Workers Compensation

Workers’ Compensation Lawyers Assisting Clients in Minnesota If you are injured on the job in Minnesota and cannot return to work due to the severity of your injury, you may be eligible to file a claim for Minnesota workers’ compensation. Under Minnesota law, most workers who sustain serious injuries or illnesses in the course of their employment are eligible to seek Minnesota work comp benefits. However, there are some exceptions to the rule, and there are very specific guidelines that govern when and how an injured worker must file a claim. Filing a workers’ comp MN claim can be extremely complicated, and there are various reasons that your claim can be denied. With the help of a workers’ compensation MN attorney, you can ensure that you take all necessary steps in the initial process of filing your claim. If you have already filed a claim and are facing a denial of benefits, one of the dedicated attorneys at our firm can assist with your appeal. Do not hesitate to get in touch with the experienced Minnesota workers’ compensation lawyers at Arechigo & Stokka to learn more about how we can assist with your case. [DOWNLOAD] Minnesota Workers’ Compensation Free Guide What is Workers’ Compensation in Minnesota? Workers’ compensation insurance is a type of insurance that most employers in Minnesota are required to carry, and it can provide coverage to employees who sustain illnesses or injuries on the job. When an employee gets hurt at work or as a result of his or her employment, that employee can file a workers’ compensation claim in order to seek benefits. Typically, workers’ compensation coverage can compensate an injured employee for a portion of his or her lost wages, as well as medical coverage for the injuries, suffered on the job. Injuries must be work-related injuries, or arise out of the course of employment, in order to be eligible for coverage. The Minnesota Department of Labor and Industry (MDLI) defines a work-related injury as “any condition that is caused, aggravated, or accelerated by employment activities.” Traumatic injuries, gradual injuries, and occupational diseases all may be covered by workers’ comp. For example, an injury that happens on a job site typically will be covered. If a worker drives a vehicle as part of his or her job duties, then injuries sustained in a traffic crash also may arise out of the worker’s job and may be covered by workers’ comp. However, injuries sustained in a crash on the way to work will not be eligible for workers’ comp MN coverage. Mandatory Coverage: Who is Eligible for Workers’ Compensation Benefits in Minnesota Generally speaking, most employers in Minnesota are required to have workers’ compensation insurance. To be clear, Minnesota has what is known as mandatory coverage when it comes to workers’ comp. As such, most employers who hire other people to perform services are required to buy workers’ compensation coverage or self-insurance. Even employers who only hire minors or non-citizens are required to have workers’ compensation coverage under the mandatory coverage provisions. In some cases, even volunteers are covered by workers’ comp. However, there are some exceptions. While these exceptions are limited mostly to certain small business situations, the following are some examples of employers who may be exempt from purchasing workers’ compensation insurance under Minnesota law: Sole proprietors: If a person is a sole proprietor of a business, that small business owner is not required to have workers’ compensation coverage for herself or for close family members working in the business (such as children, a spouse, or parents). However, it is important to be clear that a sole proprietor is required to have workers’ compensation coverage for other employees. Partnerships: Businesses that are structured as partnerships, similar to sole proprietorships, tend to be exempt from coverage for the partners and for close relatives of the partners who are employees of the business. Executive officers in closely held corporations: In some closely held corporations, an executive officer is exempt from workers’ compensation coverage. However, numerous requirements must be met in order for the executive officer to be exempt. Managers in LLCs: Managers of limited liability companies (LLCs) are, in some situations, exempt from mandatory coverage for workers’ compensation. Other parties may be exempt, and it is important to confirm with an experienced workers’ comp MN lawyer whether coverage is mandatory. Just because a person is exempt does not mean that the person cannot elect to provide workers’ compensation coverage. If an employer is exempt but elects to provide coverage, then any employees who are covered can be eligible to file a claim. Types of Disability Benefits Provided By Workers’ Compensation Workers’ compensation benefits tend to provide compensation for four different types of disability benefits: Temporary total disability: Your injury prevents you from returning to work in any capacity, but you are expected to recover (at least in part) from your injury. Temporary total disability benefits, or TTD benefits, pay two-thirds of an employee’s average weekly wage with a maximum of the 2019 statewide average weekly wage (SAWW) of $1,112.00. Typically, TTD benefits are paid for a maximum of 130 weeks. In some cases where an employee is in a vocational rehabilitation program, TTD benefits can be extended. Temporary partial disability: Your injury prevents you from returning to work in your full capacity, yet you are able to return to work in a part-time or modified capacity. You are also expected to recover from your injuries. Compensation is two-thirds of the difference between your earnings if you were at full capacity and your modified earnings. TPD benefits typically are available for a maximum of 225 weeks. Permanent partial disability: Permanent partial disability (PPD) benefits are designed for injured workers who suffer a permanent disability, but your disability does not prevent you from working entirely. For example, most permanent partial disability benefits involve the loss of function of part of the body. The amount of PPD benefits depends upon the type of permanent disability and the severity of...

MINNESOTA WORK COMP LAWYER  An injured worker can be entitled to Minnesota work comp benefits if an injury is work-related as the result of work duties.  The employee may be injured on the employer’s property, while at another worksite, when traveling on the job, or doing anything that is work-related while “on the clock.”  With the help of an experienced Minnesota workers’ comp attorney, you will receive the help that you need to fill out and file a complete and accurate claim. UNDERSTANDING THE TYPES OF WORKPLACE INJURIES An injury incurred on the job is not considered a valid injury for work comp purposes if it was an injury that occurred due to committing a crime, did not occur while on the clock, was self-inflicted, was due to a pre-existing condition unless worsened by current work, or resulted from the use of alcohol or drugs.  An injury may also not be covered by workers’ comp if it is determined that the injury occurred due to violating company policy. Injuries that are covered under Minnesota work comp typically include physical injuries, including broken bones, head injuries, spinal injuries, amputated limbs, paralysis, eye injuries, burn injuries, repetitive motion injuries (carpal tunnel),  and many others. Illnesses may also be covered if the illness was caused by a hazardous job condition.  For instance, exposure to a toxic substance and exposure to substances that can cause cancer or respiratory illnesses can usually trigger Minnesota work comp benefits. Mental illnesses or traumatic emotional experiences at work are tricky.  These areas have gained some recent momentum under Minnesota work comp.  A person who experiences an event at work that causes emotional trauma resulting in post-traumatic stress disorder (PTSD could possibly qualify for Minnesota work comp benefits if it is deemed impossible for a person to return to work or a person can only work in a limited capacity because of the traumatic experience. HELPING YOU GET THE COMPENSATION YOU DESERVE When you have experienced any of the aforementioned types of injuries, it is important to notify your employer, your doctor, and your Minnesota workers’ comp attorney.  That way the process toward filing your workers’ comp claim can begin.  Minnesota work comp benefits are designed to help you get through your injury, recover, and return to work. CONTACT A ST. PAUL WORK COMP LAWYER As noted, several types of injuries are excluded from Minnesota work comp benefits. It is not uncommon for an employer or the insurance company to claim a legitimate work comp injury falls under one of the excluded categories and thereby attempt to deny work comp benefits. If you have been injured on the job, our experienced St. Paul workers’ comp attorneys can help you obtain your benefits as soon as possible, as well as remove a great deal of stress from the process. Call us today to schedule your free consultation.  There is no upfront fee if you decide to hire our St. Paul work comp lawyers to help recover your Minnesota work comp benefits.

If you are injured at work in Minnesota, the first thing that you must do is report the injury to your employer.   Report the injury to your supervisor.  If you do not have a direct supervisor, report the injury to someone in a management capacity.  Report the injury regardless of the severity.  This is important because sometimes what you believe is a minor injury can develop into a serious injury. Failure to report the injury when it occurs can complicate matters.  If you are injured at work, go home, and then the next morning realize that the injury is much more severe than you realized, the employer may not believe you were injured at work.  Even very severe injuries may not seem severe when they occur.  Report any injury. If needed, go to the emergency room.  After reporting the injury at work, any treatment necessary to treat that injury will be compensated.  Do not worry about the expense at this time.  Tell your doctor you were injured at work.  Your employer may attempt to direct you to a doctor.  You do not have to go to the doctor they tell you to go to.  You may choose your doctor.  If needed you should get a restriction from your doctor.  The restriction can be different depending on the nature of the injury.  It can be a time-per-day restriction, a weight restriction, or anything your doctor deems appropriate. After you receive the restriction, if any, give it to your employer.  Ask your employer to complete a First Report of Injury.  If your employer refuses, fill out the document yourself.   Contact the law firm of Arechigo & Stokka, LLP, for a free consultation at 651-222-6603.

STAIR INJURY AT WORK If you were injured at work going up or down stairs, you deserve Minnesota work comp benefits.  The issue is whether this is compensable under the workers’ compensation law.  Generally, an employee who was injured at work going up or down stairs are work injures that are regarded as compensable injuries.   In one case, a delivery driver’s knee went out while descending three flights of stairs.  The doctor’s report indicated the delivery driver was injured at work going up or down stairs because that activity put more stress on the knee than would have occurred on a flat surface.  Consequently, this work injury was held to be compensable under Minnesota workers’ compensation law. In another workers’ compensation case, a woman with preexisting knee problems ran up a set of stairs and her knee buckled.  Despite the preexisting injuries in her knee, the court held that the work activities accelerated or aggravated the preexisting injury and, therefore, it was held to be compensable under the workers’ compensation law. IF YOU WERE INJURED AT WORK GOING UP OR DOWN STAIRS, AT A MINIMUM, SOME LEVEL OF WORK CONNECTION MUST BE ESTABLISHED IN ORDER FOR THE INJURY TO BE COMPENSABLE UNDER MINNESOTA WORKERS’ COMPENSATION LAW. Whether it is going up and/or down a large number of stairs, work boots that cause a fall and resulting work injury, or going up and down steep stairs at work that is above and beyond what someone may encounter at home, something about the stairs must be tied to work duties. HIRE WEST ST. PAUL’S BEST WORKERS COMP LAWYERS Because more and more employees are injured at work going up or down stairs, workmans comp cases involving resulting injuries from stairs are becoming more common.   If you have a stair injury from work, you need an experienced West St. Paul workers’ compensation lawyer to help prove your case.   If you have any questions, please contact our attorneys for a free consultation.

Just the other day, a St. Paul work comp client came into my office to discuss his case. I asked him how the church volunteering project went. He looked at me with surprise.  I showed him the pictures, sent to me by the insurance company. They showed him clearing brush, moving rocks, and working around the grounds of the church.   This employee had restrictions that restricted his ability to work AT ALL.  At the time he received full employee benefits allowed under the Minnesota workers’ compensation system while recovering from surgery. My client explained that he really had not worked.  He walked around the grounds while his wife helped the group, visiting with the other parishioners.   Unfortunately, he posted pictures of the day on Facebook.  The insurance company had been monitoring his social media.  If you examined the pictures more carefully it was clear that he was not “working” in any of them.  He was standing in front of the camera in most and doing nothing.  In one he was holding a piece of brush. THE INSURANCE COMPANY USED THIS AS AN EXCUSE TO DENY HIM EMPLOYEE BENEFITS. Although the work comp case eventually settled for a significant amount, the pictures the employee posted on Facebook made it much more difficult to obtain employee benefits.  I now tell all my work comp clients to stay off social media pending resolution of their case.   Innocuous pictures can be used to suggest that an employee is lying about the nature and extent of their injury, which may give the insurance company support to deny Minnesota work comp employee benefits. HIRE SOUTH ST. PAUL’S BEST WORKMAN’S COMP ATTORNEYS If an insurance company is using your social media to deny you work comp employee benefits, your case is not over.   Despite what the insurance company may tell you, our St. Paul work comp employee benefits lawyer will make sure we secure the employee benefits you are entitled to.   Our South St. Paul work comp employee benefits lawyer will explain to a judge, at trial if needed, the truth behind the seemingly damaging pictures.   If you need to speak with a Minnesota work comp attorney about obtaining your Minnesota workers compensation employee benefits, please contact our St. Paul work comp employee benefits lawyer at 651-222-6603, for a free consultation.

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 workers’ compensation lawyer fees: 1. 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. 2. 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. 3. 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 4. 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 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 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 work comp attorney has all the information and can make a quick decision and take quick action on the case. Our lawyers will review your work comp case to make sure you are getting all the benefits you deserve.   Our Minneapolis/St. Paul’s work comp lawyers will take the time to explain how workers’ compensation attorney fees factor into your case so you can make appropriate decisions regarding your work comp case. We’ll take care of everything else. Submit the short form below to setup a consultation.