In most cases where an injury has occurred at work, the only remedy is under the Minnesota Workers’ Compensation system. This means the benefits are defined by law. In 1975, however, a provision was added to the Minnesota workers’ compensation law that prohibited retaliation against an employee for seeking workers’ compensation benefits. Under Minnesota workers’ compensation law, an employer...
Read MoreOFFICE PARTY INJURIES In many offices in Minnesota, there are Christmas parties, office parties, picnics, or other office events. Work comp injuries at the office party may be covered under Minnesota workers’ compensation. Several issues are analyzed in making a determination whether work comp injuries at the office party are covered. Minnesota Statute 176.021, subd. 9, provides: Injuries incurred...
Read MoreUnder Minnesota workers’ compensation law, depression that results from a work injury may be compensable in certain cases. Minnesota workers’ compensation law divides “mental injuries” such as depression into certain categories: 1. Mental Physical Cases: This occurs when work comp depression produces a physical ailment. This is likely not a situation where the issue of depression will arise, but...
Read MoreMany employers in Minnesota require their employee to travel in their vehicle as part of their job. The issue of whether an employee’s motor vehicle insurance or workers’ compensation insurance covers the injuries can become an issue. As with any injury, it must first be decided whether the injury arose in the course and scope of employment. However,...
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WORK COMP MEDICAL BILLS In general terms, an injured employee has the initial burden of showing that a work injury arose out of and was in the course of employment in order to be covered under Minnesota workers’ compensation law. If the injured employee can meet that burden, the employee must then show that any medical bills or treatment...
Read MorePERMANENT PARTIAL DISABILITY Permanent Partial Disability (PPD) benefits are intended to compensate injured workers for permanent loss or impairment of a bodily function. PPD benefits are not dependent upon wage loss or ability to work. In order to qualify for Permanent Partial Disability Benefits in Minnesota, an injured worker must show that the permanency of the injury is causally related...
Read MoreCHIROPRACTIC CARE PAYMENT Sometimes when a worker is injured in Minnesota, he or she would prefer to go to a chiropractor to treat their injuries. Minnesota workers’ compensation, however, limits the amount of chiropractic care that insurance companies are required to pay for. These “limitations” are called the treatment parameters. The treatment parameters apply to all dates of injury...
Read MoreSTARTING A WORKERS COMP CASE The method to start a Minnesota work comp case depends on the benefit being claimed and whether the employer has accepted primary liability. If the employer has denied primary liability for the injury, then a Claim Petition must be filed to start a Minnesota work comp case. If the employer has accepted primary liability for the...
Read MoreIn most cases, the answer is yes. Under Minnesota workers’ compensation law, the employer/insurer is entitled to an independent medical examination of the employee for any injuries claimed. Many times this will occur during your case while you are receiving benefits. In other cases, when your Minnesota work comp claim has been denied from the beginning, it will occur after the...
Read MoreDETERMINING MINNESOTA WORKERS’ COMPENSATION WAGE LOSS BENEFITS CAN BE TRICKY. An injured employee’s wage on the date of injury determines the amount of the employee’s Minnesota workers’ compensation wage loss benefits. A fair estimation of the injured employee’s future earning power, taking into account a reduced earning capacity because of injury, is the main objective of determining an injured...
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