At the Criminal Defense Attorney & Workers’ Compensation Law Offices of Arechigo & Stokka, we know a workplace injury disrupts your life. It is not just the pain; it is the bills, the uncertainty, and the struggle to get back to normal. But a Brooklyn Park workers’ compensation lawyer from our firm can make your burden lighter after you suffer a work-related injury. We can help ensure you get the best medical care and the compensation you deserve.
What Is Workers’ Compensation?
Workers’ compensation is an exclusive remedy injured workers can use to receive treatment for their injuries and compensation for wage and earning capacity losses.
Because of workers’ compensation, injured workers cannot sue their employers for workplace injuries based on negligence unless the employer was grossly negligent or extremely reckless. Instead, the state provides for workers’ compensation claims. This is beneficial because:
- You don’t have to go to court and prove negligence to get compensated for losses;
- You can get compensated for repetitive stress injuries or work-related illnesses—which are not typically compensable through a negligence-based claim; and
- You can get compensation even if you were at fault for the incident.
However, workers’ comp offers less compensable damages. For instance, you cannot get compensated for pain and suffering through workers’ comp.
Eligibility
If you are an employee, workers’ compensation coverage applies to injuries sustained during the course of your employment. These injuries may include:
- Sudden injuries, such as slip and falls, cuts, and burns;
- Repetitive stress injuries, like back problems or carpal tunnel syndrome that develop over time; and
- Occupational diseases, which include illnesses caused by workplace exposure to hazardous materials (like toxic chemical exposure).
We can help you get the care you need and ensure that your employer’s workers’ comp insurance covers your losses and healthcare needs.
Who Is an Employee for Workers’ Comp Purposes?
The definition of an employee for the purposes of obtaining workers’ compensation includes the following individuals:
- Minors,
- Individuals in law enforcement,
- Immigrant workers,
- County assessors,
- First responders,
- Certain corporate executive officers,
- Certain faculty of the University of Minnesota who are in their downtime,
- Elected or appointed officials of the state or local government,
- Certain volunteers,
- Military workers,
- Personal care assistants, and
- Medical school students.
If an employer tries to deny your workers’ compensation benefits by claiming you were not an employee when you got hurt, talk to a Brooklyn Park workers’ compensation lawyer from our firm. We are passionate about championing the rights of injured workers.
Benefits
Workers’ compensation provides several types of benefits to address medical and financial harm.
Medical Benefits
These benefits cover reasonable and necessary medical costs related to your injury, including the following:
- Doctor visits,
- Hospital visits or stays,
- Surgeries,
- Chiropractic care,
- Prescription medications,
- Nursing care,
- Christian Science treatment,
- Mental health care,
- Physical therapy,
- Prosthetics,
- Medical equipment, and
- Mileage reimbursement for travel to healthcare appointments.
You might have to submit to a medical examination by a doctor your employer chooses to get benefits. However, your employer generally cannot force you to attend a medical appointment that is more than 150 miles from your home.
Wage Loss Benefits
If your injury prevents you from working, you are entitled to wage loss benefits. These benefits are calculated based on your average weekly wage (AWW) and the extent of your disability and might include the following:
- Temporary Total Disability benefits—cover approximately 66.67% of your AWW if you are completely unable to work;
- Temporary Partial Disability benefits—cover approximately 66.67% of the difference between your AWW and what you are able to earn while injured;
- Permanent Partial Disability benefits—up to $567,840 (depending on your injury level) if you have a permanent impairment but are still able to work; and
- Permanent Total Disability (PTD) benefits—partial wage replacement until you reach 72 if you are unable to work again.
The level of your benefits depends on your injury level, your AWW, the fairness of your workers’ comp doctor, and whether your AWW is calculated properly. A workers’ compensation attorney from our legal team can put you in the best position to obtain the maximum amount of benefits.
Vocational Rehabilitation
If your injury causes an impairment that keeps you from returning to your job, Minnesota law may require your employer to provide you with vocational rehabilitation services.
The services should help you find work in another job or field that brings you the same economic status that you had before your injury. And if you lost a spouse to a work injury, you may have the right to vocational rehabilitation to help you become self-supporting.
Claiming Benefits
You must promptly report your injury to your employer and seek medical treatment to secure your claim to benefits. Proper notice to your employer means reporting your injury in writing within 14 days of getting hurt. You must also seek immediate medical treatment and keep up with your doctor’s recommendations.
If your employer denies your right to workers’ compensation benefits, you can make an administrative claim and seek benefits at a hearing. In general, you have three years to make your claim. Asserting your rights in a claim while recovering from a work injury can be a lot to juggle, but our experienced team can take the legal burden off your plate.
Do I Need a Lawyer for Workers’ Compensation?
You are not required to hire an attorney for your workers’ compensation case, but hiring a lawyer can make the difference between a denial and getting fully compensated. Workers’ compensation insurance companies have many effective tricks for minimizing payouts for injured workers. It takes a professional to counter those tactics. A skilled workers’ compensation attorney from our firm can do the following:
- Prevent the insurance company from minimizing your benefits,
- Protect your rights and navigate the complex legal system,
- Timely file any administrative claims,
- Gather critical supporting evidence,
- Negotiate with insurance companies on your behalf, and
- Represent you in court if necessary.
We understand the nuances of Minnesota law and work-related injuries. Let us ensure that every aspect of your case is handled correctly.
Questions to Ask Your Workers’ Compensation Lawyer
You should shop around when you are looking for a workers’ compensation attorney. And there are many questions you can ask to see if an attorney is right for you. Questions to ask your workers’ compensation lawyer may include:
- What is your experience with cases like mine?
- What are my chances of success?
- How will you keep me informed about developments in my case?
- What are your fees, and how are they structured?
At Arechigo & Stokka, we’re committed to providing clear, honest answers. We can fight for your rights and help you get the compensation and care you need to rebuild your life.
Contact Us Today
If you are looking for a top Brooklyn Park workers compensation lawyer, you can find one at the Criminal Defense Attorney & Workers’ Compensation Law Offices of Arechigo & Stokka.
We have decades of experience and have handled hundreds of cases. We can make the hard work of claiming benefits easy for you.
Call us at (651) 222-6603 or fill out our secure online contact form today to schedule a free consultation.
Resource List
- 2024 Minnesota Statutes, §176.66, link.
- Common Minnesota workers’ compensation benefit adjustments, link.
- 2024 Minnesota Statutes, §176.155, link.
- 2024 Minnesota Statutes, §176.102, link.
- 2024 Minnesota Statutes, §176.141, link.
- 2024 Minnesota Statutes, §176.271, link.
- 2024 Minnesota Statutes, §176.151, link.