Reminder about Nov. 2 law change, first reports of injury

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Feb. 5, 2021

Reminder about Nov. 2 law change, first reports of injury

This is a reminder that effective Nov. 2, 2020, the workers' compensation law requires insurers and self-insured employers to file first reports of injury, if one has not already been filed, within 14 days after the date that:  a document initiating a dispute is filed; a rehabilitation consultation report or rehabilitation plan is filed; or when permanent partial disability is ascertainable under Minnesota Statutes section 176.101, subdivision 2a. The law is provided below.

176.231 Report of death or injury to commissioner of the Department of Labor and Industry

Subdivision 1. Time limitation

  • (a) Where death or serious injury occurs to an employee during the course of employment, the employer shall report the injury or death to the commissioner and insurer within 48 hours after its occurrence. Where any other injury occurs which wholly or partly incapacitates the employee from performing labor or service for more than three calendar days, the employer shall report the injury to the insurer on a form prescribed by the commissioner within ten days of its occurrence.
  • (b) An insurer and self-insured employer shall report the injury to the commissioner no later than 14 days from its occurrence. If an injury has not previously been required to be reported, the insurer or self-insured employer must report the injury to the commissioner, in the manner and format prescribed by the commissioner, no later than 14 days after the date that:

    • (1) any document initiating a dispute is filed under this chapter;

    • (2) a rehabilitation consultation report or a rehabilitation plan is filed under this chapter; or

    • (3) permanent partial disability is ascertainable under section 176.101, subdivision 2a.

  • (c) Where an injury has once been reported but subsequently death ensues, the employer shall report the death to the commissioner and insurer within 48 hours after the employer receives notice of this fact.

This is also available on the Office of the Revisor of Statutes website at www.revisor.mn.gov/statutes/cite/176.231.

More information

For more information about this law, contact the Workers' Compensation Division Help Desk at helpdesk.dli@state.mn.us, 651-284-5005 (press 3) or 800-342-5354 (press 3). Live support is available from 8 a.m. to 4:30 p.m., Monday through Friday.

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