Do I Need an Accident Report to File a Slip and Fall Claim in Minnesota?
Provided by HG.org
Slip and fall accidents in Minnesota require certain processes, but one of the most important is the statute of limitations for the incident. If the time limit has been surpassed, then no matter what the victim does, he or she cannot bring the case before a courtroom to a success outcome.
When harmed while at work, it is important to contact a supervisor or manager to report the incident. This is one of the first steps that should be taken in any company, but without reporting the injury, it may not be possible to collect workers’ compensation or seek litigation against a certain party. Additionally, there is a certain timeframe permitted for filing a claim based on the injury, the incident and the factors surrounding the event. If it was an accident, this often requires a report filed for workers’ compensation packages to apply a compensatory payout when the slip or fall occurred while on the jobsite or while working for the company.
If a report has been filed, the employee then has only so much time to proceed with the claim. This is usual based on the state and type of incident. Within Minnesota, the victim of the accident has a two-year window to file a claim and still have the opportunity to obtain compensation. While a physician visit and diagnosis of the injury or ailment from the slip or fall could take time, this rarely requires more than a few months. The recovery could last a few more months unless the damage is extensive. However, it may be possible to have the paperwork started and completed long before the two-year statute of limitations has exceeded.
Filing the Lawsuit
The time limit and other factors surrounding the incident depends on what type of incident occurred. If the person was not injured but property was destroyed or damaged, the limit to file a suit could expand to six years. Personal injury claims have a two-year restriction no matter what type of accident happened. The statute of limitations is in place for those seeking to obtain compensation from someone else that has been considered liable for damages. If the slip or fall accident arose through materials, equipment or tools, it still has the same limits as other personal injury claims even if no one specific person was around to have directly caused the incident.
If the property is damaged rather than the body of the person involved, this has fewer restrictions, and the limit is extended to six years after it transpired. However, for this time, only the property must have been damaged without any person injuries sustained These are per the Minnesota Statutes as applied to these situations. If the time is not adhered to, the property owner or company will generally ask for a dismissal of the case. It is important to talk to a lawyer to better understand these stipulations and know how best to proceed in these claims.
Resolving a Slip and Fall Accident Claim
The slip and fall claims in Minnesota are similar to other states. These situations require the injured to file a claim through the proper channels, seek medical treatment, contact insurance carriers or workers compensation coverage and similar steps. The accident report at the jobsite is processed so all the details are retained for the insurance policy if a settlement is provided to the injured worker. After the initial accident has been filed with a supervisor or manager, the individual is then taken to either emergency services or a physician to determine the extent of the injury and what care is needed for recovery.
If a claim is started either through filing a lawsuit or with a workers’ compensation package in the limited timeframe, it is possible to receive a settlement or compensation to become whole after the incident. Most accidents do not require litigation, and many are resolved long before the victim needs to seek additional compensation through a suit against a third-party vendor, supervisor or other responsible party. The most important aspect to seek litigation processes is to understand who is to blame or if another factor is involved such as negligence.
Seek a Minnesota Lawyer
Once a slip and fall accident has occurred, it is important to seek the advice and counsel of a lawyer. This legal representative may explain the next processes and why litigation is either the better choice or the path to avoid.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.