Understanding Minnesota Pre-Existing Conditions in a Workers’ Compensation Claim

    | Read Time: 3 minutes

If you’ve been injured in a workplace accident in Minnesota, you’re probably already experiencing the unfortunate effects.  Do you have a pre-existing injury and being denied your workers compensation benefits? Read on to understand how a MN workers’ compensation attorney will be able to help you with your case. Beyond the physical pain, there are financial consequences of being unable to work and earn an income to support your household.  Plus, you will also incur medical bills for treatment, including costs related to surgery, physical therapy, pain medications, and others.  When you suffer injuries that make you unable to work in your chosen occupation, you may need to learn new skills.  For medical conditions that render you permanently disabled, you may never be able to work again. Fortunately, Minnesota’s workers’ compensation laws provide you with rights as the victim of a workplace accident.  However, the process of filing a workers’ comp claim can be daunting, especially when your employer’s insurance company denies payment on the grounds that you suffer from a pre-existing injury.  As such, you may believe you’re not eligible to receive Minnesota workers’ comp benefits, but the system does cover work injuries that aggravate a nonwork-related medical condition.  A Minnesota workers’ compensation attorney can explain the legal issues and assist with the claims process. You can also read on for some important information regarding your rights. We’ll take care of everything else. Submit the short form below to setup a consultation. Why Pre-Existing Injuries Matter in a Minnesota Workers’ Comp Claim There are two key requirements you must meet to be eligible for workers’ comp: You must be a covered employee, as opposed to an independent contractor; and, Your injuries must be the result of a work-related accident, or some other workplace conditions in the case of an occupational disease. When you have a pre-existing injury, workers’ compensation rules can be complicated because of factor #2.  The line between on-the-job and non-work injuries can be blurry.  It’s common for workers’ comp insurers to deny benefits based upon any reason they can find, and a pre-existing medical condition offers a way out of their legal obligation to pay your claim.  Even when there’s scant evidence that you suffered from a condition that was exacerbated by a workplace accident, the insurer will claim that you weren’t hurt in the course of your normal job duties. As it relates to workers’ comp, a pre-existing condition is subject to a legal standard by law in Minnesota. You’re still eligible under the legal system if the work-related accident was a “substantial contributing factor” to your current medical condition.  This means you can still qualify to recover monetary benefits, such as: Your medical bills, covering your current treatment and costs you incur in the future for care; Wage replacement for lost income while you’re out of work; and, Vocational training, if your medical condition – including a pre-existing injury – makes it impossible for you to work in your current position. Your Workers’ Comp Claim and the IME When an insurance company is processing your claim, it may request that you participate in an independent medical exam (IME).  However, even though you’re seeing a doctor, the purpose is not the treatment of your injuries. Plus, the exam is typically anything BUT independent.  The physicians who conduct these exams are paid by the insurer, so their goal is to please the entity that’s paying them.  he IME is an opportunity for the insurance company to discover enough information about your pre-existing condition to justify a denial. Still, an IME is common for other reasons and it’s critical for you to keep the appointment. Failure to participate alone could be grounds for the insurer to reject your claim.  The point of the IME is to determine the nature of a pre-existing injury, and report on whether it’s an aggravation or not related to work. What to Do If You’re Denied Workers’ Comp Benefits for a Pre-Existing Injury As part of their denial of your claim, your employer’s workers’ compensation or work accident insurer will issue a Notice of Primary Liability stating your pre-existing condition as the reason.  At this point, your situation becomes highly complicated because you’ll need to ask the State of Minnesota Department of Labor and Industry to reconsider liability.  Instead of trying to represent yourself in connection with the proceedings, your first order of business should be consulting with a Minnesota workers’ compensation lawyer that has experience in pre-existing conditions.  Your attorney will: Assist in gathering medical records that include details on any pre-existing condition; File the appropriate forms for officials to reconsider your claim; Represent you in connection with any hearings regarding your rights under workers’ compensation laws; and, Take the next steps as necessary to protect your interests. Contact a Minnesota Workers’ Compensation Lawyer to Discuss Your Claim If you’ve been denied workers’ comp benefits or are required to participate in an IME, please contact the St. Paul, MN Workers’ Compensation Law Offices of Arechigo & Stokka, P.A.  You can call 651-222-6603 or check us out online to set up a no-cost case evaluation.  We’re happy to answer your questions about workers’ comp and pre-existing conditions and provide assistance with the claims process.

Read More

What to Know if You Were Hurt as a United Parcel Service (UPS) Employee in Minnesota

    | Read Time: 2 minutes

UPS employees have busy jobs, which often lead to work accidents. Fortunately, UPS workers’ compensation is available for UPS employees injured while on the job. It is important to become familiar with UPS workers’ comp and what it can mean for you. What Is Workers’ Compensation? Workers’ compensation is a type of insurance for employees, including those working for UPS. If you suffer an injury while acting in the scope of employment, you can file a UPS workers’ comp claim. Workers’ compensation helps cover expenses and financial losses from your workplace injury. If you’ve been injured while working for UPS, do not hesitate to contact a workers’ compensation attorney to help ensure you get the benefits you deserve. Types of UPS Workers’ Compensation Benefits Available After a work accident, you can file a workers’ comp claim to receive benefits. The benefits available in Minnesota for workers’ compensation include: Medical expenses, Lost wages, Disability benefits, and Rehabilitation benefits. If you are unsure of what benefits you are entitled to, contact a workers’ compensation attorney. Common UPS Work Injuries Working for UPS can be very hectic and stressful. Therefore, accidents while on the job are common. Some of the most common injuries for UPS employees include: Head and neck injuries, Knee and hip injuries, Back and spinal cord injuries, Shoulder injuries, Fractures or broken bones, and Lacerations. Depending on the type of accident, workplace injuries can range in severity. If you’ve been injured on the job, be sure to file a UPS workman’s comp claim.  What to Do Following a UPS Workplace Injury The steps you take after a work accident are crucial. Following these steps can help you get the benefits you deserve from UPS workers’ comp. Get Medical Care After a work accident, put your health first. If the resulting injuries are severe, call 911 right away. Otherwise, be sure to visit your primary care physician. Notify the doctor that the reason for your visit is UPS workers’ comp. The doctor will complete a Report of Work Ability form detailing your physical injuries and limitations. Your employer and insurer should receive copies of these forms. Report Your Accident Reporting your accident to your immediate supervisor or manager is part of the UPS injury policy. Employers must file a First Report of Injury (FROI) form. Failing to report your accident may prevent you from receiving UPS workers’ compensation benefits.  Talk to a Workers’ Compensation Attorney UPS workers’ compensation settlements can differ depending on your circumstances. However, in some cases, you may not be receiving the workers’ comp benefits you deserve, or you may be denied altogether. Discuss your situation with a workers’ compensation attorney. They will get you on the right path to the benefits you need. Contact a Minnesota Workers’ Compensation Attorney Today The Criminal Defense Attorney and Workers’ Compensation Law Offices of Arechigo & Stokka has been serving injured clients since 2007. Our firm prides itself on offering the highest quality legal representation while providing clients with the patience and understanding they seek. We are committed to fighting for our clients’ rights. We offer free consultations. Contact us today to get started. 

Read More

What to Do If You Have a Lowe’s Work Accident-Related Injury

    | Read Time: 3 minutes

Workers’ compensation is financial compensation for lost wages and medical expenses employers are required to provide to employees that suffer an injury at work. Minnesota law requires Lowe’s to provide workers’ compensation benefits to workers injured during the course of their job either through an insurance policy or from its own financial resources. If you suffered an injury while working at Lowe’s in Minnesota, you should contact a workers’ compensation lawyer today. Am I Entitled to Workers’ Compensation from Lowe’s in MN? You are entitled to workers’ compensation from Lowe’s if you were an employee at the time you suffered a work-related injury. Minnesota law requires employers to provide workers’ compensation benefits to their employees either through an insurance carrier or by obtaining permission for self-insurance from the State of Minnesota. Workers’ compensation benefits you’re entitled to include lost wages, medical expenses, rehabilitation expenses, and ongoing disability benefits. A workers’ comp lawyer can help you determine which benefits apply to your case. Types of Accidents at Lowe’s That Can Qualify for Workers’ Compensation Common accidents Lowe’s employees might suffer that can qualify for workers’ comp benefits include: Slipping and falling on the floor; Joint damage from repetitive movement; Back and neck injuries from lifting heavy objects, including loading and unloading trucks; Falling from a ladder when stocking inventory; and Being involved in a truck accident when making deliveries. If you’ve been injured while working at Lowe’s, talk to a workers’ comp lawyer today to find out whether your injury qualifies for benefits. How to File a Workers’ Compensation Claim Against Lowe’s In Minnesota, you must notify your supervisor of your injury within 14 days of the accident.  Next, Lowe’s should complete and file a First Report of Injury (FROI) form with its insurance company within 10 days of the date you notified them of your injury. Its insurance company should then file it with the Minnesota Department of Labor & Industry within 14 days of the date Lowe’s became aware of your accident. The purpose of this form is to start the claim process and provide information about the accident and your injury. What Should I Do After a Workplace Accident at Lowe’s? After suffering a workplace accident at Lowe’s, you should seek immediate medical care. You should report the accident and your injuries to your supervisor as soon as possible. Additionally, you should check your employee handbook for Lowe’s specific medical providers. Failing to use an in-network provider might disqualify you from receiving workers’ compensation benefits. Next, you should contact a workers’ compensation lawyer. A lawyer can help you determine whether you are eligible for workers’ compensation and ensure you meet all deadlines. A lawyer can maintain all documentation and fight Lowe’s or its insurance company if they deny you benefits when you have a legitimate claim. The attorneys at Arechigo & Stokka, P.A., have over 10 years of experience representing injured workers. They will handle every aspect of your case with your best interests in mind. Contact us today to schedule your free consultation. Recent Case Settlement THE CASE: Successful in obtaining lifetime medical benefits for a herniated disc in the neck. The insurance company denied the neck injury was work-related and said it was a minor sprain. Their hired doctor backed them up, and the client was denied all benefits. After they offered a small sum of money to settle the case, we decided to take the case to trial. The judge determined that the herniation was work-related. The judge ordered that the insurance company pay for all outstanding medical bills, wage loss, and any medical bills that are reasonably necessary, and causally related to the herniation for the rest of his life. CASE RESULT: Our client injured herself several years ago while lifting heavy boxes. She reported the injury to her employer. The employer promised to pay her medical bills personally if she did not report it to the insurance company. Several months later, the employer decided that he did not want to pay her bills anymore. Our client, who was still in pain, kept treating and her medical bills mounted. She eventually was forced to inform the workers’ compensation insurance company of the injury. The insurance company promptly denied the claim because she did not report the injury in a timely manner. After filing our claim and presenting evidence that our client had given timely notice, and their insured had lied to them, the case was settled for a significant sum.

Read More

Do Employers Drug Test for Workers’ Comp?

    | Read Time: 3 minutes

Workman’s Comp Drug Testing Policy Injuries in the workplace happen all the time. When they do, employees normally receive workers’ compensation to cover the cost of their injuries and treatment.  In Minnesota, employers can require that employees injured on the job take a drug test. However, Minnesota designed its workers’ compensation laws to protect injured workers. Even if you fail a drug test, you may still be eligible for workers’ compensation for your on-the-job injuries. If you have failed a drug test following a workplace injury, you should contact or call (651) 222-6603 to speak with an experienced Minnesota workers’ compensation lawyer right away. At Arechigo & Stokka, our experienced team will fight for you and make sure you get all the workers’ compensation benefits to which you are entitled. Drug Testing Laws for Workers’ Comp in Minnesota Under Minnesota law, employers have the right to require drug testing for employees who suffer an on-the-job injury. However, the statute also requires that the employer have a written drug testing policy. The employer can request a drug test only in accordance with that written policy. If the employee tests positive, he or she also has the right to explain the positive test and the right to request a re-test within a specified time. Do I Have to Take a Drug Test to Receive Workers’ Comp? Minnesota’s workmans’ comp state law does not require that employees take a drug test before receiving workers’ compensation.  However, the employer still has the right to require a drug test before paying any workers’ comp benefits. If your employer requires a workers’ comp drug test, you may need to take it before you receive your benefits.  Failing a Drug Test Does Not Mean You Can’t Get Workers’ Comp Even if you fail a workers’ comp drug test, you may still be eligible for benefits. Under Minnesota’s law, if the drugs or alcohol are the proximate cause of the workplace injury, the employer may refuse to pay workers’ compensation benefits. But the burden of proving causation is on the employer.  The employer must provide evidence that: The employee was intoxicated, and The intoxication caused the injury or injuries. Proving causation can be difficult, especially if other dangers existed that contributed to the injuries. For example, a worker slips and falls while carrying a heavy object and breaks his arm. He tests positive for THC, the active ingredient in marijuana. However, evidence shows that another worker carelessly spilled a liquid on the ground and did not clean up the spill or put out a sign warning of a slippery floor. The judge may find that the other worker’s carelessness, and not the drugs, were the proximate cause of the injury.  Bottom line: even if you test positive for drugs or alcohol, you may still be eligible for workers’ compensation benefits.  When Should I Contact an Attorney?  If you tested positive for drugs or alcohol following a workplace injury, you should contact a qualified Minnesota workers’ compensation attorney right away. An attorney can increase your chances of recovering your workers’ compensation benefits. Workers’ comp cases can be complicated and time-consuming. An attorney understands how to defend your interests and ensure you receive the compensation you deserve. Your workers’ compensation lawyer understands which facts and circumstances are important for proving your case.  They can help you by: Gathering witness statements and police reports; Performing investigations of the workplace and the scene of the accident; Gathering medical records such as hospital reports and drug tests; Negotiating with your employer on your behalf; and  Representing you if your case proceeds to trial. Your lawyer will work with you to build a strong case and fight for the best possible outcome.  Contact a Qualified Workers’ Compensation Attorney Today If you suffered a workplace injury, contact the law offices of Arechigo & Stokka today. Our knowledgeable attorneys have extensive experience defending our clients in Minnesota workers’ compensation cases. We provide hands-on legal services, and our dedicated staff will answer your questions and provide you support every step of the way. We care about our clients and place their interests first. To schedule a free consultation, contact our office at 651-419-5366 or fill out an online form today. 

Read More

How Reasonable Suspicion and Probable Cause Are Defined in St. Paul

    | Read Time: 2 minutes

“Reasonable suspicion” and “probable cause” are two critical concepts in US criminal procedure. These two concepts determine whether the police have the authority to search you, arrest you, or detain you. If the police get it wrong, your attorney could get evidence suppressed, win you an acquittal, or secure a favorable plea bargain.   In St. Paul, both federal law and Minnesota law apply. Both reasonable suspicion and probable cause arise from the right to be free from unreasonable search and seizure under the Fourth Amendment to the United States Constitution. The Minnesota Constitution is subordinate to the federal constitution, and it cannot take away any federal constitutional rights. It can, however, grant additional rights to Minnesota criminal defendants.   Reasonable Suspicion vs. Probable Cause Reasonable suspicion is the legal standard that a police officer must meet to “stop and frisk” you for a weapon or to pull you over for DWI. An officer cannot base reasonable suspicion on their subjective feelings, but must rely on objective facts. Weaving or turning without using your turn signal, for example, might be enough to constitute reasonable suspicion and justify pulling you over for DWI. Probable cause means evidence that is not necessarily proof, but something more than just reasonable suspicion. The police need probable cause to arrest you, to obtain a search warrant, or to search your home. For probable cause to exist, the evidence against you must be strong enough to convince a “reasonable person” that you have committed, are committing, or are about to commit a crime, or that evidence of a crime can be found at the location to be searched. Failing a field sobriety test (walking in a straight line, for example) might provide probable cause to arrest you for DWI.   Probable Cause vs. Reasonable Suspicion: Remedies for the Violation of Your Rights When the police ignore probable cause and reasonable suspicion restrictions on their behavior, the legal consequences are significant. Your attorney can demand that the court suppress any evidence that was uncovered through the violation of your rights. If the prosecution lacks enough remaining evidence to convict you, your case will be dismissed and you will walk free. Under certain circumstances, such as a racially motivated arrest that lacked probable cause, you can even file a federal civil lawsuit seeking money damages or an injunction (a court order demanding that the government act or refrain from acting as specified in the order). Now Is Not the Time to Hesitate It is never a good idea to represent yourself in a criminal proceeding. But it’s not much better to retain an attorney who lacks experience in criminal defense. Instead, you should retain an experienced St. Paul criminal defense attorney as early in the process as possible. Never forget: missing a critical deadline could irreparably damage your defense.  At Arechigo & Stokka, we know how to fight back against aggressive St. Paul prosecutors. We will do what is necessary to protect our clients. The sooner we begin preparing your defense, the better your chances will be. Feel free to contact us online or call us at 651-222-6603 for a free initial consultation.

Read More

Schedule 6 Controlled Substances in St. Paul: What Are the Penalties?

    | Read Time: 2 minutes

The Minnesota drug scheduling system includes only five schedules—there is no Schedule 6. The federal government, however, recently added Schedule 6 to its list of schedules. At present, the only listed federal Schedule VI drugs are marijuana and THC (the active ingredient in marijuana). Although penalties for possession and distribution of Schedule VI drugs can be stiff, one very significant loophole exists, as described below. What Exactly Is a Drug Schedule? Both the federal government and the Minnesota government classify illegal drugs according to drug schedules—lists of illegal drugs classified by number. Heroin, for example, is listed as a Schedule I drug under both the federal system and the Minnesota system. The higher the number of the schedule, the less harmful the listed drug is thought to be, and the more lenient the penalties are. Federal Penalties for Possession and Distribution of Marijuana The federal penalties for violation of marijuana laws vary, depending on whether you are charged with possession or distribution under Schedule 6. Possession of Marijuana The federal penalties for marijuana possession are: First offense: Up to a year in jail and a fine of $1,000. Second offense: 15 days to two years in prison and a fine of up to $2,500. Subsequent offenses: 90 days to three years in prison and a fine of up to $5,000. These penalties also apply to the possession of marijuana derivatives such as THC, although the actionable amounts differ. Distribution or Intent to Distribute Federal penalties for the distribution of marijuana are: Distribution of a “small amount” free of charge: Treated as mere possession. Less than 50 plants or 50 kg: Up to five years in prison and a fine of up to $250,000. 50-99 plants: Up to 20 years in prison and a fine of up to $5 million. 100-999 plants or 100-999 kg: Five to 40 years in prison and a fine of up to $5 million. More than 999 plants or more than 999 kg: 10 years to life in prison and a fine of up to $10 million. Federal law does not precisely define how much marijuana constitutes a “small amount.” A Giant Loophole: The Federal Enforcement Paradox Even though marijuana use remains illegal at the federal level, many states have legalized it for medical and even recreational use. Although federal law prevails over contrary state law, in practice the federal government has left the enforcement of marijuana offenses largely to states and state law, except under narrow circumstances (bringing marijuana onto a commercial jetliner, for example). But keep in mind, this is just a matter of policy—it’s still possible for people to be prosecuted under federal law even if they comply with state laws. However, it’s unlikely you’ll be the target of a federal prosecution unless you’re involved in broader criminal activity.  Minnesota Marijuana Penalties Possession of an (unspecified) small amount of marijuana, or distribution of a small amount free of charge, is a petty misdemeanor. The only penalty is mandatory participation in a drug education program. Subsequent offenses result in a mandatory chemical dependency evaluation and treatment.  Time Is of the Essence If you have been arrested on a controlled substance charge, get in touch with Arechigo & Stokka immediately. We understand the St. Paul criminal justice system from the inside out, and we enjoy working relationships with all the major players. We offer aggressive, committed and intelligent representation. Contact us online or call us at 651-222-6603 for a free initial consultation on your case.

Read More

Will I Be Covered by Workers’ Compensation If I Contract COVID-19?

    | Read Time: 2 minutes

With the COVID-19 pandemic impacting millions across America, many workers worry about their employment. You may have questions in this uncertain time, such as, will I be covered by workers’ compensation in MN if I contract COVID? Workers’ compensation normally doesn’t cover community-acquired illnesses like colds and flu. However, there are some exceptions for COVID. Here, we explain workers’ compensation MN laws related to COVID.  If you have questions about these laws or want to discuss your situation, contact our experienced workers’ comp MN attorneys at the Criminal Defense Attorney & Workers’ Compensation Law Offices of Arechigo & Stokka. COVID Workers’ Compensation for Frontline Workers Last year, Governor Tim Walz signed H.F. 4537, which expanded Minnesota’s workers’ compensation to include COVID frontline workers. The law protects workers with a presumption that a COVID infection occurred at the workplace, though employers have the opportunity to rebut the presumption. Frontline workers covered by this presumption include: Law enforcement officers; Firefighters; Paramedics and EMTs; Healthcare workers and correction officers working in correctional facilities; and  Healthcare workers and assistants in healthcare, home care, or long-term care facilities with COVID-infected populations.  People providing childcare to these frontline workers can also qualify for the presumption. If you are not entitled to the presumption, you may still be able to claim workers’ compensation for COVID. Doing so will require you to present some evidence that your COVID infection came from your workplace.  How to Claim Workers’ Compensation for COVID To claim workmans’ compensation in MN for COVID, you should take these steps: Notify your employer that you suspect COVID and stay home from work; Get laboratory testing to verify your COVID infection; Quarantine according to health authority guidance; Save medical records and bills related to your COVID diagnosis and treatment; File a workers’ compensation claim related to your illness; and Speak to an attorney if your employer rejects your workers’ compensation claim or threatens to retaliate if you file a claim. Workmans’ comp insurance in MN should pay your medical bills and a reduced wage while you miss work due to COVID. To receive workmans’ comp benefits, you will need to present evidence of your injury and of your inability to work.  Contact a Workers’ Compensation Attorney About Your COVID Claim If you think you acquired COVID at work, you may be entitled to workers’ compensation. This new area of workers’ compensation claims can be confusing, and insurers may try to reject your claim. An experienced attorney can help you pursue the compensation you need. To speak to an attorney about your workers’ compensation claim, contact the Criminal Defense Attorney & Workers’ Compensation Law Offices of Arechigo & Stokka. We have decades of experience helping hundreds of clients, but we personalize a legal solution for each client. We offer a free consultation and work on contingency. This means you owe us nothing until we win you money. Contact us today to get started on your COVID workers’ compensation claim.

Read More

Amazon Workers’ Compensation Overview

    | Read Time: 2 minutes

If you work for Amazon in Minnesota and are injured at work, you need to know your rights. Do you need to file a workers’ compensation claim through Amazon? Who pays for your medical bills? Can you sue Amazon in court?The experienced workers’ compensation lawyers at the Minnesota Workers’ Compensation Law Offices of Arechigo and Stokka will walk you through each step. We also will ensure you get full benefits to compensate you for your Amazon workers’ compensation claim. Why Workers’ Compensation for Amazon Injuries? Like most states, Minnesota has a workers’ compensation law that covers work-related accidents and injuries. This law also makes workers’ compensation the exclusive remedy for workers to recover money when hurt on the job.  Workers’ compensation involves a trade off. Injured workers do not need to prove that their employer caused or was at fault for their work-related injury. In addition, injured employees receive specified benefits based on the type and severity of their injury. Consequently, the workers’ compensation system provides employees with a relatively fast and defined method to recover their medical bills and lost wages.  In exchange, workers are not permitted to sue their employer in court for employment-related injuries. Also, employees are unable to recover certain types of monetary damages, such as pain and suffering awards. Generally, the only way that you can recover money from Amazon for an on-the-job injury is through workers’ compensation. However, Minnesota’s workers’ compensation statute provides limited exceptions that might allow you to sue your employer or a third party. When you consult with us regarding your Amazon workers’ compensation claim, we can advise you on the best way to proceed. What Should an Amazon Employee Do First When Injured on the Job? If you are injured while working for Amazon, your first step is to notify your supervisor and seek medical attention. Whether you work in Amazon’s technology office, fulfillment center, or sortation facility, you need to report all injuries, no matter how minor, to management. Amazon then must complete the First Report of Injury form. Amazon should give you a copy of that completed form as well as the Minnesota Workers’ Compensation System Employee Information Sheet.  What Amazon Workers’ Compensation Benefits Will I Receive? If your illness or injury occurred while working for Amazon, you generally will be able to recover:  Medical expenses—reasonable and necessary medical treatments and supplies; Rehabilitation benefits—vocational rehabilitation services and/or retraining to help you return to work; and Lost wages—temporary or permanent disability benefits to cover a portion of the pay lost due to your work-related injury. If an employee dies while working at Amazon, Minnesota’s workers’ compensation statute will provide a death benefit to the surviving spouse or other dependents. Do I Need A Workers’ Compensation Lawyer? It is important to consult with an experienced workers’ compensation lawyer early in the process to protect your rights. Amazon workers’ compensation claims can be stressful, and you may fear retaliation for filing a workers’ compensation claim. We can help take the fear and frustration out of the process while ensuring you get your rightful workers’ compensation benefits. Contact or call (651) 222-6603 to reach one of the Minnesota workers’ compensation attorneys at Arechigo & Stokka for a free consultation as soon as you are injured at Amazon. We have represented hundreds of injured workers in Minnesota, and you won’t pay a fee unless we recover workers’ compensation benefits for you.

Read More

Starbucks Workers’ Compensation Overview

    | Read Time: 3 minutes

If you work for Starbucks, you may enjoy great coffee and friendly co-workers. But what if you get hurt at work? Can you get money for your injuries through Starbucks’ workers’ compensation insurance? Below, our experienced Minnesota workers’ comp lawyers will go over what happens if you are injured while working at Starbucks. If you have questions about your worker’s comp claim, contact our St. Paul workers’ compensation attorney today. How Workers’ Compensation Works in Minnesota In Minnesota, all employers must provide workers’ compensation benefits to their employees for work-related illnesses and injuries. In most cases, employers purchase workers’ compensation insurance to cover such benefits. Some employers may self-insure workers’ compensation benefits. This means that the company pays for work-related injuries out of its own funds rather than using an insurance carrier (which requires approval from the Minnesota Department of Commerce).  If you are injured while working for Starbucks, workers’ compensation will likely pay for your medical bills, lost wages, and rehabilitation and retraining services. Workers’ comp will not, however, pay for monetary damages often associated with a personal injury claim, like pain and suffering, emotional distress, and punitive damages. Starbucks Workers’ Compensation Claims As a Starbucks employee, you may experience a work-related illness or injury when you least expect it. For example, you may: Burn yourself with hot Starbucks coffee; Cut your hand while opening coffee bean bags; Break your ankle from slipping on a wet floor; Hurt your back while moving tables and chairs; or Contract a respiratory illness from a workplace toxin. Whether your injury is minor or catastrophic, you need to report it to your supervisor immediately to begin a Starbucks workers’ comp claim.  If your injury or illness causes you to miss three or more days of work, Starbucks must report your workers’ compensation claim to its insurer. The Starbucks workers’ compensation insurance carrier will either accept your claim and begin paying benefits or deny your claim.  Denial of Your Starbucks Workers’ Comp Claim Workers’ compensation insurers may deny claims for a variety of reasons, some that are warranted and some that are not. For example, it is legal for a workers’ compensation carrier to deny coverage when: You didn’t report your injury or illness within 14 days; Your medical condition is not work-related; or You decline treatment or refuse to be examined by an independent medical examiner. However, many denials are based on questionable or unlawful grounds. For example, if Starbucks states that you were not an employee at the time of your injury or terminates you before you filed your Starbucks workers’ compensation claim, they may have improperly denied your claim.  Questions About Minnesota Workers’ Compensation Process If you are going through the Starbucks workers’ compensation process for the first time, you may have many questions. For example, may Starbucks or its workers’ compensation insurer require you to see their doctor rather than your own? What if they send a nurse case manager to attend your doctor visits? How much of your medical history may the insurance carrier request? Can Starbucks fire you for missing work while you recover from your work-related injury? Our experienced Minnesota workers’ compensation lawyers at the Criminal Defense Attorney & Workers’ Compensation Law Offices of Arechigo & Stokka will answer these and many other questions for you.  Contact Us for a Free Workers’ Compensation Consultation Don’t go through a Starbucks workers’ compensation claim alone. Contact us immediately to make sure you get all the workers’ compensation benefits to which you are entitled. Joshua Stokka devotes his entire law practice to representing injured workers in Minnesota. He’ll give you personal attention and the workers’ compensation answers you need.

Read More

Minnesota Hit and Run Law

    | Read Time: 2 minutes

You’re involved in an accident. Maybe you hit another car, a bicyclist, or a pedestrian. You panic and flee the scene. What are the consequences? Will you be arrested? Fined? Put in jail? Minnesota’s hit-and-run law spells out the potential consequences for leaving the scene of an accident.  Driver Obligations Under Minnesota’s Collision (Hit-and-Run) Law Minnesota’s traffic statutes set forth what drivers of a motor vehicle must do when involved in a collision. First, drivers in Minnesota must immediately stop their vehicle at the scene of the collision and investigate what they hit. Drivers should try not to obstruct other traffic following an accident. If it is necessary to stop a short distance from the collision, that is acceptable. Second, if the driver believes they may have injured someone or caused damage, the driver must stay at the scene of the accident. The driver may leave the scene only after they have shared their information with all individuals involved in the collision.The driver must provide his or her: Name, Date of birth, and Mailing address or e-mail address. The driver also must provide the license plate number of the vehicle being driven. If asked by a police officer, the driver must show their driver license. In addition, if requested, the driver must provide the name and address of the insurance company and agent that provides liability insurance for the vehicle. If the driver does not provide insurance information at the accident scene, the driver must provide it within 72 hours after the accident. Finally, when a collision causes injuries or death to another person, the driver must notify the police and file an accident report. Minnesota Hit-and-Run Law Involving Property Damage or Unattended Vehicles Drivers who are involved in an accident with an unattended vehicle or one that causes property damage are similarly required to stop their vehicles. They too must reasonably investigate any damage they caused. In these circumstances, the driver must try to locate and notify the owner of the unattended vehicle or damaged property. The driver then must provide his or her name and address to the owner and report the collision to law enforcement. If the owner cannot be found, the driver must leave a note on the car providing this information. Minnesota Hit-and-Run Penalties If you leave the scene of a vehicle accident, you could face significant criminal charges. The extent of the penalties for a hit and run in Minnesota depend largely on the severity of the injuries and property damage caused. For a misdemeanor hit and run, you may face a fine of up to $1,000 and up to 90 days in prison. For cases involving severe injuries or death, you could face fines of up to $5,000 and up to three years in jail. In many hit-and-run cases, the state may revoke your driver’s license.  Contact Our Criminal Defense Lawyers in Minnesota If you have been involved in a Minnesota hit-and-run accident, you need an experienced criminal defense lawyer to obtain the best possible outcome of your case. Contact us today for a free hit-and-run consultation. We are committed to providing each client with personal attention while understanding that every hit-and-run case can be unique. We will listen to the facts of your case and pursue options designed to meet the needs of you and your family. 

Read More