How Long Do I Have To Sue for Work-Related Injuries in Minnesota?
If you were injured on the job, one of your first questions is probably, “How long do I have to sue for work-related injuries?”
Experienced workplace accident attorneys in Minnesota can help you understand the deadlines and other requirements of filing a claim through the workers’ compensation system.
Reporting Your Injury
To preserve your right to file a workers’ compensation claim, you must report your injury to your employer as soon as possible. Failing to do so within 14 days of the accident could make you ineligible for benefits.
Once you notify your employer, they must send an official report of the workplace accident to the Department of Labor and Industry.
Do You Sue Your Employer?
Technically, “How long do I have to sue for work-related injuries?” is an imprecise question because workplace injury claims are unlike regular personal injury lawsuits. Workers’ compensation protects employee rights on a no-fault basis, so it doesn’t matter who caused your injury. You collect benefits but usually cannot sue your employer.
However, you may be able to file a personal injury claim in addition to your workers’ compensation claim if a third party, like a subcontractor, caused or contributed to your accident.
Deadlines for Filing a Workers’ Compensation Claim
As a rule, you must file your workers’ compensation claim within three years from the time your employer sends their report of the accident. In practice, you’ll want to start the claim process as early as possible once you have a full picture of your medical condition. Acting quickly will help you prove eligibility and collect benefits sooner.
What if your employer doesn’t file a report of the injury? Some employers may try to avoid reporting injuries so they don’t have to pay higher insurance premiums. In this case, you have six years to file a claim, starting from the date you first notified your employer of the injury.
Third-Party Injury Claims
If your pathway to seeking compensation is a third-party personal injury claim, you must file such a claim within six years of the injury in Minnesota. However, you’ll want to take legal action as soon as possible while the evidence is fresh and you can collect witness testimonies more easily.
Unlike regular workplace injury claims, which only cover medical expenses, disability benefits, and vocational rehabilitation, a third-party claim may include compensation for pain and suffering. Punitive damages may also apply if your accident involved egregious negligence. A skilled personal injury lawyer can let you know who may be liable for your injuries.
Contact Novitzke, Gust, Sempf, Whitley & Bergmanis Attorneys at Law for Legal Support With Workers’ Compensation Claims in Minnesota
Are you wondering, “How long do I have to sue for work-related injuries in Minnesota?” Our law firm can handle the claim process on your behalf and fight to help you collect the full extent of available workers’ comp benefits.