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Notice requirements for reporting a work injury

Notice requirements for reporting a work injury

Sunday, July 30, 2017

The Minnesota Workers' Compensation Act requires an employee to notify the employer of a work-related injury in a timely manner.  This is referred to as the "notice requirement," and is set forth in Minnesota Statutes section 176.141.  There are three separate time periods specified in the statute, 14 days, 30 days, and 180 days. 

An employee can provide either written or verbal notice to their employer of the work injury.  If the employer has "actual knowledge" of the of the injury then the "notice requirement" is satisfied.  The Minnesota Supreme Court has defined "actual knowledge" as information that would put a reasonable employer on inquiry that the disability is work-related. 

There are exceptions to the "notice requirement."  Minnesota statute provides that a late report of work injury is excused where an employee is physically or mentally unable to give notice.  The time period begins to run when the employee's incapacity ceases.  Also the trivial injury doctrine is well established in Minnesota workers' compensation law.  The Minnesota Supreme Court has held that the notice period in Minnesota Statutes Section 176.141 may be extended if the employee's injury is deemed trivial.  The statutory time for providing notice begins to run from the time it becomes reasonably apparent that the injury has resulted in, or is likely to result in, a compensable disability.  There also exists different notice requirements for what is known as Gillette and Occupational Disease injuries

If  you have a work injury and you are concerned that you have waited too long to report the injury to your employer, please don't hesitate to contact either the Bailey or Garbow Law Office for help.