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.
Injured at work or suffering from an injury that may be caused or aggravated by your job? Let our expert workers compensation lawyers with over 60 years combined experience help you find answers to your work comp questions including; temporary partial disability, temporary total disability, permanent total disability, medical benefits, layoffs, pain and suffering, retraining, discontinuance of benefits, attorney fees, and light duty work. To speak to a MN work comp expert call 651-333-3636