Workers’ compensation insurance provides medical benefits and wages to workers who suffer a work-related injury or illness. Minnesota requires employers to carry workers’ compensation insurance coverage. Failing to maintain workers’ compensation coverage results in steep fines for employers and, in some cases, a lawsuit. In 2019, the U.S. Bureau of Labor Statistics reported over 63,000 nonfatal workplace injuries and illnesses in private industry employment in Minnesota alone. In fact, Minnesota workers suffered injuries and illnesses at a significantly higher rate than the national average. Qualifying for Workers’ Compensation Benefits Workers’ compensation provides the following benefits to ill or injured employees: Costs of medical care, including treatment, equipment, supplies, and transportation to and from appointments; Lost wages; Vocational rehabilitation, including training, education, and support if you need to transition to a new occupation; and Death benefits. Minnesota workers labeled as “employees” rather than “independent contractors” are authorized to receive workers’ compensation benefits. Additionally, the employee bears the burden of proving that their illness or injury was caused by work-related factors. Finally, be sure to notify your employer within 14 days of a workplace accident, or you could lose your eligibility for workers’ compensation benefits. Receiving Workers’ Comp Benefits The amount of compensation paid to injured or ill workers depends on the level of disability the worker suffers. Temporary Disability Temporary disability benefits are available on a temporary basis to individuals expected to recover from their work-related illness or injury. A temporary total disability (TTD) is a temporary disability that prevents individuals from working in any capacity for some period of time as a result of their illness or injury. TTD benefits pay two-thirds of an employee’s average weekly wage with a maximum of the 2021 statewide average weekly wage (SAWW) of $1,232. Employees can collect TTD benefits for up to 130 weeks in most circumstances. An ill or injured individual with a temporary partial disability (TPD) is able to work in a part-time or modified capacity despite their injury. TPD benefits include two-thirds of the difference between your earnings at full capacity and your modified earnings. The state provides TPD benefits for a maximum of 275 weeks. Permanent Disability A permanent disability occurs when an individual is not expected to fully recover from their work-related illness or injury. Permanent total disability (PTD) involves injuries/illnesses that are permanent and so severe that they prevent a worker from ever obtaining gainful employment for the remainder of his or her lifetime. PTD benefits pay two-thirds of an employee’s average weekly wage with a maximum of the 2021 SAWW of $1,232. Workers with a permanent total disability receive PTD benefits until they reach retirement age, which Minnesota presumes to be age 72 for injuries after October 2018. . Permanent partial disability (PPD) benefits aim to compensate injured workers for permanent loss or impairment of a bodily function. These benefits are typically not dependent on loss of wages or the individual’s ability to work. To qualify for PPD, Minnesota requires the injured worker to show that the permanency of the injury is causally related to the injury itself. The amount of PPD benefits depends on the type and severity of permanent disability suffered by the injured worker. What If I Receive Workers’ Compensation Overpayment? Workers suffering from severe work-related injuries or illnesses could receive a substantial award of workers’ compensation benefits to cover the cost of their medical costs and rehabilitation, not to mention their lost wages. But what happens if a workers’ comp overpayment lands in your bank account unexpectedly? Receiving benefits beyond what you are entitled to may seem like a good problem to have. However, if not remedied, a workers’ compensation overpayment creates multiple issues for the injured worker. Minnesota law allows individuals who receive workers’ compensation to keep the overpayments as long as the individual who received the overpayment did so in good faith. That means that the individual cannot purposely attempt to defraud the insurance company. While the workers’ comp overpayment does not have to be returned to the insurance company, the insurance company can adjust future payments to recoup the overpayment by reducing future workers’ compensation checks by no more than 20%. If you believe an insurance company issued a workers’ compensation overpayment to you, contact a workers’ compensation attorney as soon as possible to determine what steps you should take next. Hiring a Workers’ Comp Attorney in the Event of Overpayment Since its founding in 2007, the Criminal Defense and Workers’ Compensation Law Office of Arechigo & Stokka has committed its practice to direct, personalized representation coupled with the determination to understand the intricacies of each individual case. We have helped countless injured workers maximize their recovery and navigate the complicated workers’ compensation claims process. Contact us today for a free consultation.Read More
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The criminal defense lawyers and workers comp lawyers of Arechigo & Stokka provide direct, personal attention to your case. Our attorneys are committed to achieving your case goals, no matter the type of injury or criminal charge.
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"I reached out to John Arechigo about a case I had and John was outstanding. He made the process very easy for a person who does not know how the process work, and accomplished the goal I wanted. My experience was very positive and I would highly recommend John to anyone who need to have their case looked into or dismiss. Would definitely reach out to John if ever a problem should arise for any future help."- J Thao
"Best Attorney in MN! Thank you to Mr. John Arechigo and everyone at Arechigo & Stokka, P.A for the exceptional job they did with our case. Because of their professional knowledge, dedicated efforts, hard work, and compassion, we got the outcome that we needed. If you ever need an exceptional attorney for any sort of civil forfeiture, John Arechigo of Arechigo & Stokka, PA is the only law firm I would call. We are grateful and thankful for all they have done to help us get our property back."- Monica K
"The legal expertise provided by John was nothing less than exceptional. When a sibling of mine was facing multiple serious felonies and in dire need of top-notch representation, John was the man. In and out of the court room, he's knowledge and professional are second to none. Throughout the case, he restored hope into our family. He delivered as he stated, and now we have our family back together. This man is worth every penny, he gets the job done. "- Safi Khalif
"I have been a client of Arechigo & Stokka for nearly a decade. They provide exceptional legal representation and maintain good working relationships with various judges and prosecuting attorneys in the Twin Cities area. They are well versed in the current laws which are continually changing. This allows them to quickly adapt, if needed, in order to offer the best legal strategy possible for a given case. Arechigo & Stokka treat each case with the utmost importance, work promptly to advocate for their clients’ needs, and communicate openly with each regarding the status of their particular case."- Abigail Peterson
"John Arechigo is an absolute miracle worker. My friends and I have used him multiple times. Extremely knowledgeable and a wizard in the court room. John always answers his phone and will be with you every step of the way through the legal process. Highly recommended!"- Bryan Larson
"John was a true professional. He listened to and understood all of my questions, and he always provided a quick and thorough response. If I ever find myself in another situation where a lawyer is necessary, I will not hesitate for a second to call him!"- Mack Ziemer
"While facing some serious felony level charges that would have potentially put me away for awhile, John's legal expertise proved otherwise. He was very coherent, competent, and consistent in fulfilling his duties throughout the entire process. His constant communication and knowledge about the law kept me at ease, knowing that I had one of the best defense attorneys in MN on my team."- Mubashir Jeilani
"John is professional, extremely knowledgeable and empathetic. He always answered any questions I had in a timely matter and I felt that he was truly invested in my case from start to finish. I would highly recommend him and his firm."- Ted Spiess
From The Blog
As an employee, your employer must provide you with a safe work environment. In some situations, a careless manufacturer puts workers at risk. Every day, equipment malfunctions place many individuals at risk for severe machine injuries. If injured due to an equipment malfunction, it is crucial to promptly speak to a personal injury attorney and discuss your rights. You may have a right to seek workers’ compensation benefits for your injuries. What Is the Most Common Injury Caused by Working Machines Unsafely? Various injuries may result from equipment malfunction at work. Some of these accidents may result in severe and permanent injuries affecting your ability to work in the future. Some common machine injuries caused by equipment malfunction include the following: Crush Hazards. When two heavy objects move toward each other, they create a crush hazard. In some accidents caused by this type of machinery, the machine injuries occur when a body part comes into contact with the moving parts. Shear Hazards. Shearing machines cut and punch heavy-duty materials. Many workers suffer severe injuries when a body part comes into contact with the blade or other part of the shearing machine. Nip Hazards. Conveyor belts represent a common type of machine causing nip hazards. When one or more rotating parts come into contact with a body part, this may result in devastating injuries. People operating heavy machinery suffer severe injuries every year, including amputation, lacerations, abrasions, and crushing injuries. Fatalities may also occur as a result of equipment malfunction. Many machine injuries render workers unable to work and provide for their families. An experienced personal injury attorney works to obtain the benefits you deserve, so you may continue to provide for your family. Additionally, these benefits enable you to focus on your recovery, so you can get back to work. What Is Workers’ Compensation? Workers’ compensation provides workers with multiple benefits when rendered unable to work due to injury or illness. These benefits include the following. Wage-Loss Benefits Wage-loss benefits serve to compensate an injured worker for lost income due to a work-related injury. These benefits typically pay a percentage of a worker’s total wage without tax consequences. Many also refer to these benefits as disability benefits. The severity of your injuries determines what benefits you receive and for how long. Medical Benefits Medical benefits simply serve to reimburse a person for medical bills expended due to their work-related injury. Medical benefits include coverage for the following expenses: Medications, Nursing home care, Hospitalizations, and Medical equipment. The medical benefits available depend on the length of care required due to your injuries. Vocational Rehabilitation Vocational rehabilitation includes work retraining, employment services, career counseling, and tuition for work-related continued education. You may be able to claim these benefits in situations where your injuries prevent you from returning to your previous employment. Permanent Disability Benefits Permanent partial and permanent total disability benefits serve to pay for the loss of your future earning ability due to your work-related injury. These may also benefit a person suffering the permanent loss or use of a body part. Benefit payments are based on a disability rating assigned to you by your doctor. Disputes arising as a result of permanent disability benefits commonly occur. Therefore, retaining a qualified personal injury attorney can help ensure you receive the benefits needed to assist you in moving on with your life. Every workers’ compensation case includes a unique set of facts. However, many people receive a denial of their workers’ compensation claims. Without these benefits, you and your family may be left without support. Even in cases where your employer and workers’ compensation insurance company admit liability due to your machinery injuries, you may not receive the benefits you require. Disputes may arise over your entitlement to medical care, wage loss benefits, rehabilitation benefits, or permanent benefits. Contact Us After a severe and traumatic injury due to an equipment malfunction, it is vital to contact a personal injury attorney. For over twenty years, the attorneys at Arechigo and Stokka have strived to provide the highest caliber legal representation to clients in their time of need. We work to understand each client’s circumstances and analyze the unique facts surrounding their case. Over the years, our firm has earned the trust of hundreds of clients. The attorneys at Arechigo and Stokka receive many new clients through past client referrals. Contact us today for a free consultation! Let us get to work to assist you in receiving benefits after an equipment malfunction.Read More
Anyone accused of a sex crime will face a great deal of uncertainty and will likely have a lot of questions. The laws in this area vary from state to state, and there is a lot of misleading information on the topic. Because of this, we have tried to provide answers to some of the common questions that arise. However, because a conviction carries serious consequences, a person accused or charged with a sex crime should contact an experienced Minnesota criminal sexual conduct defense attorney as soon as possible. Assault Vs Battery Under Minnesota Law In general, assault and battery are two separate crimes in Minnesota. Typically, assault involves a threat of any violence that causes fear of physical harm. On the other hand, battery is the physical act itself. For example, a threat to punch someone is assault, while the punch is the battery. Minnesota criminal law does not divide the two into separate crimes. In Minnesota, you can face a relatively similar criminal charge for physically attacking someone as you would if you threatened to assault someone. On the other hand, threatening violence with the intent to terrorize a person is a separate crime. There are subtle differences in the law between a threat and a physical act that can drastically change the type of criminal charge you may face. Sexual Battery Vs Sexual Assault Some states also use assault and battery to define sex crimes. When this is the case, sexual assault typically involves less severe behavior, such as non-consensual sexual touching. Sexual battery, on the other hand, generally refers to more serious criminal behavior, up to or including rape. Minnesota Sexual Assault Laws In Minnesota, crimes of sexual assault, sexual battery, and rape are all classified as criminal sexual conduct. Criminal sexual conduct can be in the first, second, third, fourth, or fifth degree. First-degree criminal sexual conduct consists of the most serious criminal behavior, such as rape and child sexual abuse. Consent Consent is a critical determining factor in assessing whether a sexual conduct crime has been committed. It is also a common defense against such accusations. Because of this, consent (or lack of) is often a hotly debated and confusing element in a sex crime case. In Minnesota, consent is agreeing, in words or actions, to any sexual act. A prior relationship—sexual, romantic, or otherwise—by itself does not consent to any sexual act. However, the existence of a prior romantic relationship may help form the foundation for the explanation of consent as a defense to an accusation of sexual assault. Additionally, consent cannot be freely given if an individual is incapacitated or impaired in some way. For example, someone cannot always freely give consent if they have a developmental disability or mental illness. A person also cannot freely give consent when they are under the influence of drugs or alcohol, whether or not they chose to use them. Defenses Defenses against an accusation of criminal sexual conduct in Minnesota include innocence, insanity or mental incapacitation, mistaken age (in very limited circumstances), and, most commonly, consent. Contact a Criminal Defense Attorney in St. Paul, MN Today An accusation or conviction of a criminal sex offense is a serious matter. These crimes are aggressively prosecuted in Minnesota and should not be taken lightly. Charges can range from a misdemeanor to a felony, and a conviction can carry a sentence of up to thirty years imprisonment. If you or a loved one has been accused of committing a criminal sex offense, you need a detail-oriented, accessible, and thorough attorney with experience in the area. Arechigo & Stokka has successfully defended hundreds of clients in criminal cases. Many successful defenses have involved accusations of sex crimes, including high-profile cases in this area. We are dedicated to being there for you every step of the way and pride ourselves on the access we give our clients. Contact us online or call (651) 222-6603 today or to speak with our experienced attorneys. Read testimonials from prior clients, check out our Youtube channel, Facebook profile, or Twitter account to get to know us, and contact our firm today.Read More