Don't Hesitate to File a Worker's Compensation Claim

If you are injured on-the-job or even suspect you've been injured, don't hesitate to file a worker's compensation claim immediately. According to Minnesota law, there is a 180 day statute of limitations; that means you have 180 days after you realize your injury is work related to notify your employer in writing that you have an injury. If you fail to make your claim within the 180 day period your claim can be denied. A recent split decision by the Minnesota Supreme Court emphasizes the importance of timeliness when filing a claim.

Beginning in 1987, Karl Anderson worked for Frontier Communications. His job duties involved stringing and maintaining overhead cable, installing underground cable, and repairing or replacing cable boxes. But the hardest part of his job was when he bent over to insert flags into the ground to mark underground cables, a repetitive action that he performed 7 to 10 thousand times a year.

After several years his job started to take a toll on his body. In 1996, after digging a ditch to lay cable, his back caused him so much pain he was seen by his physician who gave him a Demerol injection to relieve the pain. Karl initially reported his pain as a workplace injury, but later changed his mind. His back progressively worsened and eventually required surgery. His last day of work was July 4th, 2007, and he had back surgery two days later on July 6th. He received short-term disability for the first 90 days and then was on long-term disability. He applied for and was initially denied social security disability insurance (SSDI), but was finally granted SSDI in March of 2009.

Unfortunately, Karl did not realize his back pain was work related until April of 2009, almost two years after leaving his job, when his attorney was informed of such by his physicians. At that point his attorney notified Frontier Communications he was filing for worker's compensation. When his request was denied, he sued.

The issue in this case was whether a "reasonable person" would recognize his injury was work related. Karl's attorney argued that Karl could not have known or understood that his back pain was a result of his job until after he was informed by his physicians. However, the compensation judge, noting that Karl had failed to submit his claim within the 180 day period as defined by the law, denied Karl's claim.

Karl appealed his claim to the Worker's Compensation Court of Appeals (WCCA). After reviewing the evidence and testimony they reversed the denial, writing "Substantial evidence does not support a conclusion that a 'reasonable' person would have known he had a compensable injury which needed to be reported to his employer until provided reports establishing a work relationship to Mr. Anderson's attorney."

Unfortunately for Karl, his employer and employer's insurance company appealed to the Minnesota Supreme Court. In a split decision, the Minnesota Supreme court ruled against Karl, and for a second and final time his compensation claim was denied.

When Karl Anderson started feeling back pain, he assumed that the injury, though aggravated by his job, was not job related. In fact, he kept diligently working at his job, even though he was in pain. One of the dissenting judges described him as "long-suffering," saying, "When viewing Anderson's response to his injury, the adjective 'long-suffering' comes to mind. It appears as though he was '[p]atiently enduring [the] wrongs or difficulties' he was experiencing in life."

However, as Karl stoically worked and endured the pain, his injury grew worse. Perhaps you're like Karl; even though you hurt you don't want to possible jeopardize your employment, you just want to do your job. Don't endanger your health for the sake of your job. If you are in pain, see your doctor. If you're concerned that you job may be the cause of your pain, ask your doctor if your injury is job related. If the medical professional feels your injury is job related, don't hesitate to file a First Report of Injury to initiate a worker's compensation claim.

Fighting an injury while fighting with your employer over who's responsible for the injury can be an overwhelming and phenomenally stressful occurrence. Don't give your employer a reason or opportunity to deny you the compensation you deserve. If you feel you've suffered a job related injury, see your doctor, then contact an attorney who specializes in worker's compensation law. Be proactive in obtaining the medical help you require and the legal help to gain the compensation and protection you are entitled to.

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