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Navigating a workers’ compensation claim is never easy. But matters can feel especially difficult when you are faced with various workers’ comp adjuster tricks throughout the process delaying the resolution of your claim. 

Fortunately, there are rules in place to help protect you from certain workers’ comp dirty tricks and other predatory tactics frequently employed by insurers, adjusters, and third-party administrators.

Use our guide below to learn more about three common workers’ comp delay tactics in Minnesota. Then contact the Criminal Defense and Workers’ Compensation Law Office of Arechigo & Stokka to see how our team can help. 

1. Communication Delays

Prompt communication is crucial during the workers’ compensation claims process. Unfortunately, adjusters commonly employ certain techniques, such as refusing to timely return calls and emails, in an effort to slow down resolution of the claim. Depending on the circumstances, however, doing so may be a violation of Minnesota law. 

For example, Minnesota Statutes section 176.194 Subd. 3 strictly prohibits the following communication delays: 

  • Failure to reply to written communications from a claimant requesting a response about their claim within 30 calendar days after receipt; and
  • Failure to advise the claimant of the acceptance or denial of their claim by the insurer within 45 calendar days after receipt of a written request.

If the adjuster for your claim has failed to timely respond to your requests for updates or information, speak with an attorney today to discuss your options moving forward.  

2. Investigation Delays

Minnesota law also prohibits investigation delays. In fact, insurers and adjusters may not deny liability for workers’ compensation benefits without first conducting an investigation. 

Thus, if the adjuster for your claim has advised that you are not entitled to an investigation but that your claim has nevertheless been denied, this is not the case. 

3. Benefit Payout Delays

Even after your claim has been approved, adjusters may attempt to delay resolution moving forward. However, know that this also is not permitted. 

For example, insurers must pay or deny medical bills within 45 days after receipt of all necessary materials provided by medical providers needed to make a payout determination.

Failure to timely and regularly pay approved weekly benefits is also prohibited. Specifically, failure to timely pay such weekly benefits within 3 business days of the due date on more than 3 occasions within a 12-month period constitutes a violation. 

Speak with a Minnesota Workers’ Compensation Attorney Today

If you’ve encountered these or other workers’ comp adjuster tricks and delay tactics, Arechigo & Stokka is here to help. 

Attorneys and firm founders John Arechigo and Josh Stokka have decades of experience and hundreds of cases under their belts.

They pride themselves on providing zealous advocacy and direct, personal representation, which is what you deserve for a case of this magnitude. 

When you’re hurt at work and aren’t sure where to turn, give us a call for your free consultation. Let’s discuss your case and see what our team can do for you. 

You might also be interested in:

  1. What Does TTD Mean in Workers’ Comp?
  2. What Happens to Workers’ Comp If You Lose Your Job?
  3. What Does TPD Mean in Workers’ Comp in MN?
  4. Can You Get Fired for Failing a Workers’ Comp Drug Test?
Author Photo Joshua R. Stokka

Josh has been representing injured workers for over 10 years. Josh was born and raised in Fargo, North Dakota, and attended the University of Minnesota-Duluth where he earned a Bachelor of Arts Degree in Criminology. Mr. Stokka alson received his law degree from the Hamline University School of Law. During law school, Josh clerked at a Minnesota law firm specializing in personal injury and workers’ compensation. 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 on defending injured workers in Minnesota.

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