MCIT regularly receives workers’ compensation incident notices (First Reports of Injury) that are incomplete (missing critical information), inaccurate or too late to investigate effectively. This can result in warnings and/or penalties from the Department of Labor and Industry for late reporting.

The first step in effective claims management is proper notice. MCIT depends on members’ thorough and timely submission of the workers’ compensation notice (First Report of Injury). It is important to understand that in the world of workers’ compensation, everything is measured in calendar days and penalties are assessed for untimely action.

Legal Obligations for Timely Report

Employers have a legal obligation to report claimed work-related injuries. Any claimed work injury from a member’s employee that keeps the employee out of work for three calendar days must be reported to MCIT, by law, within 10 days of the occurrence. MCIT requests receipt of the report within five days of the reported injury or illness to conduct a diligent investigation.

Upon receiving notice of an injury, often MCIT staff needs to gather medical information. This takes time and MCIT staff has 14 calendar days from the date the member is notified of the injury to make a determination of liability, issue payment or deny the claim.

These timelines are even more critical if the claim is questionable, as the Minnesota Department of Labor and Industry requires an attachment of supporting documentation to any denial, otherwise it assesses penalties for “frivolous denials.”

State law also requires that an employer report serious injuries or deaths to state agencies on much shorter timelines. See below for those details.

Penalties for Late Reporting

Minnesota law imposes a penalty of up to $500 for each delayed report. In addition, if MCIT does not commence payments within the 14-day period, an additional penalty of up to 125 percent of the late payment can be assessed. This can result in payment of more than twice the benefits that were initially due!

Penalty payments affect the member’s loss experience, as well as the member’s contributions for the next three years.

MCIT Assists with Questionable Incidents

If a member is unsure whether to report an incident to MCIT about a questionable situation, call MCIT for advice at 1.866.547.6516. Do not delay in reporting a claim because it seems questionable.

Submitting the incident through the MCIT member portal (the First Report of Injury) does not admit liability; it only means a claim has been made by the employee. Again, the sooner MCIT receives the incident notice, the sooner MCIT staff can begin the investigation and make a decision regarding compensability.

Tips for Completing Incident Notice (First Report of Injury)

As a rule, the employee should never complete the First Report of Injury form. The form should be filled in as completely as possible by the employer.

Key information includes:

• • Social Security number—Required for identification purposes

• • Date of injury—If unknown, the best guess, first date of treatment, etc.

• • Employee address—Required for MCIT to send Employee Information Sheet mandated by the state

• • How injury occurred and which body part was injured—be specific

• • Date member received notice—This is critical as this includes the direct supervisor

• • Lost time information—This is critical; if none, may note “N/A” in the blanks

• • Medical treatment information—If name of facility is unknown, indicate “pending”

• • Date form completed

• • First day of any lost time

• • Return to work date if any

• • Address where incident occurred if not on employer’s premises

If members are unsure about anything on the Workers’ Compensation Incident Notice (First Report of Injury) , they should immediately contact MCIT. They should not delay reporting. When key information is missing, MCIT staff will contact members.