If you had a work injury in the past, your right to bring a workers’ compensation claim against the employer and insurer remains alive and intact so long as none of the following has occurred:
• Statute of limitations has run. If a claim was denied and no benefits paid, then a claim would need to be made within 3 years if a First Report of injury was filed with the Minnesota Dept of Labor and Industry. 6 years if a First Report of Injury was not filed. If any benefits were paid in the past then there would NOT be a Statute of Limitations issue.
• Settled your workers compensation case through a Stipulation for Settlement. This would have been signed by you and approved by a compensation judge. Note – acceptance of permanent partial disability is NOT A SETTLEMENT.
• A Compensation Judge determined your injury resolved.
In limited situations above, a Stipulation for Settlement can be vacated or set aside allowing a claim to be made for past, present and future benefits.
Even if your employer or insurance company is no longer in business, you still may have a right to workers’ compensation benefits. This also includes if your employer did not have workers’ compensation insurance.
If you have questions about an old injury or an injury that occurred sometime ago, it is important to speak with an experienced work injury attorney. The date of injury dictates the law that gets applied. An inexperienced attorney may not be knowledgeable about the correct benefits available to you.
Our office has been in practice since 1989. Our office has experienced attorneys who can provide you sound legal advice regarding your potential benefits.