Notice of Accident

If a worker is injured in an accident at work, they (or their dependents in case of death) must notify the employer as soon as possible, but no later than 30 days after the accident.

The notice should be in writing and include the worker's name, address, details of the injury, the cause of the accident, and when and where it occurred.

The notice can be given to the employer, their representatives, or any person in charge at the workplace.

Notice of Occupational Disease

If the injury is an occupational disease (an illness caused by work conditions), the notice should be given to the employer who last employed the worker in the job that caused the disease.

Employer's Duty to Report Accident

If an accident occurs that may lead to a compensation claim, the employer must report the accident and resulting injury to the workers' compensation board within five business days.

• The report should include details such as the worker's name, address, industry, time and place of the accident, cause and nature of the injury, and the attending physician's information.

Employer's Duty to Report Worker's Return to Work

When a worker who has been unable to work due to an accident returns to work, the employer must notify the workers' compensation board.

Application for Compensation

To receive compensation, the worker or their dependents must file an application with the workers' compensation board.

The application should be submitted within one year of the injury or, in the case of death, within one year of the worker's death.

The application should include a certificate from a healthcare provider and any other required proof or information.

Prohibitions and Offences:

• Employers are prohibited from taking actions that prevent or discourage workers from claiming compensation.

• Discriminatory actions against workers for reporting violations or exercising their rights are also prohibited.

• Offences can be committed by employers or individuals who contravene these provisions.

Medical Reports Not Admissible as Evidence

Reports submitted to the workers' compensation board for the purpose of a worker's or dependent's claim are for the board's use and are generally not admissible as evidence in a court or tribunal, unless it can be proven that the report was made maliciously.

Worker's Obligation to Submit to Examination

If requested by the workers' compensation board, a worker who applies for or is receiving compensation must undergo a medical examination at a location that is reasonably convenient for the worker and determined by the board.

• If a worker fails to attend or obstructs the examination, their right to compensation is suspended until the examination takes place. During the suspension period, no compensation will be paid unless the board decides otherwise.

Worker's Cooperation and Mitigation

Workers have certain responsibilities, including:

• Taking reasonable steps to minimize or eliminate the negative impact on their earnings or physical well-being caused by the injury.

• Seeking and cooperating with medical aid recommended by the board to aid in their recovery.

• Collaborating with the board in developing and implementing programs related to returning to work, rehabilitation, disability management, or any other necessary program to promote their recovery.

MN Worker’s Compensation Act s. 18, 18.1, 19.1, 21, 22