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
If you have been charged with a crime or were injured at work,
there is no room for error when it comes to your case.
Don’t take a chance with your future. Hire a criminal defense attorney or workers compensation lawyer who has handled hundreds of cases.
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
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
[WATCH] Tips For Making Sure Your MN Workers’ Compensation Claim is Paid Transcription: Since they’re trying to save money, insurance companies don’t like to pay out claims. Because of this, they’ll try to come up with reasons to deny or undervalue them. If you were injured at work, try your best to not give the insurance company any reason to deny your claim. Here are some tips to avoid getting your workers’ compensation benefits wrongfully denied. First, report the injury as soon as possible. State workers’ compensation laws often require you to report work injuries within 30 days. Second, gather the names of potential witnesses. If anyone witnessed your injury, get their names and contact information so they can verify your story. Third, get medical treatment immediately. Most insurance companies assume that if you don’t seek medical attention, then you weren’t really injured. Fourth, explain how you got hurt. Give details to your medical provider and the insurer about how the injury happened. We recommend having an attorney with you whenever you contact the insurance company. Fifth, fill out your employer’s accident report form. If you do not fill out an accident report with the company’s insurer, they may try to deny your claim. Sixth, sign a limited medical authorization for the insurer. This allows insurers to have copies of your medical records relating to your work injury. Seventh, attend all your doctor’s appointments. If you skip doctor’s appointments, the insurer may try to terminate your benefits. For more information about workers’ compensation claims, contact Arechigo & Stokka today. We’ve helped hundreds of workers throughout Minnesota get the benefits they deserve. St Paul, Minnesota Workers’ Compensation Attorney Fees Become Governed By Statute This means that unlike in, for example, a personal injury case, where the attorney has some discretion over what to charge for a fee, the Minnesota legislature heavily regulates what a Minnesota work comp attorney can charge. There are several different types of Minnesota workers’ compensation lawyer fees which we’ll explain below. Minnesota Workers’ Comp Contingency Fee This is one of the main methods for payment of Minnesota workers’ compensation attorney fees. Minnesota Statute § 176.081, subd. 1(a) permits these fees. For injuries from 1995 to October 2013, this section permitted a Minnesota workers’ compensation lawyer a fee of 25% of the first $4,000 and 20% of the next $60,000 of compensation awarded to the injured employee so long as the fees are calculated on genuinely disputed claims or portions of claims. All fees for legal services pertaining to the same injury are cumulative and may not exceed $13,000. Fees for obtaining disputed medical or rehabilitation benefits are included in the $13,000 limit. In October 2013, the statute was amended to state that a fee for legal services of 20% of the first $130,000 of compensation awarded to the employee is the maximum permissible fee. Denied a Workers’ Compensation Claim? Call us today for a free and confidential case analysis. You can reach us at 651-222-6603, we are ready to help. We’ll take care of everything else. Submit the short form below to setup a consultation. Irwin/Roraff Fees The statute went under modification in 1995 to provide that the $13,000 limit on work comp attorney fees was the maximum possible fee for all legal services related to the same injury, including attorney fees paid for by the employer/insurer. In Irwin v. Surdyk’s Liquor, the Minnesota Supreme Court held that the limitations on attorney fees in the 1995 amendments to the Minnesota Statute were unconstitutional in that they impinged upon the court’s inherent power to oversee attorneys and attorney fees. Fees in Excess of Maximum Under Irwin, to get a fee more than the statutory limit, the court set forth a list of factors to consider the compensation judge in the determination of Minnesota workers’ compensation attorney fees: The amount involved Time and expense necessary to prepare for trial The responsibility assumed by counsel The expertise of counsel The difficulty of the issues The nature of the proof involved The results obtained MN Workers’ Compensation Fees on Intervenor Recoveries These are usually companies that have provided medical treatment or wage replacement benefits such as a short term disability plan. Minnesota Statute § 176.361, permits any “person” who has an interest in any matter before the Workers’ Compensation Court of Appeals, Commissioner or compensation judge, such that the person may either gain or lose by an order or decision, to file an application or motion to intervene. Issues arise whether and to what extent an intervenor must contribute to the attorney fees or costs incurred in establishing the injured employee’s entitlement to Minnesota workers’ compensation benefits that result in a recovery for the intervenor. The main case involved in this issue is Edquist v. Browning-Ferris. The St. Paul Statutory Scheme for MN Workers’ Comp Fees The Statutory Scheme That Outlines Minnesota Workers’ Compensation Attorney Fees Is to the Benefit of Injured Workers: A Minnesota work comp lawyer only entitles to make a claim for workers’ compensation attorney fees on genuine disputes. This means that if you hire a work comp lawyer at the beginning of your claim, and the employer/insurer does not dispute anything (wage loss, medical, etc.), the work comp attorney cannot make a claim for fees. Also, many attorney fees and rates become paid for by an employer/insurer. For example, if an injured worker’s doctor requests to perform an MRI, the insurer denies payment, and the Minnesota work comp lawyer succeeds in getting the MRI paid for, those fees become paid for by the insurer/employer. Because of this, it is important for an injured employee to obtain a Minnesota workers’ compensation lawyer at the beginning of the case for a few reasons. One, many different time deadlines exist that you must adhere to and failure to adhere to them can adversely affect the case. Second, if a dispute does arise, our MN workers’ comp attorney has all the information and can make a quick decision and...Read More