EMPLOYER FAQ’s PAGE

Is workers’ compensation insurance required for business owners and their employees?

Check DOLI’s Workers' Comp Information Page.   Link - www.dli.mn.gov/workcomp.asp.

What are the penalties for not having workers’ compensation insurance?

Check DOLI’s Failure to Insure Page.   Link - www.dli.mn.gov/workcomp.asp.

Who is my workers’ compensation insurer?

Use DOLI’s Insurance Verification tool.  Link - Select the Tool from the DOLI Work Comp page.

What benefits are paid to injured workers?

Check DOLI’s Employee’s Guide.   Link - Employee Guide Page.

Where can I find the form to report an injury to my insurance company?

Check DOLI’s Forms Page.  Link - DOLI Work Comp Forms.

(Use the First Report of Injury.  Link - DOLI FROI Form).

How do I prepare for a hearing?

Use the Pro Se Hearings Guide and the overview of How to Be a Good Witness in administrative hearings.

Do I need to attend proceedings at OAH? 

If you have workers’ compensation insurance, a representative of your insurer will attend conferences and hearings on your behalf.  You are welcome to attend, but generally are not required to do so.  Some cases are more easily resolved with your active participation.  Check with your workers’ compensation insurance adjuster or the insurer’s attorney about whether or not you need to attend a conference or hearing.  You may be needed as a witness or to provide critical information such as the availability of work, the nature of the job duties, or the facts regarding an injury.  If you did not have insurance at the time of the injury, your attendance at all proceedings is needed.  You may direct questions to the workers’ compensation insurance adjuster or attorney handling the claim.  Staff attorneys at the Office of Administrative Hearings are also available to answer questions about procedures.

What if I’m not available at the time of the conference or hearing?

First, check with the workers’ compensation adjuster or the insurer’s attorney to find out if it is necessary for you to attend the proceeding.  If you need to be there and can’t make it on the scheduled date, you may ask the insurer or the insurer’s attorney to request a continuance to a different date.  The judge assigned to the case generally decides if the proceeding may be canceled and rescheduled to a different date.  If you did not have workers’ compensation insurance at the time of an injury, your attendance is needed and you may request a continuance by calling the calendar line at 612-349-2577.

Why am I receiving notices and other documents from OAH?

If you are the employer of an employee claiming benefits due to an injury related to work, you are a party to the workers’ compensation claim.  If you had workers’ compensation insurance at the time of the claimed injury, your insurance company handles the workers’ compensation claim or hires an attorney to respond to the claim.  The notices are sent to you to keep you informed of the proceedings related to the disputed claim.  If you are unsure if any action is required from you in connection with the proceeding, contact the claims adjuster from your insurance company handling the claim or their attorney.  If you did not have insurance at the time of the claimed injury, you will need to be more directly involved in the claim.  Even if the state Special Compensation Fund is named in the claim because you did not have insurance, the uninsured employer has an obligation to reimburse the Special Compensation Fund for benefits paid as well as other costs and penalties.  Your rights and obligations are different from those of the Special Compensation Fund. 

What if I disagree with how my insurance company is handling the dispute?

You should contact your insurance adjuster or the insurer’s attorney to discuss the case.  The employer often has important information that affects how the insurer manages the claim.  Generally, your workers’ compensation insurance company has the right to make decisions regarding workers’ compensation disputes.  Any rights you may have concerning the handling of claims would be addressed in the contract between you and your insurance company.  If your company is self-insured (authorized by the state Department of Commerce) for workers’ compensation, the employer or its authorized agent handles the claim directly. 

Minnesota Office of Administrative Hearings

Workers Compensation Division

Updated February 27, 2006.