workers’ Compensation Benefits. You can appeal this by making a written, in-person, or telephone request to the Department of Labor for an administrative conference. There are time limits for doing this. At the administrative conference, a workers’ compensation judge will meet with the worker and his or her attorney, and the insurance claims adjuster or defense attorney. The judge will hear both sides of the issue and make a ruling based on workers compensation laws Minnesota statutes and case law.