Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Definitions.
For purposes of this part, the following terms have the
meanings given:
A. "Electronic first
report of injury" means an original, changed, or corrected first report of
injury that is submitted to the division by electronic data interchange (EDI),
or the Minnesota eFROI Web portal, and that complies with:
(1) the requirements in sections 2 to 4 of
the Minnesota implementation guide; and
(2) the IAIABC Claims Release 3.0 standards,
implemented according to sections 2 to 4 of the Minnesota implementation
guide.
B. "Minnesota
implementation guide" means the Minnesota Department of Labor and Industry
Electronic Filing of First Report of Injury Implementation Guide incorporated
by reference in subpart
4.
C. "IAIABC Claims Release 3.0" means the
IAIABC EDI Implementation Guide for Claims, First, Subsequent, Header, Trailer
& Acknowledgment Detail Records Release 3.0, and the corresponding
Supplement of Pending Changes, established by the International Association of
Industrial Accident Boards and Commissions, which are incorporated by reference
in subpart
4.
Subp. 2.
Timely reporting.
The first report of injury must be fully completed and
submitted to the division as provided in subparts
3 and
5 within the time limits
established by Minnesota Statutes, section
176.231.
Subp. 3.
Employer
report.
This subpart applies only when Minnesota Statutes, section
176.231,
subdivision 2, requires an employer to file a written first report of injury
with the commissioner within seven days of death or serious injury. If an
insurer, except for a self-insured employer, files the report on behalf of the
employer, an electronic first report of injury must be filed according to
subpart
5. Except where a
self-insured employer elects to file an electronic first report of injury
according to subpart
5, an employer must file a
written first report of injury on a paper form prescribed by the commissioner
containing substantially the information in items A to H:
A. information identifying the employee,
employer, insurer, and any third-party administrator, including addresses and
numbers identifying the employer, insurer, third-party administrator, and
insurer class code;
B. the claim
number, if one has been assigned;
C. information regarding all wages paid to
the employee;
D. information
regarding employment status, work schedule, and occupation, including date of
hire;
E. information regarding the
circumstances of the injury, including the date, place, time, persons or
objects involved, and the date notice was received by the employer;
F. a description of the claimed injury and
how and where it occurred;
G.
information regarding lost time from work; and
H. the employee's date of birth, gender, and
marital status.
Subp. 4.
Implementation guides incorporated by reference.
For purposes of this part, the following documents are
incorporated by reference:
A. The
Minnesota implementation guide, dated July 1, 2013. It is subject to frequent
change, and future changes are also incorporated by reference into this
subpart. It can be found at the Minnesota Law Library, Judicial Center, 25
Constitution Avenue, St. Paul, Minnesota, 55155, and on the department Web site
at http://www.dli.mn.gov/WC/Edi.asp, and is available through the Minitex
interlibrary loan system.
B. The
IAIABC Claims Release 3.0, dated January 1, 2013, and the corresponding
Supplement of Pending Changes, 2013 Edition, both published by the
International Association of Industrial Accident Boards and Commissions
(IAIABC). They are subject to frequent change, but future changes are not
incorporated by reference into this part unless the changes are included in a
future publication of the Minnesota implementation guide referenced in item A.
They are available for free download by IAIABC EDI members, or for purchase by
nonmembers, at http://www.iaiabc.org. A paper copy can be viewed at the
Minnesota Law Library, Judicial Center, 25 Constitution Avenue, St. Paul,
Minnesota, 55155, and is available through the Minitex interlibrary loan
system.
Subp. 5.
Insurer report.
Except as provided in subpart
3, insurers and self-insured
employers must file with the division an electronic first report of injury in
all cases where a first report of injury is required to be filed under
Minnesota Statutes, chapter 176. A first report of injury submitted by the
insurer or self-insured employer in any other manner or format is not
considered filed with the division. The division must "reject," "accept without
errors," or "accept with errors" a first report of injury submitted
electronically according to the requirements in sections 2 to 4 of the
Minnesota implementation guide as follows:
A. A first report of injury submitted
electronically that is "rejected" is not considered filed with the
division.
B. An electronic first
report of injury that is "accepted without errors" is considered filed with the
division on the date as provided in item D.
C. An electronic first report of injury that
is "accepted with errors" is considered filed with the division on the date as
provided in item D. However, the insurer or self-insured employer must file a
changed or corrected electronic first report of injury that corrects all
identified errors within 60 days after the division sent the insurer or
self-insured employer an electronic acknowledgment transmission describing the
errors.
D. An accepted electronic
first report of injury that is transmitted to the division at or before 4:30
p.m. central time on a state business day is considered filed on that day. An
accepted electronic first report of injury that is transmitted after 4:30 p.m.
central time or on a nonbusiness day is considered filed on the next day the
state is open for business.
Subp.
6.
Penalty for untimely report.
Failure to file a paper or electronic first report of injury
within the time frames required by Minnesota Statutes, chapter 176, and this
part may result in a penalty assessment against the employer or insurer of the
penalty set out in part
5220.2820 and against the insurer
of the penalty set out in part
5220.2770.
Subp. 7.
Penalty for untimely corrected
report.
Failure to file a changed or corrected electronic first
report of injury that corrects all errors within 60 days after the division
sends an electronic acknowledgment transmission describing the errors under
subpart
5, item C, may result in a
penalty assessment against the insurer or self-insured employer under part
5220.2830.
Statutory Authority: MS s
175.17;
175.171;
176.83
