The implication is that the injury must occur during operations for the employer, or "during employment," and at the employer's location or a location mandated or reasonably expected by the employer.
But there is one workers' compensation concept on which every state agrees and to which every state subscribes; to be compensable, injury or illness must arise out of and in the course and scope of employment.
Further, the actions must, to some extent, be at the presumed direction of the employer or potentially foreseen by the employer. Injury may, in fact, arise out of employment and may even occur in the course of the employment but still be outside the scope of employment, negating compensability under workers compensation law.
Workers’ compensation coverage extends to personal injuries and occupational disease . Both are specifically defined by the Minnesota workers’ compensation statute. According to Minn. Stat. § 176.011, Subd. 16, a personal injury means an injury that arises out of and in the course of employment. It does not cover an employee except while engaged in, on, or about the premises where the employee’s services require the employee’s presence as a part of that service at the time of injury and during the hours of service. Where the employer regularly furnishes transportation to employees to and from work, those employees are covered by workers’ compensation while being so transported. Personal injury does not include an injury caused by the act of a third person or fellow employee intended to injure the employee because of personal reasons.
Stat. § 176.151, Subp. D. The employee is required to give notice to the employer and commence an action within three years after the employee has knowledge of the cause of injury and the injury has resulted in disability.
That said, if the employee was paid workers’ compensation benefits for the injury which resulted in death, such actions or proceedings by dependents must be commenced within three years after receipt by the Commissioner of written notice of the death, but not to exceed six years after the death. Where no first report of death is filed, the dependency claim must be brought within six years of the death if workers’ compensation benefits were paid or within six years of the injury if no workers’ compensation benefits were paid.
As it concerns the statute of limitations, the following events may toll the statute of limitations: (1) the employee’s physical or mental incapacity; (2) payment of workers’ compensation benefits or payment by the employer of medical or wage loss in lieu of workers’ compensation; (3) misrepresentation by the employer; (4) trivial injury rule.
Unless the employer has actual knowledge of the occurrence of the injury, the employee is obligated to give notice to the employer within 14 days after the occurrence of the injury. However, if the notice is given or the employer’s knowledge is obtained within 30 days from the occurrence of the injury, then the lack of notice does not bar compensation unless the employer can show prejudice. In effect, this is a 30 day notice limitation as provided by Minn. Stat. § 176.141.
The liability of an employer for benefits under the Workers’ Compensation Act is exclusive and is in the place of any other liability to the employee, the employee’s estate, surviving spouse, parent, child, dependent, or next-of-kin.
Minnesota law requires an employee to provide notice of the injury to the employer so that it may reasonably investigate the claim of a work-related injury. However, the timeframes applicable to giving notice can be relaxed if the employee doesn’t have reason to know work activity has caused an injury. For example, if the injury is one of repetitive minute trauma that gradually occurs during the course of employment, the notice period does not begin to run until it becomes reasonably apparent to the employee that the injury has resulted in or is likely to cause disability. When the evidence shows the employee understood or should have understood that her condition is work-related, the notice provision begins to run.
Compensation judges may conduct settlement conferences, issue summary decisions, approve settlements and issue awards thereon, determine petitions for attorney fees and costs, and make other determinations, decisions, orders, and awards as may be delegated to them by law or the commissioner.
A disease arises out of the employment only if there be a direct causal connection between the conditions under which the work is performed and if the occupational disease follows as a natural incident of the work as a result of the exposure occasioned by the nature of the employment.
"Weekly wage" is arrived at by multiplying the daily wage by the number of days and fractional days normally worked in the business of the employer for the employment involved. If the employee normally works less than five days per week or works an irregular number of days per week, the number of days normally worked shall be computed by dividing the total number of days in which the employee actually performed any of the duties of employment in the last 26 weeks by the number of weeks in which the employee actually performed such duties, provided that the weekly wage for part time employment during a period of seasonal or temporary layoff shall be computed on the number of days and fractional days normally worked in the business of the employer for the employment involved. If, at the time of the injury, the employee was regularly employed by two or more employers, the employee's days of work for all such employments shall be included in the computation of weekly wage. Occasional overtime is not to be considered in computing the weekly wage, but if overtime is regular or frequent throughout the year it shall be taken into consideration. The maximum weekly compensation payable to an employee, or to the employee's dependents in the event of death, shall not exceed 66-2/3 percent of the product of the daily wage times the number of days normally worked, provided that the compensation payable for permanent partial disability under section 176.101, subdivision 2a, and for permanent total disability under section 176.101, subdivision 4, or death under section 176.111, shall not be computed on less than the number of hours normally worked in the employment or industry in which the injury was sustained, subject also to such maximums as are specifically otherwise provided.
An officer of a political subdivision elected or appointed for a regular term of office, or to complete the unexpired portion of a regular term, shall be included only after the governing body of the political subdivision has adopted an ordinance or resolution to that effect;
Notwithstanding any law to the contrary, a farm laborer shall not be considered as an independent contractor for the purposes of this chapter; provided that a commercial baler or commercial thresher shall be considered an independent contractor. §. Subd. 12. Farm laborer.
If a dispute exists as to whether an employee's injury is compensable under Minnesota Statutes, chapter 176, and the employee has general health insurance, payment of medical bills is governed by Minnesota Statutes, section 176.191, subdivision 3.
A usual and customary charge under Minnesota Statutes, section 176.136, subdivision 1b, paragraphs (a) and (b), means the amount actually billed by the health care provider to all payers for the same service, whether under workers' compensation or not, and regardless of the amount actually reimbursed under a contract or government payment system.
the service, article, or supply is not usual, customary, and reasonably required for the cure or relief of the effects of a compensable injury or is provided at a level, duration, or frequency that is excessive, based on accepted medical standards for quality health care and accepted rehabilitation standards under Minnesota Statutes, section 176.136, subdivision 2, clause (2);
A prevailing charge under Minnesota Statutes, section 176.136, subdivision 1b, paragraph (b), is the 75th percentile of the usual and customary charges as defined in subitem (1) , based on no more than two years of billing data immediately preceding the date of service, for each service, article, or supply if the database for the service meets all of the following criteria:
the service does not comply with the treatment standards and requirements adopted under Minnesota Statutes, section 176.83, subdivision 5, concerning the reasonableness and necessity, quality, coordination, level, duration, frequency, and cost of services ;
Except as provided in items C to F, if the maximum fee for service, article, or supply is not limited by parts 5221.4005 to 5221.4070, the payer's liability for payment shall be limited to 85 percent of the provider's usual and customary charge, or 85 percent of the prevailing charge for similar treatment, articles, or supplies furnished to an injured person when paid for by the injured person, whichever is lower.
the service is outside the scope of practice of the particular provider or is not generally recognized within the particular profession of the provider as of therapeutic value for the specific injury or condition, under Minnesota Statutes, section 176.136, subdivision 2, clause (3).
Workers compensation laws protect the rights of injured workers, regardless of who was at fault for the accident. Our Minnesota workers compensation attorneys are here to ensure your rights remain protected by Minnesota state laws, including:
Workers compensation laws change in Minnesota often. If you were injured at work, the changes in these laws may affect your workers compensation benefits, even if you have already filed your case. Our Work Comp lawyers can help you understand the new laws, and how they apply to your situation. Contact us today for a free case review.