In Minnesota, the amount of time that you have to file a workers’ compensation claim depends on two factors, including:
- Whether any benefits have been paid; and
- Whether a First Report of Injury has been filed with the Department of Labor and Industry.
If any benefits have been paid in the past, then the injured worker would be able to bring a claim at any time during the life of the claim. This means that an injured worker can bring a claim at any time for workers’ compensation benefits as long as those benefits continue to remain open.
If no benefits have been paid, then the question turns as to whether or not a First Report of Injury has ever been filed with the Department of Labor and Industry. If a First Report of Injury has been filed, then the injured worker would have three years from the date of injury to bring a claim. If the claim is not brought within those three years, than the injured worker would be forever barred from bringing a claim. If a First Report of Injury has not been filed, then the injured worker would have six years from the date of injury in order to bring a claim.
There is also a statute of limitations in order for an injured worker to bring a claim for retraining. A retraining claim can be made within 156 weeks or 208 weeks of combined benefits depending on your date of injury. If a claim has not been brought for retraining, even if benefits have been paid, the claim may be barred based on the statute of limitations.
In cases of dependency benefits, the dependents or estate would have three years from the date of death in order to bring a claim.
In some situations, such as occupational diseases or cumulative trauma injuries for which to file a claim can be lengthened depending on the facts of the case.
It is important to contact a workers’ compensation lawyer so that claims will not be barred by the statute of limitations.
If you wish to discuss your case to determine whether or not benefits are available to you, please feel free to contact our office for a free consultation.
