Workers' Compensation in Minnesota
Overview
If you are hurt on the job in Minnesota, you are likely entitled to workers’ compensation benefits. These benefits can cover your medical bills, a portion of your lost wages, and rehabilitation services. It does not matter who caused the injury — workers’ compensation is a no-fault system.
Minnesota’s workers’ compensation law is found in Minn. Stat. § 176 . Almost all Minnesota employers are required to carry workers’ compensation insurance. The system is overseen by the Minnesota Department of Labor and Industry (DLI).
This guide explains how to report a workplace injury, what benefits you may receive, and what to do if your claim is disputed.
Who this guide is for: Minnesota workers who have been injured on the job or developed a work-related illness and need to understand their rights and the claims process.
- Workers’ compensation is a no-fault system – you do not need to prove your employer was at fault.
- Your employer cannot fire you for filing a workers’ compensation claim.
- You have the right to choose your own doctor after the first visit.
- You do not have to pay for medical treatment related to an accepted work injury.
- You may be entitled to wage-loss benefits, rehabilitation services, and permanent disability compensation.
- All workers are covered, including part-time and temporary employees.
This is legal information, not legal advice. For help with your specific situation, contact a legal aid organization.
Do I Have a Case?
You may be eligible for workers’ compensation benefits if:
- You are an employee (not an independent contractor) of a Minnesota employer
- You were injured at work or developed an illness because of your work duties
- Your injury arose out of and in the course of your employment — it happened while you were doing your job or something related to it
- You reported the injury to your employer within the required time
Step-by-Step Process
Step 1: Report the Injury to Your Employer
Tell your employer about your injury as soon as possible. You should report the injury in writing if you can.
Under Minn. Stat. § 176.141 , you must give your employer notice of the injury within 180 days of when you knew or should have known the injury was related to your work. However, reporting sooner protects your rights and avoids disputes.
When you report, include:
- What happened — describe the injury or how the illness started
- When it happened — date and time
- Where it happened — location at your workplace
- What body parts are affected
Step 2: Get Medical Treatment
Seek medical care right away. Your health comes first.
For emergency treatment, go to the nearest hospital or urgent care. For the first visit, your employer or their insurance company may direct you to a specific doctor. After that initial visit, you have the right to choose your own treating physician.
Tell your doctor that the injury is work-related. Your medical records will be important to your claim.
Step 3: Employer Files the First Report of Injury
Your employer is required to file a First Report of Injury with their workers’ compensation insurance company and DLI. This form notifies the insurer of your claim.
You should ask your employer to confirm that the report has been filed. If your employer fails to file, you can contact DLI directly.
Once the insurer receives the report, they will investigate the claim. The insurer must accept or deny the claim within a reasonable time.
Step 4: Receive Benefits
If your claim is accepted, you may receive several types of benefits under Minn. Stat. § 176 :
- Medical benefits — The insurer pays for all reasonable and necessary medical treatment related to your work injury
- Temporary Total Disability (TTD) — If you cannot work at all, you receive two-thirds of your weekly wage (subject to a maximum), paid every two weeks
- Temporary Partial Disability (TPD) — If you can work but earn less because of your injury, you receive two-thirds of the difference between your pre-injury wage and your current earnings
- Permanent Partial Disability (PPD) — A one-time payment based on the type and severity of your permanent impairment, rated by your doctor using a schedule set by DLI
- Permanent Total Disability (PTD) — Ongoing wage-loss benefits if you are permanently unable to work in any capacity
Benefits are paid by your employer’s workers’ compensation insurance company, not your employer directly.
Step 5: Request a Qualified Rehabilitation Consultant (QRC) If Needed
If your injury prevents you from returning to your old job, you may be entitled to rehabilitation services. A Qualified Rehabilitation Consultant (QRC) can help you:
- Develop a plan to return to work
- Find job retraining or education programs
- Search for a new job that fits your abilities
You have the right to request a QRC. The insurer may also assign one. If you are unhappy with the assigned QRC, you can request a different one.
Step 6: Resolve Disputes at OAH
If the insurer denies your claim, disputes your benefits, or stops paying, you can file a Claim Petition with the Office of Administrative Hearings (OAH).
An OAH compensation judge will hear your case. The process includes:
- Filing a Claim Petition (available at oah.state.mn.us)
- A pre-hearing conference to narrow the issues
- A formal hearing where both sides present evidence and testimony
- A written decision from the judge
You may also resolve your claim through a Stipulation for Settlement, which is a voluntary agreement between you and the insurer. A judge must approve any settlement to make sure it is fair.
Key Deadlines
| Deadline | Details |
|---|---|
| Report injury to employer | Within 14 days is recommended; 180 days is the legal limit under § 176.141 |
| Statute of limitations for filing a claim | 3 years from the date of injury (or 3 years from last payment of benefits) under § 176.151 |
| First Report of Injury | Employer must file promptly after learning of the injury |
| TTD benefit payments | Must begin within 14 days of the insurer’s knowledge of the disability |
| PPD rating | Typically done after you reach maximum medical improvement (MMI) |
Costs & Fees
| Item | Cost |
|---|---|
| Medical treatment for your work injury | Paid by the insurer (no cost to you) |
| Filing a Claim Petition at OAH | Free |
| QRC rehabilitation services | Paid by the insurer (no cost to you) |
| Attorney fees | Typically contingency-based (paid from your award, approved by judge) |
You should not have to pay out of pocket for medical treatment related to an accepted workers’ compensation claim. Attorney fees in workers’ compensation cases are regulated and must be approved by a compensation judge.
Workers' Compensation Claim Checklist
When to Get a Lawyer
You can handle a simple, accepted workers’ compensation claim on your own. However, consider getting a lawyer if:
- Your claim has been denied or your benefits have been cut off
- The insurer is disputing the extent of your injury or disability
- You have a permanent injury and need help with your PPD rating
- Your employer is retaliating against you for filing a claim
- You are being asked to sign a settlement (Stipulation for Settlement)
- Your case involves complex medical issues or multiple injuries
Many workers’ compensation attorneys work on contingency and offer free initial consultations. Attorney fees are regulated and must be approved by a compensation judge.
Related Guides
A plain-language guide to understanding wrongful termination claims in Minnesota, including at-will employment exceptions, discrimination, retaliation, and how to take action. What to do if your employer has not paid you. A plain-language guide to Minnesota wage theft laws, how to file a complaint, and your rights as a worker. A plain-language guide to applying for and appealing unemployment benefits in Minnesota, including eligibility, the appeals process, and common issues.Wrongful Termination in Minnesota
Wage Theft and Unpaid Wages in Minnesota
Unemployment Benefits in Minnesota
Where to Get Help
Mid-Minnesota Legal Aid
Southern Minnesota Regional Legal Services
Volunteer Lawyers Network
LawHelpMN
Minnesota State Bar Association Lawyer Referral
- Minnesota Department of Labor and Industry (DLI) — Workers’ compensation information and assistance. Call 651-284-5005 or 800-342-5354, or visit dli.mn.gov
- Office of Administrative Hearings (OAH) — Information about the dispute process. Visit oah.state.mn.us
Frequently Asked Questions
Can I be fired for filing a workers’ compensation claim?
No. Minnesota law prohibits employers from retaliating against you for filing a workers’ compensation claim or exercising your rights under Minn. Stat. § 176 . If you believe you were fired or punished for filing a claim, contact an attorney.
What if my employer says I am an independent contractor?
Your actual working relationship matters more than what your employer calls you. If your employer controls when, where, and how you do your work, you may be an employee entitled to workers’ compensation even if you were labeled an independent contractor. DLI or an attorney can help you determine your status.
Can I choose my own doctor?
For the first visit, your employer or their insurer may direct you to a specific provider. After that, you have the right to choose your own treating physician. You can also get a second opinion if you disagree with a diagnosis or treatment plan.
What if my injury gets worse over time?
If your condition worsens, you may be entitled to additional benefits, including more TTD payments or a higher PPD rating. Notify the insurer and get updated medical documentation from your doctor. There are time limits for reopening a claim, so act promptly.
Do I have to accept a settlement offer?
No. A Stipulation for Settlement is voluntary. Do not sign anything until you fully understand what you are giving up. A settlement usually means you agree to close your claim permanently. Consult an attorney before accepting any settlement offer.
What if I was partly at fault for my injury?
Workers’ compensation is a no-fault system. Even if you made a mistake that contributed to your injury, you are still generally eligible for benefits. However, benefits may be denied if your injury was caused solely by intoxication or intentional self-harm.