Workers Compensation

Workers’ compensation coverage will provide benefits to an employee who suffers a work-related injury or illness. In most cases, workers’ comp insurance for independent contractors does not exist. This means that independent contractors are not usually eligible for workers’ compensation, but there are some exceptions. If you disagree that you’re an independent contractor, workers’ compensation benefits may be available if you can prove you’re an employee. To learn more about workers’ compensation for independent contractors, contact a skilled Minnesota workers’ compensation attorney.    Are Independent Contractors Covered by Workers’ Comp? The law doesn’t require employers to purchase workers’ compensation for independent contractors. This coverage is typically reserved for employees only. However, some employers choose to buy coverage that would extend to independent contractors. Independent contractors can also purchase their own policy that would cover them in the event of an injury on the job.   Sometimes, employers try to classify workers as independent contractors who are actually employees. In some instances, the misclassification is a mistake, but other times it’s intentional. By categorizing employees as independent contractors, employers get out of paying benefits and additional taxes.   Independent Contractors and Employees Answering some questions can help determine whether someone is an employee or an independent contractor. The most critical factors to look at are:  Payment—Is payment by the job, or do you receive wages, either hourly or salary? Control and Direction—How much control do you have over your own work? Equipment—Do you provide your own equipment, or does the employer provide it? Training and Character of Work—Is your work highly skilled, and do you only perform a single job while working for multiple companies? Answering these questions can help determine whether you are an employee who is misclassified as an independent contractor. If you find that your employer dictates these factors, then you are likely an employee. Some employers might have you sign an agreement that says you are an independent contractor, but that’s not enough to override the laws that determine whether you’re an employee or not. If you feel your employer wrongfully denied your benefits due to independent contractor status, you need to speak with a workers’ compensation attorney right away.   When Are You Entitled to Workers’ Comp in Minnesota? You may be entitled to workers’ compensation benefits if you are an employee who suffers a work-related injury or sickness. Workers’ comp can cover some expenses like your medical and rehabilitation costs, and it can replace a portion of your lost wages.

Although workers’ compensation benefits are based on a no-fault system, it doesn’t mean your claim will be automatically approved. After you submit your application, you may receive notice that your workers’ comp claim is denied. If you do receive a workers’ compensation denial, don’t give up hope. You have the right to appeal this decision. For more information on how to proceed with an appeal, contact a St. Paul workers’ compensation attorney. Work Injuries and Workers’ Compensation Being injured at work is not necessarily uncommon. Some people are injured due to an accident, like a trip and fall. Other workplace injuries develop over time and are the result of exposure to toxic chemicals or are repetitive stress injuries. When you are injured at work, you expect that your employer’s insurance will cover your medical expenses and missed time from work. If you receive a workers’ compensation denial, you need to find out the reasons why. Reasons a Workers’ Comp Claim Is Denied Do not give up your potential right to benefits because you received a workers’ compensation denial. Reasons for the denial can vary from simple paperwork mistakes to pre-existing conditions. Here are some of the most common reasons your workers’ comp claims are denied: You did not notify your employer of your injury within the allotted time frame; You did not file a workers’ compensation claim within the deadline; Your condition doesn’t meet Minnesota state guidelines; You filed a claim after quitting, being laid off, or being fired; Your employer disputes that your injuries are work-related; You did not seek any medical treatment; You were under the influence of alcohol or drugs when the injury occurred; You refused to cooperate with the workers’ compensation carrier; You sought treatment with a provider not approved by workers’ compensation; or Your injuries are a pre-existing medical condition. There may be additional reasons for a workers’ compensation denial, which is why you must find out the exact reasons why. That will help you decide what your next steps are. What to Do If Your Claim Was Denied If your workers’ comp claim was denied, you need to find out why. Look at the letter, which will likely include the reasons for the denial. If the denial appears to relate to a mistake in paperwork, start by contacting the workers’ compensation adjuster to correct the problem. If this doesn’t fix your claim, your next step should be to contact a St. Paul workers’ compensation attorney. Filing an Appeal Your denial letter may contain information on how to appeal the decision. In most cases, your appeal starts with filing an Employee’s Claim Petition. You need to answer all the questions and get a medical report from your doctor that supports your work injury claim. You will send everything to the Minnesota Department of Labor and Industry (MDLL). You also need to forward copies to your employer and their workers’ compensation carrier. The MDLL may respond with a decision, schedule a settlement conference, forward your claim to the Office of Administrative Hearing, or take other action. When to Hire a Lawyer When your workers’ compensation is denied for any reason other than a simple mistake, you should contact a St. Paul workers’ compensation attorney. An attorney can help you decide whether filing an appeal is the right course of action. The appeals process can be complicated, and it may require you to attend multiple hearings in person. It’s crucial to have all the necessary evidence at the start as you may not be able to present additional information as you move through the various appeal levels. If you need assistance with your workers’ compensation denial, contact Arechigo & Stokka to schedule an initial consultation. We specialize in Minnesota workers’ compensation claims and can help you fight for your workers’ compensation benefits.  

Can You Sue Workers’ Comp for Pain and Suffering? If you were injured on the job, you might be wondering, Can I sue workers’ comp for pain and suffering?  When you file a personal injury claim, you can recover medical bills, time off work, pain and suffering, and mental anguish. Understandably, you might assume it’s the same with workers’ compensation claims. However, you cannot pursue your employer for payment related to your pain and suffering in a workers’ comp claim.  Workers’ compensation is a no-fault system, which means you don’t have to prove that your employer was negligent to receive compensation. The downside of this system, however, is that the compensation you can recover is limited to medical bills and wage-replacement benefits. Nevertheless, there may be some limited scenarios where you could pursue a claim for pain and suffer against a third party. If you have questions about the compensation you will receive from a work-related accident, you need to speak with an experienced St. Paul workers’ compensation attorney.   Can I Sue for Pain and Suffering in a Workers’ Comp Case? At Arechigo & Stokka, one of the most common questions we get is, does workers’ comp pay for pain and suffering?  Pain and suffering damages are meant to compensate you for the physical discomfort you experienced from your injuries caused by someone else’s negligence. It may also address your emotional pain, including sadness, depression, anger, etc.  Pain and suffering typically falls outside the scope of workers’ compensation coverage. Each state’s laws may differ some, but generally, you won’t be able to pursue pain and suffering damages in a workers’ comp claim.  Where pain and suffering and workers’ compensation can intersect is when a third party is involved and has some fault for your injuries on the job. If you were involved in an accident while driving between job inspection sites, for example, you could sue the driver who caused the accident. This would allow you to receive pain and suffering damages from the driver, as well as your workers’ compensation benefits. How to Prove Pain and Suffering Pain and suffering damages are not necessarily easy to calculate. Numerous factors can influence your compensation, including: Your pain levels and the severity of the injuries; The expected recovery period; How your injuries impacted your daily activities, job, hobbies, etc.; How often you need medical treatment; and Your ongoing and future care. Your attorney will work with you to prove that you deserve the maximum compensation possible for your pain and suffering. Recovery Options Although workers’ compensation doesn’t usually cover pain and suffering, there may be some recovery options. Are you a federal employee that may have other options outside of Minnesota workers’ compensation benefits? For example, an injured railroad worker could file a claim under FELA, the Federal Employee Liability Act. Another option, as discussed above, is a third-party lawsuit against another party who shared some responsibility for your injuries. For example, if you work construction, you might have a claim against a contractor or manufacturer. Depending on the circumstances of your workplace accident, there may be additional recovery options. Your attorney can go over all the potential ways you might recover compensation for pain and suffering.  When to Contact a Lawyer If you believe you have a valid personal injury lawsuit in addition to your workers’ compensation claim, you should meet with a skilled St. Paul workers’ compensation attorney. Contact Arechigo & Stokka online or call today at 651-222-6603 to schedule an initial consultation. We have years of experience handling personal injury claims and can help you fight for the maximum compensation for your pain and suffering.  

A Minnesota Work Comp QRC is a Qualified Rehabilitation Consultant. The general purpose of “rehabilitation” and the reason behind providing a Minnesota work comp QRC to an injured employee is to assist injured workers in returning to their former employment or to some other employment.  If the injured employee is precluded from returning to his/her previous job, the Minnesota work comp QRC assists the employee in returning to work in a modified position.  The QRC may also assists injured employees in acquiring new job skills through training or retraining. When an employee is injured at work, that injured employee has a right to a QRC consultation under Minnesota workers’ compensation law.  After the initial consultation, the Minnesota work comp QRC  will determine whether the injured employee is a “qualified employee.”  A “qualified employee” is defined by Minnesota workers’ compensation law as: an employee who, because of the effects of a work-injury or disease, whether or not combined with the effects of a prior injury or disability: A.  is permanently precluded or is likely to be permanently precluded from engaging in the employee’s usual and customary occupation or from engaging in the job the individual held at the time of the injury. B.  cannot reasonably be expected to return to suitable employment with the date of injury employer, and C.  can reasonably be expected to return to suitable gainful employment through the provision of rehabilitation services considering the treating physician’s opinion of the employee’s work ability. There has been a dispute regarding what constitutes “permanently precluded” from engaging in the employee’s customary occupation. Courts have held that an injured employee need only be “presently” precluded from engaging in previous work duties to meet the criteria of a “qualified employee.” An employer may object to an employee obtaining a Minnesota work comp QRC.  At that time, it is important to obtain a Minnesota workers’ compensation lawyer to assist you.   A Minnesota work comp QRC can be very important to an injured employee’s ability to return to work as well as other issues that can effect wage loss benefits and medical benefits.  Our Minnesota workers comp lawyer will make sure you receive the assistance of a Minnesota work comp QRC. QRC FAQs What are Common Problems with a QRC? Some injured workers experience problems with their QRC.  Typically these problems stem from the fact that the QRC actually works for the insurance company.  Their job, “on paper” is to help you though the process.  However, the longer you are in the process, the more their employer (the insurance company) needs to pay.  As a result, there are times when a QRC may push an injured worker too hard or try to speed them through the recovery process.  Common complaints about a QRC that some injured workers have experienced include:   It feels like the QRC is trying to close your case too quickly The QRC is pushing you to return to a level or work that you are not ready for The QRC has questioned your injury or minimized the severity of the injury The QRC is always taking the insurance company’s side The QRC is trying to get your doctor to approve you for work without restrictions Can You Replace a QRC? QRC WORK COMP FAQ There is a 60 day window after the QRC is initially assigned where you can accept or reject the QRC.  Within the first 60 days, you do NOT need a reason to select your own QRC.  However, most people do not know what a QRC is, much less how to find one that is a good fit for their particular injury.  This is another way that having a workers’ compensation lawyer handling your case is beneficial to you.  At Arechigo & Stokka in St. Paul, we have an extensive network of excellent QRCs that we can refer you to.  WORKER REHABILITATION SAINT PAUL FAQ What Should I Do If I Have a Problem with my QRC? Outside of the initial 60 days after they are assigned, the easiest method to resolve an issue with your QRC is likely to work with an experienced Workers’ Compensation lawyer.  At Arechigo & Stokka, we are happy to answer any questions you may have about your work injury and related recovery either over the phone or in our St. Paul law office.  WORKER REHABILITATION SAINT PAUL MN FAQ Is It Expensive to Hire a Workers’ Compensation Lawyer?  It costs you nothing to hire Arechigo & Stokka to handle your work comp case.  Our fee is paid as a percentage of the total overall recovery we secure on your behalf.  This means that if we are unable to secure a settlement for you, you pay nothing.  Contact us today to take the first step towards a financial and physical recovery from your work-related injury.

Injuries happen in the workplace every day. Some injuries that appear insignificant can leave you with lasting health problems and require extensive rehabilitation. But it might be difficult to determine the extent of your injuries when you file for workers’ comp through your employer. Below are some workers’ compensation tips to help you maximize your workers’ comp settlement and ensure you receive the compensation you deserve.  Keep Track of Your Medical Records and Attend All Scheduled Appointments Even if you believe your injuries don’t require medical attention, you still need to visit a doctor after a workplace injury. You should schedule your doctor’s appointment right away. Insurance companies and employers will use delays in medical treatment to lower your workers’ comp claim by questioning the extent and severity of your injuries. Doctor visits provide important paper trails that will help you prove the cost of your medical treatment and rehabilitation. Your doctor will assess the full range of your injuries and help you calculate the full extent of your medical treatment, including any future treatments and ongoing rehabilitation. Your doctor will provide you with a detailed description of your injuries and the recommended treatment. Additionally, make sure you follow all recommended medical treatments. If you fail to follow your doctor’s advice, your employer or the insurance company can use this information against you. Beware of Insurance Companies Insurance companies will try to minimize the amount they pay for any workers’ comp claim. If an insurance adjuster contacts you after your injury, they will likely promise you immediate payment, but the amount will undervalue the cost of your injuries. Do not accept the initial offer. Instead, wait to negotiate until you receive medical treatment and speak with a qualified workers’ comp attorney. You should also wait to meet with the insurance adjuster until you have legal representation. Often, insurance adjusters will record your meeting and use your answers against you. Your attorney can help guide you through this meeting and protect your interests.  What Should I Do If I Disagree with My Workers’ Comp Payment Amount? Employers and insurance companies normally want to pay as little as possible for workers’ comp claims. Although the amount they offer may cover up-front medical costs, it might not be enough to cover all future medical treatment and other injury-related expenses.  Calculating workers’ comp amounts can be confusing and difficult. An experienced workers’ comp attorney understands these calculations and how to prove the value of your claim. Before agreeing to any workers’ comp payment, you should first consult with an attorney to make sure you get a fair offer.  Contact a Qualified Workers’ Comp Attorney Today If you suffered a workplace injury, you deserve fair compensation. The attorneys at Arechigo & Stokka have extensive experience handling our clients’ workers’ comp claims. We believe you should focus on recovering from your injuries, not on fighting to receive fair compensation. We will work diligently and fight for your interests. Our dedicated staff will answer your questions and provide you with support and guidance throughout the claims process. For a free consultation, call our office at 651-505-5943 or fill out an online form today. 

Mediation is a form of alternative dispute resolution. It takes place prior to a hearing in court to try to resolve issues and agree on a settlement. Workers’ comp mediation hearings generally take between two and four hours but can be shorter or longer depending on the facts of your case and the attitude of the parties involved. If you’ve suffered a workplace injury and are considering mediation, a workers’ comp lawyer can help you through the mediation process and negotiate for the settlement you deserve. What Happens at a Workers’ Comp Mediation Hearing? A workers’ comp mediation hearing takes place at either the mediator’s office, one of the attorneys’ offices, or a neutral office. Parties who attend workers’ comp mediation hearings include: You, Your attorney, The mediator, The workers’ compensation insurer’s attorney, and The workers’ compensation insurance adjuster. You may also have your spouse, a close family member or friend attend to support you. After arriving for the mediation, both parties are sent to separate conference rooms. The mediator begins by making an opening statement outlining the goals for the mediation and his or her role in the process. You and your attorney will then have a chance to outline the key points of your case.  After outlining your arguments, the workers’ compensation insurance company will begin by making an offer and you will have the chance to counteroffer. All offers and counteroffers are made to the mediator, who then relays the information to the other party. This process will repeat throughout the mediation until you either agree on a settlement amount or decide you no longer want to continue the mediation. How Should I Prepare for a Workers’ Comp Mediation Hearing? To prepare for your workers’ comp mediation hearing, you should first meet with your attorney. You should discuss the facts of your case and the medical and legal issues involved. It is also important to discuss the arguments you want your attorney to make during the mediation and the strengths and weaknesses of those arguments. Prior to the mediation, your attorney will submit documents so that the mediator understands the facts of the case, the issues involved, and the amount of compensation you wish to receive. You may need to get your attorney certain records, such as medical or employment records, to support the documents submitted by your attorney. On the day of the mediation, you should make sure you are well-rested, arrive on time, dress professionally, and are polite to all parties involved. Do I Need a Workers’ Comp Lawyer? Because most workers’ compensation claims that go to mediation are complex, you should hire a workers’ comp lawyer. A workers’ comp lawyer will help you provide a detailed analysis of your workers’ compensation claim, calculate a reasonable settlement demand, and negotiate for the best possible settlement during the mediation. Our workers’ comp lawyers at Arechigo & Stokka, P.A., have handled hundreds of Minnesota workers’ comp cases. We will use our experience to negotiate the best possible settlement for you during your workers’ comp mediation.Contact us today with any questions you may have or to schedule your free consultation.

If you suffered a work injury, you are likely concerned about getting the workers’ compensation benefits you need and deserve. The odds of winning a workers’ comp case depend on the facts of your case and whether you took the appropriate steps throughout the claims process. But there is more than one way to win a workers’ comp case. Accepting a reasonable settlement can be a win because you receive compensation for your injuries without the risk of going to trial. If you have suffered an injury at work, you should speak with a Minnesota workers’ comp lawyer today. A lawyer can give you guidance regarding how to win your workers’ compensation case. Steps You Can Take to Win a Workers’ Comp Case To increase your chances of winning your workers’ compensation case, you should consider taking the following steps. File Your Claim Quickly and Accurately First, you should file your claim quickly and accurately. You can accomplish this by reporting your injury to your supervisor right away. In Minnesota, failing to report your injury within 14 days can prevent you from filing a workers’ comp claim. After reporting your injury, you should speak with a lawyer as soon as possible. The sooner you file your claim, the more likely you’ll win your case. Get Prompt Medical Treatment Next, you should seek medical care immediately after the accident. Medical records are important evidence in workers’ comp cases. They include a description of your injuries and statements by medical professionals. It is important to understand that failing to seek immediate medical treatment could hurt your chances of winning a workers’ comp case. Your insurance company may argue that failing to seek immediate medical treatment means you weren’t as severely injured as you said you were. Be Careful of Surveillance and Private Investigators It is also important to be aware that private investigators might follow you if your insurance company believes that you are not being truthful about your injuries. Investigators may try to videotape you performing physical acts that are inconsistent with your injuries. Keep Detailed Records You should also keep detailed records of all other information relating to your workers’ comp claim. Records other than medical records include: Letters from your employer or insurance company; An accident report; and Forms stating your workplace restrictions. Keeping detailed records will help your attorney quickly and accurately file your workers’ comp claim. Do I Need a Workers’ Comp Lawyer? If you have been injured at work, you should strongly consider hiring a workers’ comp lawyer. A lawyer can help you avoid making mistakes in the complicated workers’ compensation claims process, file your claim on time, and increase your chances of receiving a high settlement. A lawyer can also give you leverage when dealing with insurance companies. Our workers’ comp attorneys at Arechigo & Stokka, P.A., will help you through the workers’ comp claims process. We believe in fighting for the compensation you deserve so that you can focus on recovering from your workplace injury. Contact us today with any questions you may have or to schedule your free consultation.

Congress has passed several laws aimed at fighting discrimination in the workplace. In 1990, Congress passed the Americans with Disabilities Act to provide protections and accommodations for disabled persons in the workplace. The ADA prohibits employers from denying employment because a person has a disability. Further, the law imposes a duty to accommodate disabled persons in the workplace. Employers must provide reasonable accommodation to allow an employee to complete their job assignments. Reasonable Accommodation Laws in Minnesota Under the ADA, reasonable accommodation is a modification or adjustment to a job, the work environment, or to the normal hiring process to provide equal opportunities in the workplace to people with disabilities. Reasonable accommodations are meant to assist a disabled person in three ways: Providing equal opportunities for people with disabilities in the hiring process; Providing accommodations so a person with a disability can perform their essential job duties; and Ensuring that an employee with a disability can enjoy the same job benefits as their co-workers. Some examples of reasonable accommodations include: Installing a ramp or modifying a restroom; Providing screen reader software; Providing sign language interpreters or closed captioning at meetings; or Changing workplace policies to allow service animals in the workplace. Employees with a disability may request any reasonable accommodations that would assist them in performing their essential job functions.  Requesting Accommodation Employees bear the responsibility to request reasonable accommodations if they have a disability. This request can be made verbally or in writing and does not require specific language or procedures. Employers are required to provide reasonable accommodations depending on the specific needs of the individual and the nature of the work. Employers must work with the employee who requested accommodation to determine if it is reasonable and necessary for the employee to perform their job.  When Can an Employer Deny a Request for Accommodation? Under certain circumstances, employers may deny requests for accommodation.  If the requests are unreasonable, the employer may refuse to grant the request or may modify the request. Examples of unreasonable requests include: Requests that eliminate an essential function of the job, or Requests that disrupt the company’s ability to make profits. Additionally, employers do not need to grant accommodations that would cause the employer undue hardship. Undue hardships include: Significant costs to the employer, Disruption of the normal course of business, and Significant difficulty. Courts assess undue hardship based on several factors, including: The size of the employer, The employer’s financial resources, The nature of the employer’s business, and The impact of the accommodation on the business. Employers only have to provide accommodations for disabilities of which they are aware. If you have a disability and you need accommodations, you must inform your employer and make a request.  What Should I Do if My Employer Denied My Reasonable Accommodation Request? Your employer may not ignore your request or deny a reasonable request. If your employer ignores or denies your request, you should follow the guidelines below to fight your request denial. Put Your Request in Writing  First, put your request in writing and send it to the head of your company’s human resources department. Although not required by law, this will help ensure your employer understands your request. You can also refer back to your written request if you need to pursue further action. Contact an Attorney If your employer continues to ignore your request, you should speak with a qualified employment discrimination attorney. Your attorney can contact your employer directly and help you demand your accommodation. An attorney also understands the ADA and other anti-discrimination laws and can help you navigate the process. Your lawyer can help ensure your request is reasonable to avoid denial by a court. Finally, your attorney can help ensure your request fully accommodates your needs. The ADA guarantees people with disabilities equal opportunities in the workplace. Your attorney will work to ensure you receive the accommodation to which you’re entitled. File a Claim with the Equal Employment Opportunity Commission If your employer refuses demands and negotiations with your lawyer, you can file a claim with the Equal Employment Opportunity Commission. The EEOC will assess your claim to determine if your employer has discriminated against you.  If the EEOC does not take action or you are dissatisfied with the outcome, your lawyer can help you file a claim in court. We Are Here to Help If you have a disability, you have a right to equal opportunities in the workplace. We do not tolerate discrimination, and we will fight diligently to protect your interests. The attorneys at Arechigo & Stokka have extensive experience defending our client’s interests and protecting their rights. We put our clients first, and we strive to answer all of your questions and provide you support every step of the way. For a free consultation, call our office at 651-419-5366 or fill out an online form. 

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.