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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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My question has to do with 1st Report of Injury in MN. We

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my question has to do with 1st Report of Injury in MN. We have a contract person working for us - not an employee. He cut his finger and has already reported it to his employer - but since he is here - do we still need him to fill out the 1st Report of Injury?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: MN
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Contract
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

Thank you for using JustAnswer.

I'm sorry to hear about your situation. No, you don't have to fill this out. If it's a contractor, it's not your employee. An Independent Contractor is not covered by the Workers’ Compensation Act. An independent contractor is a person who is defined by Minn. Rules 5224.0010 through 5224.0340. See Minn. Stat. § 176.041 subd. 1(1). These rules cover 34 specific occupations, and also provide general criteria for non-specified occupations. A primary factor to consider in making this determination is whether the putative employer exercised control, or had the right to exercise control over the means and manner of doing the job.

The employer has a duty to fill out the First Report of Injury (FROI), as part of the workers compensation case for an employee. You're not the employer, and so you have no obligation to fill it out.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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Customer: replied 30 days ago.
Thank you! That's what I needed to know! That's all I had. Thanks a bunch!

You're welcome, and again, good luck to you!