This is the fifth in a five-part series of blog posts recapping our webinar, Preventing strains and sprains.

The final section of SFM’s presentation focused on the legal aspects of strain and sprain injuries.

John Hollick, Chief Defense Counsel at SFM’s in-house law firm, outlined the legal issues that can arise from these injuries and their impact on workers’ compensation benefits.

“The legal standard, generally, is that for an injury to be compensable, it’s not necessary that the employment be the only cause of the condition for which benefits are sought,” Hollick said. “It is sufficient that the employment is a substantial contributing factor. In many cases, it is up to the medical provider to determine what constitutes a substantial contributing factor. Or, in other words, whether the work activities more likely than not caused the injury.”

Hollick, who has decades of experience in the field, also talked about the risks and costs associated with litigated claims. He finished his portion of the presentation by examining the pros and cons of conducting surveillance, outlining the litigation process and discussing what policyholders can do to reduce the risk of litigation.

Check out the complete recording of the webinar and view other posts in our blog series highlighting the presentation.

• Part I: Understanding strain and sprain injuries
• Part II: Strain and sprain injury effects on work comp claims
• Part III: Identifying ergonomic risk factors in the workplace
• Part IV: Implementing solutions for workplace strain and sprain risks

By Beth Giebel, Esq.

Employers can be surprised and frustrated to learn that an employee who was injured while violating company safety rules can still receive workers’ compensation benefits.

This isn’t always the case.

In these situations, it is possible to deny liability for an injury on the basis of the “prohibited act” defense, but the employee’s injury must occur as a direct result of a violation of a clearly stated, and consistently enforced, prohibited act, policy or rule.

A Minnesota case illustrates the applicability of this defense.

In Smith v Metro Transit , the employee, a bus driver, was driving his route when a passenger wanted to get off at a non-designated stop. The employee did not feel it was safe, so declined to stop. At the next designated stop, the passenger spat in the employee’s face as he exited the bus. The employee then got off the bus and chased after the passenger. When the employee caught up with the passenger, the passenger shoved the employee, causing him to fall and injure his shoulder.

Employee injured while violating policy

The employer, Metro Transit, had published a bus driver’s guide that established guidelines for dealing with unruly passengers. Their bus drivers were instructed to “avoid physical confrontations wherever possible and were told to refrain from leaving the bus operator’s seat to settle disputes unless it was necessary to do so in self-defense.”

The employee had previously acknowledged these work rules and had been disciplined for violating them.

The compensation judge denied the employee’s claim and found that the injury occurred as a direct result of the employer’s prohibited act. The Minnesota Workers’ Compensation Court of Appeals affirmed the denial of compensation, and reviewed the six factors to consider in determining whether the prohibited act defense would disallow the employee’s claim:

• Whether the employee knows of the prohibition
• Whether the prohibition was customarily observed
• Whether the employer took reasonable steps to enforce the prohibition
• The reason for the prohibition
• Whether the performance of the prohibited act was unreasonably dangerous
• Whether it was reasonably foreseeable by the employer that the expressly prohibited act would occur

Violations of safety standards

Violations of standard safety procedures – such as failure to wear a hard hat or eye protection – do not typically bar compensation if an employee is injured while otherwise performing his or her authorized employment activity.

Failure to abide by safety policies and procedures may provide the basis for disciplinary action against the employee, but the presence or absence of safety equipment does not necessarily give rise to a prohibited act defense.

Depending on the laws in your state, failure to follow safety rules could result in decreased compensation.

For example, in Wisconsin, compensation is decreased by 15 percent if an injury is caused by the employee’s failure to use a safety device – provided in accordance with a statute or with a Wisconsin Department of Workforce Development administrative rule – if the device is adequately maintained and its use is reasonably enforced. Compensation is also reduced if the injury is caused by the employee’s failure to obey a reasonable safety rule adopted and enforced by the

Create a ‘prohibited acts’ policy

Having policies that clearly articulate prohibited practices at the workplace can improve the safety and health of your employees, decrease costs and missed work days, help control your workers’ compensation premium, and send a strong message that may warrant a denial of compensation for certain injuries.

But having a policy is just the first step. Be sure to:

• Clearly identify prohibited acts
• Communicate prohibitions to employees
• Consistently enforce policies
• Discipline violations of the policies

This will help make your policy as effective as possible in preventing injuries among your employees.

This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.

Originally published August 2019; updated August 2025.

If you hire a subcontractor that lacks the proper workers’ compensation coverage — or doesn’t qualify as an independent contractor — it could put you at risk for liability if a work injury occurs, depending on which state the work is being performed in.

Here are some tips to avoid this situation, where applicable:

• Confirm that the subcontractor is an independent contractor as defined by your state’s laws
• If the subcontractor uses employees, ask for a certificate of insurance as proof of workers’ compensation coverage

Subcontractors with no employees can choose whether to purchase workers’ compensation insurance for themselves in most states. If they do have coverage, ask for a certificate of insurance for verification. Note that certificate of insurance verification alone does not qualify a subcontractor as an independent contractor. They still must meet all of the state’s criteria.

If they don’t have coverage: Request a copy of the subcontractor’s independent contractor registration form if applicable in your state. Some states have a registration process for independent contractors, and some don’t. Otherwise, ask for a copy of the subcontractor’s current license.

Note that a contractor registration form alone does not qualify a subcontractor as an independent contractor. You should also:

• Check to see that the subcontractor is registered with the state as a business entity
• Request a Certificate of Insurance for General Liability covering the dates the work was performed with limits of at least $300,000

Other considerations

Employers must also be aware of their respective state requirements. Every state is different, but in most cases, for a worker to be considered an independent contractor for workers’ compensation purposes, the worker must have:

• Control over how the work is performed
• Ability to realize financial loss or gain based on how a project goes
• Ownership of equipment to complete the job
• Compensation on a per-job basis

These are just some basic criteria, and most states have additional requirements beyond these. Get details through your state’s department of labor. For example, the labor departments in Minnesota , Wisconsin and Iowa  provide additional information online.

There are also industry-specific considerations. In Minnesota, for example, many job sites require drivers in varying capaci­ties. There is a statute that defines independent contractors in the “trucking and messenger/courier industries,” but those industries are undefined. An operator of a car, truck or van is deemed an employee unless all criteria are present. These include:

• Owning or leasing the vehicle
• Being responsible for the maintenance and all related operating costs
• Being compensated based on the work performed, and not an hourly basis
• Being substantially responsible for the means and manner of performance
• Having a written contract specifying the relationship of independent contractor

A general contractor should assume any driver will be deemed an employee unless all of the statutory criteria are met.

Your agent can help

Lastly, if you need help determining whether a subcontractor is an independent contractor or employee, ask your agent for guidance.

They can help you understand the implications to your workers’ compensation coverage.

When an attorney gets involved in a workers’ compensation claim, it can increase claim costs and harm outcomes for everyone involved.

CLARA Analytics found that attorney involvement with workers’ compensation claims led to an average 388% increase in claim costs. Additionally, litigated claims remained open 195% longer than non-litigated claims, and workers stayed disabled longer when they were represented by an attorney, according to the CLARA Analytics study . Higher claim costs can result in higher future workers’ compensation premiums, and longer disability times harm employers and employees alike.

Once an employee is represented by an attorney, they’re no longer able to talk directly with their claims representative, creating a disconnect when managing the claim. The contentiousness can also ruin the relationship between the worker and their employer.

There are situations where litigation is unavoidable, such as when there are complex issues regarding what caused an injury, said SFM Senior Defense Counsel Tom Davern. But many times, there are steps employers can take that can help prevent workers feeling they need legal representation.

Why claims go into litigation

There are a few common reasons why injured workers choose to hire attorneys, according to SFM Claims Specialist Martha Crump:

• Fear of losing their job. They may be worried that they may not be able to perform their work duties due to the injury, or fear retaliation.
• Lack of communication. If the employee is off work due to the injury, and no one is reaching out to them, this can make them feel forgotten and leave them with unanswered questions.
• Pressure from coworkers. If an employee gets pushback or ridicule from coworkers while performing light-duty work, they may feel they need the added protection of a lawyer.
• Not understanding the workers’ compensation process. For example, the worker might not realize that if a medical treatment isn’t approved right away, that doesn’t mean it is denied.

Common causes of litigated disputes

There are a few common causes at the heart of litigated workers’ compensation claims, according to SFM Defense Counsel Peter Lindquist. Those are:

• Primary liability issues, such as disputes over whether an injury actually happened, or whether it’s compensable.
• Medical disputes, such as whether the requested medical treatment is reasonable, whether the injury is a contributing cause, whether the treatment is permitted by statute or whether doctors agree on the recommended treatment.
• Wage loss disputes, such as whether an employee’s refusal of a full-duty or light-duty job offer is reasonable, whether an ongoing reduction in earning capacity is related to the injury, whether a former employee is diligently job seeking, differing views on the extent of the injury’s impact, or conflicts over the wage rate and benefits due.

Other less common causes of workers’ compensation disputes are rehabilitation services (the nature, extent and cost of these services) and administrative issues, such as failure to file a claim or pay benefits on time.

Strategies to prevent litigation

There are a number of steps that employers can take to prevent the kinds of scenarios that cause workers to seek representation from an attorney.

Before an injury occurs, you can:

• Implement or review policies and procedures related to work injuries. This includes clarifying how to report work injuries, and who will work with injured employees as they recover.
• Develop a return-to-work plan. Think about how you will accommodate employees who have work restrictions so you can bring them back to work as soon as they are medically able. SFM provides resources to help you identify possible light-duty jobs.

After an injury occurs, you can:

• Provide reassurance. Assure injured workers that you will help them get back to work as they recover and provide them with light-duty work if necessary.
• Stay in contact. Have a designated person reach out to the employee on a regular basis to see how they’re doing and see if they have any questions about their claim or the return-to-work process.
• Anticipate questions. Encourage the employee to always reach out to their SFM claims adjuster for clarification or questions.
• Suggest using our online claim portal. Encourage the employee to register for the SFM Claim Connection portal, which will provide them with information on their claim and payments.
• Maintain policies and expectations. Make sure the employee knows your expectations, such as regular updates if they’re off work.
• Keep good documentation. Document the facts of the injury, how it was reported, witnesses, and any other details that might be important. Continue documenting any updates as the claim progresses.
• Accommodate work restrictions. Provide light-duty work that fits the employee’s medical restrictions so they can return to work as soon as medically possible.
• Take concerns about work restrictions or retaliation seriously. Make sure the employee is following any medical restrictions and promptly investigate any concerns about retaliation. Discourage and stop any ridicule from coworkers over light-duty work.
• Discuss other options. Provide information on any options that may be available to the employee such as a medical leave, the use of the Family and Medical Leave Act (FMLA) and short-term or long-term disability benefits.
• Think hard before terminating. If you’re considering termination, think through the possible ramifications before deciding. SFM and your agent can be resources to help you through these types of questions.

Communication is always key and can’t be stressed enough.

What if I have a litigated claim?

You can do all the right things, and still find yourself with a litigated claim. In these cases, it’s important to still follow the above steps to maintain a good relationship with the employee and help reach the best outcome possible.

This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.

Originally published December 2022; updated February 2025.

Generally speaking, Minnesota law requires employers to provide workers’ compensation coverage for all employees.

But the law does allow employers to exclude certain types of employees from coverage, such as small business owners and their close relatives.

Following are the types of employees that are exempt from mandatory insurance coverage by Minnesota state law :

• Sole proprietorships and partnerships:
  Someone operating a business as a sole proprietor isn’t required to get workers’ compensation insurance for his or her spouse, parents or children working in the business, regardless of age or wage rate. However, the business owner would have to provide coverage for any other employees. Similarly, members of a partnership — such as a law firm — don’t have to purchase coverage for themselves. If their spouses, parents or children are employed by the partnership, they’re not required to provide coverage for them either.
• Executive officers of a closely held corporation:
  A closely held corporation is one in which the capital stock is held by no more than 10 people and has had less than 22,880 hours of payroll in the preceding calendar year (January 1 to December 31). Executive officers of closely held corporations can be excluded from coverage if they are elected or appointed in accordance with the company’s charter or bylaws and they own at least 25 percent of the capital stock of the corporation (exclusive of any stock owned by other family members). If executive officers qualify to be excluded from workers’ compensation coverage, their spouses, parents and children are also excluded if they work in the same business. Relatives within the third degree of kinship — such as uncles, nieces, siblings and grandchildren — can also be excluded, but to do so, the employer must file a written election with the Minnesota Department of Labor and Industry.
• Managers of limited liability corporations:
  A limited liability company (LLC) has some attributes of a corporation and others of a partnership. If an LLC has 10 or fewer members and has less than 22,880 hours of payroll in the preceding calendar year (January 1 to December 31) managers who own at least a 25 percent membership interest aren’t required to purchase workers’ compensation coverage for themselves. If managers qualify to be excluded from workers’ compensation coverage, their spouses, parents and children are also excluded if they work in the same business. As with executive officers, relatives of a manager within the third degree of kinship can also be excluded, but to do so, the employer must file a written election with the Minnesota Department of Labor and Industry.

Even if state law doesn’t require workers’ compensation coverage for certain individuals, a business can choose to cover them by notifying its workers’ compensation insurer in writing.

If you find that you do need workers’ compensation insurance, you can get a quote through our website.

What about other states?

The rules on which family members can be excluded from workers’ compensation coverage, if any, differ based on state laws. Here are the rules in SFM’s core states:

Indiana

Exceptions in Indiana workers’ compensation law:

• Sole proprietors, limited liability company managers, and partners aren’t covered unless they elect to be
• Agricultural employees performing traditional types of farm labor directly related to the tending of crops and livestock are not included in the work comp statute. Workers doing other types of work in a farm setting may be covered by work comp law. Employers can purchase a work comp policy for the farm workers

Iowa

Exceptions in Iowa workers’ compensation law:

• Sole proprietors
• Independent contractors, limited liability company members and partners aren’t covered unless they elect to be
• For family farms, sole proprietors, partners, officers, members of an LLC and their spouses, parents, brothers, sisters, children and step-children are excluded

Kansas

There is an exception in Kansas workers’ compensation law: Agricultural pursuits and employments are excluded from the Work Comp Act, unless the employer is the state of Kansas.

Nebraska

There are a few exceptions in Nebraska workers’ compensation law, including:

• Household domestic servants in a private residence
• Some agricultural operations such as those employing only relatives or those employing fewer than 10 full-time employees for fewer than 13 calendar weeks (consecutive or not)
• Self-employed individuals, sole proprietors, partners and limited liability company members who don’t elect to be covered

South Dakota

There are a few exceptions in South Dakota workers’ compensation law:

• Domestic servants working less than 20 hours per week or for less than six weeks in any 13-week period
• Farm or agricultural labor
• One whose employment is not in the usual course of trade, business, occupation or profession of the employer (such as independent contractors)

Tennessee

According to the Tennessee Department of Labor & Workforce Development , there are a few exceptions in Tennessee workers’ compensation law:

• State and local governments and those employing farm laborers or domestic help
• Sole proprietors, partners and members limited liability companies (LLCs) aren’t included in the count of employees
• Corporate officers can exempt themselves but are not excluded from the count of employees unless they are not compensated
• Family members, if the applicant and members of the same family hold at least 95% ownership of the business

Wisconsin

There are a few exclusions in Wisconsin , including:

• Domestic servants, such as nannies
• Sole proprietors, partners, and members of limited liability companies (unless the organization elects to cover these individuals)
• Volunteers of nonprofit organizations whose salary or in-kind compensation doesn’t top $10 per week
• Employees of Native American tribal enterprises, unless the tribe elects to waive its sovereign immunity

Small business owners and work comp coverage

Required or not, some owners choose to buy workers’ compensation insurance for themselves so that in the event of a work injury, their medical expenses and lost wages would be paid. Others opt out and secure coverage for work-related incidents through their health, disability and life insurers. (Note that many health and disability insurance policies specifically exclude work-related injuries from coverage, so it’s important to check and make sure you’d be covered.)

Learn more about workers’ compensation coverage

Determining whether your employees fit into these categories can be complicated. It’s best to contact your agent, insurer, employment law attorney, or state’s labor department to find out whether you’re required to provide workers’ compensation insurance.

Originally published April 2019; updated January 2025. This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.

Can you terminate employees with an open work comp claim?

The answer is — it depends.

While most states have laws that bar employers from terminating or disciplining an employee solely based on them being on workers’ compensation or in response to their experiencing a work injury, there are conditions under which such an employee may be let go.

For example, an employee hurt their back and files for work comp benefits. Then, the employer learns that worker is embezzling from the company. In that case, the employer would likely have just cause to fire that employee, for reasons unrelated to their work injury.

The key is to separate review of the performance concern from the work comp claim. While a work injury does not immunize an employee from discipline for performance problems, including termination, the nuances are important and the risk of retaliation is real.

In another example, what if an employee disregarded safety rules while driving a forklift and injured themself and another worker. They could still be disciplined for engaging in unsafe practices, if the employer was consistent in treating other similarly situated employees the same way. If the employee claimed that the discipline was in retaliation for the work injury or filing for work comp, the employer would have to prove the discipline was non-retaliatory.

If an employee feels they’ve been wrongfully targeted for exercising their protected right to file a workers’ compensation claim, they may in turn file a retaliation claim, which opens the employer in many states (including Minnesota ) to civil damages, including potentially punitive damages or penalties.

The cost of termination

It’s also important to note that termination of employment does not terminate the work comp claim. Some employers may try to reduce or limit the payable lost-time benefits on a work comp claim by terminating the employee for a reason unrelated to the work injury. However, this idea may ultimately make the claim more costly.

Depending on the circumstances surrounding the termination, temporary total disability and temporary partial disability benefits may still be available to an employee up to the statutory caps on the benefits. Therefore, terminating the employee may cost the employer more in wage-loss benefits compared to actively working with the injured employee to return to work.

Two other examples of benefits an employer could continue to pay after terminating employment are vocational rehabilitation treatments post-injury, and assistance in their search for a new job.

Plus, if the employer is found to have terminated the employee in relation to their work comp claim, they may be responsible for paying the employee civil damages, including punitive damages.

Other forms of retaliation

Retaliation against an employee with a work comp claim can take other forms besides termination, including:

• Failing to provide a First Report of Injury Form at the time of injury or telling the employee they can’t seek medical attention for their injury
• Demoting or transferring the employee to a less desirable position
• Denying overtime, a promotion or pay increase
• Reducing pay, hours or benefits
• Unjustifiably low performance evaluations
• Unexpectedly changing the employee’s schedule or work location
• Intimidating the employee or creating an unpleasant work environment

Other resources

For employers who are experiencing challenges with problem employees and work comp, SFM has additional resources that may prove valuable.

Keeping problem employees on staff can increase workers’ compensation costs

Many times, these employees should have been disciplined or even fired before they reported work injuries. But once a workers’ compensation claim has been filed, disciplining or firing an employee can become much more complicated, and costly.

How to discipline employees who’ve experienced work injuries

Simply because an employee sustained a work injury does not excuse that employee from performing the duties and expected standards of the job.

Conclusion

Employers should ensure they understand the relevant statutes, and map out potential pitfalls, before taking adverse employment action against an employee on work comp.

This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.

by Kathy Bray, Esq.

When you hear the word “bullying” do you think of a child being taunted on the playground, or a teen being harassed online?

Unfortunately, bullying doesn’t end with childhood. The Workplace Bullying Institute estimates that 60.3 million U.S. workers are affected by bullying.

As an employer, running an inclusive, respectful and bully-free workplace can help your employees and your organization thrive.

The following are some basics for employers on workplace bullying and how to prevent it.

What is workplace bullying?

Workplace bullying is repeated, health-harming mistreatment by one or more employees of an employee: abusive conduct that takes the form of verbal abuse; or behaviors perceived as threatening, intimidating, or humiliating; work sabotage; or in some combination of the above, according to the Workplace Bullying Institute.

What can employers do to prevent workplace bullying?

As an employer, you can institute policies and procedures to make your workplace welcoming for all. Take the following steps to promote a workplace that supports an open exchange of ideas, without fear of belittling or disrespect:

• Employ intentional hiring and promotional practices that recognize and reward positive interpersonal relationship traits
• Call references and past employers, and ask about whether the job candidate exhibited threatening or violent behavior
• Do a thorough criminal background check
• After hire, make anti-bullying and anti-harassment training part of your orientation process. Make sure your anti-harassment and business conduct policies include multiple avenues for reporting concerns
• A retaliation policy is also important. By clearly prohibiting retaliation against anyone who reports a violation of the law or company policy, you’ll not only make it more likely that someone will come forward if they’re being bullied, but also remind employees that it may be illegal to discriminate against a good faith complaint reporting a violation of company policy

Consult with your legal counsel to lawfully structure your policies and procedures regarding workplace bullying.

Is it illegal?

That depends on the situation. If the bullying is based on race, color, religion, gender (including pregnancy), national origin, age (40 or older), a disability or genetic information it’s possible it could be a form of harassment , which is illegal. If you are operating in one of the 22 states or the District of Columbia with laws expressly preventing discrimination based on sexual orientation (e.g., Minnesota, Iowa, Wisconsin), bullying on that basis also could be actionable. Physical violence and threats are also illegal.

There’s a national campaign to pass a Healthy Workplace Bill , which would make workplace bullying illegal and allow workers to sue their bullies individually. The bill has been introduced in 30 states, according to the Workplace Bullying Institute website, but Puerto Rico is the first in the United States to enact a workplace bullying law, which was signed into law in August 2020 .

What does workplace bullying have to do with workers’ compensation?

Under the Occupational Health and Safety Act of 1970 , employers are required to provide a safe workplace. One aspect of workplace safety is addressing the risk of workplace violence , which OSHA defines as “any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site.”

Getting employees back to work as soon as they are medically able is an important goal following an occupational injury. Creating a safe and positive workplace will increase the likelihood of return to work success.

Conclusion

Employees have a right to a safe workplace.

And employees who feel welcomed and happy are likely to be more productive, develop stronger relationships with their coworkers, and overall be more satisfied with their work. For more, read our blog, Why employee happiness is so important.

Originally published in July 2021; updated in September 2024.

By SFM Corporate Counsel

The Minnesota Workers’ Compensation Advisory Council (WCAC) bill is officially law.

Gov. Tim Walz signed the bill on May 8, 2024. The legislation contains 50 sections with amendments to chapter 176, many of which are technical or cleanup provisions recommended by the Office of Administrative Hearings.

The following is a summary of key changes contained in the bill.

Maximum compensation rate

Effective Oct. 1, 2024, the maximum compensation rate will increase from 102% to 108% of the Statewide Average Weekly Wage (SAWW).

Average Weekly Wage (AWW) for agricultural workers

The AWW for agricultural employment will change to address the windfall that many employees have enjoyed from multiple employments during short-term agriculture employment stints. If an agricultural worker sustains an injury while working for two or more employers during short-term agricultural work, the AWW will be either the AWW of the employee’s other employment or the agricultural wage at 5 times the daily wage. The employee cannot claim wages from both agricultural work and from other employers.

This will be a significant change for policyholders in the agricultural business.

The change is effective Oct. 1, 2024.

Attorney fees

The maximum amount for statutory-contingent attorney fees will increase. Currently, the maximum attorney fee allowed is 20% of the first $130,000 of compensation awarded to the employee, for a maximum attorney fee of $26,000. The new law will change to 20% of the first $275,000 of compensation awarded to the employee, for a maximum attorney fee of $55,000. The change is effective for injuries occurring on or after Oct. 1, 2024.

Procedural changes

Answer

The timeline for filing an Answer to a Claim Petition or an Objection to a Request for an Expedited Hearing will change from 20 to 30 days. The change is effective Aug. 1, 2024.

Discontinuance of rehabilitation benefits

If a claim has been accepted and a rehabilitation plan has been approved, the employer or insurer may not discontinue rehabilitation services until notice has been filed with the commissioner of the Department of Labor and Industry and served on the qualified rehabilitation consultant, the employee, and the attorney representing the employee, if any. The notice shall state the date of intended discontinuance and set forth a statement of facts clearly indicating the reason for the action. Copies of whatever medical reports or other written reports in the employer’s possession that are relied on for the discontinuance shall be attached to the notice. The change is effective Aug. 1, 2024.

Clarification to Minnesota Statute § 176.238, notice of discontinuance

The amendment adds “or insurer” to all references of “employer” so the statute consistently reads “employer or insurer.” The amendment clarifies that employers or insurers can serve and file notices of discontinuances, file petitions for hearing, and be served with objection to discontinuance and court decisions. The change is effective Aug. 1, 2024.

Home remodeling

Home remodeling benefits will increase from $75,000 to $150,000, effective Oct. 1, 2024.

Medical record penalty

Effective Aug. 1, 2024, the electronic medical records payment provisions of Minn. Stat. § 176.135, subd. 7, will allow the commissioner to impose a permissive of penalty of $500, payable to the Assigned Risk Safety account, for violations of the statute.

The Occupational Safety and Health Administration OSHA passed regulations in 2019 and 2023 requiring submission of certain injury reports through the Injury Tracking Application (ITA) .

You may have questions about whether your business is required to submit information electronically, and what information you will need to submit. Below, you will find a broad overview of OSHA’s electronic reporting requirements, and where you can find more information directly from OSHA and relevant state agencies.

Electronic submission requirements

Only employers with establishments that employ a certain number of workers need to electronically report. For those states covered by federal OSHA, the reporting requirements depend on the number of employees in each establishment, and whether the employer falls into certain categories of high-hazard industries. Different sizes of establishments and categories of employers must report different information.

As of the most recent OSHA rulemaking issued in July 2023, the federal reporting requirements are:

• Establishments with 100-plus employees in the highest hazard industries must submit Form 300 Logs, 300A Summaries, and 301 Incident Reports
• Workplaces with 20-249 employees in high hazard industries have to submit their 300A Annual Summary data
• Workplaces with 250-plus employees in any industry must submit their 300A Annual Summary data

OSHA defines an establishment as “a single physical location where business is conducted or where services or industrial operations are performed. A firm may be comprised of one or more establishments.” This corresponds with your OSHA Form 300A, which is tracked at an establishment level.

Minnesota adopted OSHA’s rulemaking guidelines but does not limit the reporting requirements by industry. Minnesota establishments with 20 or more employees are required to submit 300A data and employers that have establishments with 100 or more employees are required to submit OSHA 300 log, OSHA 300A and OSHA 301 data.

Reporting requirements: federal and state

At a high level, OSHA’s reporting requirements are as follows.

Employers must submit 300A data if their establishment meets one of the following criteria:

• 250 or more employees and is not in an industry listed in the Exempt Industries list in Appendix A to Subpart B of OSHA’s recordkeeping regulation of 29 CFR Part 1904
• 20-249 employees and is in an industry listed in Appendix A to Subpart E of 29 CFR Part 1904

Employers must also submit 300/301 data if their establishments have 100 or more employees and is in an industry listed in Appendix B to Subpart E of 29 CFR Part 1904 .

Company officials can also use the ITA Coverage Application  to help determine if their establishment is required to submit this data.

Minnesota

Minnesota does have its own reporting requirements.

Establishments with 20 or more employees are required to submit 300A data and employers that have establishments with 100 or more employees are required to submit OSHA 300 log, OSHA 300A and OSHA 301 data.”

There is no reporting requirement for employers with 19 or fewer workers in Minnesota.

Other states

Wisconsin, Iowa, Nebraska, South Dakota, Kansas, Indiana and Tennessee follow the OSHA guidelines.

Employer that operate in states across the U.S. should review the laws where they have locations to maintain compliance.

Resources for more information

• OSHA injury and illness recordkeeping and reporting requirements
• Electronic injury tracking application
• OSHA: Final rule issues to improve tracking of workplace injuries and illnesses
• OSHA 1904 Sub E Appendix A – identifies industries subject to reporting requirements for 20-249 employees
• OSHA 1904 Sub E Appendix B – identifies higher hazard industries subject to reporting requirements for 100-plus employees
• Minnesota OSHA compliance – recordkeeping standard
• Reporting injuries to OSHA and your workers’ comp insurer — what’s the difference? 

Originally posted February 2019; updated March 2024.

This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.