Important Information about Dates and Deadlines
When you have been hurt on the job, there are specific steps you must take to ensure that you recover full and fair compensation for all your losses. You want to work closely with an experienced lawyer, one who has a comprehensive understanding of the laws and processes governing your right to recovery, particularly the important dates and deadlines you must meet.
At the Fellman Law Office, in St. Paul, I, Mark Fellman, have protected the rights of injured workers for over 30 years. Because of my reputation for aggressive and knowledgeable legal counsel, I am AV-rated* by other lawyers under Martindale-Hubbell's Peer Review Rating System. I have also been named a Minnesota "Super Lawyer" by Minnesota Law & Politics, Minneapolis/St. Paul Magazine, and Twin Cities Business Magazine. In 2006 and 2007, I was designated as a "Top 100 Minnesota Super Lawyer."
As a result of my record of success, many of my new clients come to me as referrals from other attorneys, or from former/current clients. To set up an appointment, contact my office or call me at 651-222-9515.
Experienced and Aggressive Workplace Injury Attorney
When you have been injured on the job, the following process occurs:
- You must immediately notify your employer of the injury and the incident.
- Your employer will notify the insurance company that a claim is being made.
- The insurance company will then contact you to find out what happened and will conduct an investigation to determine the validity of your claim.
- The insurance company will accept or deny the claim.
- You retain an attorney to protect your rights if the claim is denied or not fully accepted.
Deadlines and Important Dates
Notice. To receive workers' compensation benefits, you must notify your employer within 14 days of the injury. It is critical that you notify your employer, not the Department of Labor and Industry, as that notice will not be sufficient. However, if you provide notice within 30 days, you will generally be okay, provided the insurance company is not unfairly prejudiced by the delay in notice. Furthermore, notice provided within 180 days of an injury may still be sufficient if you can show there was a mistake or ignorance of the law, somebody told you that you'd be fired if you filed a claim, or you were physically or mentally unable to provide notice. It is always best to provide notice to your employer as soon as possible.
Statute of Limitations.
Physical Injuries or non-occupational disease. If your workers' compensation claim was denied and a First Report of Injury was filed with the Minnesota Department of Labor and Industry, you have three years from the date of the filing to pursue a claim by initiating a lawsuit. If a First Report of Injury was not filed, you have six years from the date of the injury to pursue the claim by filing a lawsuit.
Occupational disease. The law combines the notice requirements and the statute of limitations for occupational disease claims. The lawsuit must be served and filed within 3 years from the date that you have sufficient information to know that you have a medical problem related to exposure at work and that you have suffered a disability which would include time off from work or restrictions that change your job. This is a different time frame than that for physical injuries.
Contact Fellman Law Office
For a private consultation, contact my office or call me at 651-222-9515.