Rosengren Law Office, LLC

Should I sue if my workers’ comp claim is denied?

If you are suffering an injury that you received on the job, it’s important to be able to recover costs for medical expenses, lost wages and more. Workers’ compensation is an insurance required of all businesses that should be there to provide you with these funds when you need them most.

But it can be frustrating to have a legitimate claim denied. If you’ve found yourself denied for a work-related injury, here are a few steps you can take to get the help you need.

Get clear on workers’ compensation limits

Part of the reason workers’ compensation is advantageous for employers is that it generally protects the employer from facing any legal action for injuries brought by an employee. If you have been injured at work, suing your employer is probably not within your rights.

Other limits imposed by workers’ compensation may dictate the eligibility of your claim. For instance, getting the common cold at work or getting involved in a car accident in the parking lot at work do not qualify as work-related injuries.

Minnesota statutes of limitations may also affect your eligibility for compensation. Under this law, you must inform your employer of your injury within 14 days of the incident for maximum benefits or within 30 days for partial benefits. An experienced lawyer can help you understand whether you have a qualifying injury under Minnesota workers’ compensation guidelines.

Discuss misunderstandings

If your claim is legally sound, but you are still receiving push-back, you can call the insurance claim adjuster to discuss your claim. This may help clear up any misunderstandings he or she may have had while reviewing your claim.

Request a hearing

If you’re still getting nowhere with your claim and have sought the opinion of a skilled attorney, your best course of action may be to file an Employee's Claim Petition. This may require court appearances, so it is imperative that you and your lawyer have a defense strategy prepared for these proceedings.

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