Having to file a workers’ compensation claim is not an ideal situation. After all, it means you got injured on the job, which likely required medical care and resulted in lost wages. Filing a claim is a rather straightforward process in Minnesota. That is the easiest step in the process. Once you file your claim, though, you begin the litigation process to resolve your case, according to the Department of Labor and Industry.
There are several steps in the workers’ compensation claims process. The idea is to investigate your claim and ensure all information is accurate while also coming up with a settlement offer that is agreeable to you and your employer.
Discovery
After you file your claim, the first thing to happen is the discovery process. During discovery, you will exchange information with your employer about your accident. You may also get additional information from your employer or the employer’s insurer. During discovery, you may give a deposition, which is where you will offer sworn testimony about what happened. Witnesses may give one, too. Finally, you will have a physical examination by a doctor chosen by the employer or insurer. This is an independent medical examination.
Next steps
After completing the discovery process, the department assigns your file to a judge. Before going to court, though, you will go through several steps where you and your employer try to reach a settlement offer. This may include mediation and a pre-trial. If you fail to reach an agreement after having a pre-trial, you will go before a judge, who then decides your case.
The process can be quick, or it may take some time to get through. It depends on the nature of your injuries and the complexities of the case. After you file your claim, you should expect a lot of back and forth information. It is essential to stay organized and on top of any requests you receive to provide information. If you fail to do anything required of you, it could negatively impact your case.
