Tuesday, September 25, 2012

You Have Been Injured At Work. What Should You Do First.

Under Minn. Stat. § 176.141 Minnesota workers’ compensation case law, an employee must give notice of injury no more than 180 days after it becomes reasonably apparent to the employee that the injury has resulted in, or is likely to cause, a compensable disability.  For years it was believed that an employee who sustained a work injury over many months or years did not have to advise their employer of a work injury until their doctor gave them expert medical advise of the same.  However late this summer the Minnesota Supreme Court decision Anderson v. Frontier Communications.

In Anderson v. Frontier Communications, the employee claimed a repetitive trauma injury known as a "Gillette" injury to his low back injury from his work as a lineman from 1986 through 2007. He employee did not initially seek medical treatment for his back condition until 2007. At trial the employee admitted he knew that his work activities were aggravating his low back problems in 2007. His doctors did not place any restrictions on him and the injury was not reported to the employer. The employee went off work for low back surgery in 2007. After soliciting reports from his surgeons in May 2009, nearly two years after the last day he worked, the employee gave written notice of his injury to the employer.

The Supreme Court created a new rule that essentially means that if you are injured you MUST notify your employer within 180 days that you were injured regardless of how minor your injured may initially be.  If you cut your hand, get a sliver in your eye, twist your back, sprain your knee tell your supervisor or employer safety director immediately.  Due NOT wait, hoping it gets better.  If your supervisor won't get you a form to report the injury, call my office and we will do it for FREE!  YES FOR FREE!

At Atkinson Law Office and Minnesota Disability we have an award winning team of staff and lawyers with decades of experience working with injured workers.  Our telephones are answered 24 hours a day/7 days a week.  Your consultation is free and there is never a fee unless we recover benefits.  And we have staff to assist you filling out First Reports of Injury to protect your right to Minnesota Workers Compensation benefits.  Call today 651-333-3636 in the Twin Cities or throughout the entire state of Minnesota.