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Minnesota Compliance



Penalties for Late Reporting  5220.2820    176.231 

A penalty may be assessed against the employer, if a work-related death or serious injury occurs to an employee and:

  • the commissioner is not notified within 48 hours; or
  • the commissioner is notified within 48 hours  but the report of the injury is not filed with the commissioner within 7 days 

Against the employer, if any other injury which must be reported to the division occurs and:

  • the employer is self-insured and the electronic first report of injury is filed with the division,  more than 14 days after the first day of lost time or 14 days after the date when notice of lost time was received by the employer, whichever is later; or
  • the employer is not self-insured and the first report of injury is received by the insurer more than10 days after the first day of lost time or 10 days after the date when notice of lost time  was received by the employer, whichever is later; or

Against the insurer, if:

  • an injury which must be reported to the division occurs;
  • the first report of injury is received by the insurer from the employer within the 10-day period  and
  • the electronic first report of injury is filed with the division, more than 14 days after the first day of lost time  or 14 days after the date when notice of lost time was received by the employer, whichever is later.

Amount.

If the employer or insurer has violated the above  and has had no similar violations in the 12-month period prior to the assessment, an advisory letter informing the employer or insurer of the violation and the statutory requirement must be sent. If the employer or insurer has had one violation in regards to the above in the past 12 months, a penalty of $125 must be assessed. If the employer or insurer has had two violations in the past 12 months, a penalty of $250 must be assessed. If the employer or insurer has had three violations in the past 12 months, a penalty of $375 must be assessed. If the employer or insurer has had four or more violations in the past 12 months, a penalty of $500 must be assessed.

Assessment.

The penalty must be assessed by written notice of penalty assessment informing the employer or insurer of the number of violations in the past 12 months on record and the amount of the penalty. The notice must contain instructions for payment.

Payable to.

The penalty is payable to the commissioner for deposit in the assigned risk safety account.

 

If an employer, qualified rehabilitation consultant or rehabilitation vendor, insurer, physician, chiropractor, or other health provider fails to file with the commissioner any report required in the manner and within the time limitations prescribed, or otherwise fails to provide a report required the commissioner may impose a penalty of up to $500 for each failure.

The imposition of a penalty may be appealed to a compensation judge within 30 days of notice of the penalty.