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STARTING A WORKERS COMP CASE

The method to start a Minnesota work comp case depends on the benefit being claimed and whether the employer has accepted primary liability.  If the employer has denied primary liability for the injury, then a Claim Petition must be filed to start a Minnesota work comp case.  If the employer has accepted primary liability for the work injury and you believe you are entitled to Minnesota work comp benefits such as wage loss or a medical benefit, you can also file a Claim Petition.  If the employer has accepted liability and you are only claiming a medical benefit, a Medical Request document must be filed to start a Minnesota work comp case.  If the employer has denied liability for the injury, a Medical Request cannot be filed because primary liability has not been established.  The benefit to filing a Medical Request rather than a Claim Petition is the matter will be set on the court’s calendar sooner than it would if a Claim Petition was filed.

A CLAIM PETITION IS THE MINNESOTA WORK COMP VERSION OF A SUMMONS AND COMPLAINT, WHICH IS HOW A TRADITIONAL LAWSUIT IS STARTED.

The petition must state the names and addresses of all parties, the date of injury, the average weekly wage claimed, the nature of the injury, the extent of disability claim, and that notice of the injury was properly provided to all parties.  All witnesses must also be named, the desired location of the hearing, how long of a hearing is anticipated, and any request for a settlement conference or pretrial hearing.  Some evidence indicating the injury was a work injury must also be attached.

THE EMPLOYER AND INSURER MUST SERVE AND FILE AN ANSWER TO THE CLAIM PETITION WITHIN 20 DAYS.

The answer must include specific responses to the allegations, medical reports on which the answer is based, any affirmative defenses, and information regarding the IME.  If a timely answer is not filed, and an extension is not requested, the matter can be set for an immediate hearing.

If you have questions about how to start a Minnesota work comp case, call our Minnesota workers’ compensation lawyers today.  Our Minneapolis/St.Paul work comp attorneys will provide a free consult and answer all of your questions about how to start a work comp case.

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Joshua R. Stokka

Josh has been representing injured workers for over 10 years. After his first job during law school working for a workers’ compensation attorney, he decided that workers’ compensation is what he eventually wanted to do after law school. Prior to practicing in the area of workers’ compensation, Josh clerked for a judge in the 7th Judicial District in Minnesota. This valuable experience gave him insight into how judges think, do their jobs behind the scene, and how to frame a case in order to obtain a favorable result.  Now, he focuses 100% of his practice to defending injured workers’ in Minnesota.

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