Are Work Comp Settlements A Good Idea?

Written By: Tom Atkinson | Published On: 23rd January 2012

I have been involved in thousands of workers compensation settlements over the past two decades.  Having represented employers and insurers in the past and now that I represent exclusively injured workers I can tell you that both sides enter a settlement for many of the same reasons.  The first reason is that on any given day the best case can be won at hearing and just the opposite is true on some occasions.  The facts demonstrate that the vast majority of litigated files in Minnesota settle before actually going to hearing.  The main reason is as noted above, anything can happen and with a settlement both sides get something they desire; resolution of the claim with a predicted and assured outcome.  This is something that doesn’t happen at a hearing.  There is a winner and a loser and explaining to an injured worker who walked away from a $100,000 settlement offer that as the result of the hearing they get nothing is difficult.

Most settlements are obtained through the following methods: normal settlement discussions among the parties; through a mandatory settlement conference at the Minnesota Office of Administrative Hearings; or mediation with the assistance of a privately hired mediator, MN Department of Labor and Industry mediator or on the rare occasion with and Administrative Law Judge at OAH (Office of Administrative Hearings).

If the parties are unsuccessful the case usually proceeds directly to a hearing within 60-90 days.  If a workers’ compensation settlement is reached then settlement papers are drafted, the parties (including you the employee and your attorney) sign the settlement papers and then the agreement is forwarded to an OAH Administratie Law Judge for review and issuance of an Award on Stipulation.  Payment under the settlement must be MAILED 14 calendar days following the settlement.

If you are not represented by an attorney it is very likely that signing an agreement on your own is an enormous mistake.  I don’t say this because I or any other attorney wants to take your money.  You are giving up rights that you don’t fully understand.  More importantly I have ALWAYS been able to obtain more money for my clients than they were offered before being retained.

I encourage you to contact Atkinson Law Office and Minnesota Disability today to discuss how we can assist you.  tom@mindisability.com or call 651-414-0678.

Posted in Uncategorized | No Comments »



Best Minnesota Workers Compensation Attorneys

Written By: Tom Atkinson | Published On: 3rd November 2011

How do you choose the BEST or TOP Minnesota work comp attorney?  As a former defense attorney who formerly represented employers and insurers, every lawyer I encountered had a “reputation” with other lawyers and I would venture to guess with workers compensation judges.  Some lawyers had the reputation of settling cases quick but cheap; others signed up clients and did next to nothing for months or years; but there were a few bright stars who I knew would keep me on my toes and get top dollar for their clients.  Since opening up my own practice, Minnesota Disability and Atkinson Law Office PA we have earned the reputation for being aggressive and tough lawyers.  We use the tricks we learned representing employers and insurers AGAINST them now that we represent only injured workers.  Why the did we change?  Having been injured at work opened my eyes to the victimization injured Minnesota workers face day in and day out.  I can relate as a former defense lawyer, injured worker and as an aggressive attorney who limits our firms practice to representing only injured and disabled workers.

In looking for a lawyer look to see if they have been reprimanded or suspended in the past.  Does the lawyer limit their practice to work comp and disability claims or do they handle every conceivable type of injury claim such as dog bites, car accidents, slip and falls, medical malpractice, etc.  It is difficult for most attorneys to master a single area of law as well as we have at Minnesota Disability, let alone dozens of areas of the law.  Our attorneys and staff are recognized by our peers with numerous awards including that of Superlawyer and Rising Stars by Minnesota Lawyer.  Attorney Tom Atkinson has lectured on workers compensation matters to other attorneys and judges and is willing to provide you with this same information in a free no obligation consultation.  Remember there is never a fee unless we recover benefits for you and even then, the fee is paid directly by the insurance company.  Contact our office at 651-332-8717 or 1-800-933-5619.  Our office represents clients throughout the entire state of Minnesota.

Posted in Uncategorized | No Comments »



Is There Help for Unemployed Workers With New or Old Work Comp Injuries?

Written By: Tom Atkinson | Published On: 17th August 2010

 

In the first two months of this year, Minnesota lost 24,000 jobs across a multitude of areas including professional, manufacturing and government. It is important to remember that a lay off does NOT relieve an employer’s obligation to continue providing ongoing workers compensation benefits to an injured worker. What many Minnesotans don’t realize is that aside from unemployment benefits, they may be entitled to substantial workers compensation benefits for ongoing workers compensation injuries. These benefits could include wage loss benefits AND retraining. Minnesota’s Workers’ Compensation law permits laid-off workers to receive wage loss benefits, if a work injury affects their ability to find employment after being laid off. This is often not a very difficult burden to establish given this down economy. Unfortunately, injured workers are sometimes the first employees laid off by an employer despite claims otherwise.

Who is qualified for rehabilitation benefits?

A “qualified employee” entitled to receive rehabilitation services. Minnesota Rule 5220.0100(22) defines “qualified employee” as: An employee who, because of the effects of a work-related 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 injury;

B. Cannot reasonably be expected to return to suitable gainful 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!
I’ve been laid off, now what do I do?

First, file for unemployment IMMEDIATELY. If you are not receiving workers compensation benefits at the time of layoff or are unsure about your eligibility, I encourage you to apply for unemployment. If you are later found eligible for unemployment, your receipt of workers’ compensation benefits will offset your unemployment benefit. Unlike unemployment, however, your workers compensation wage loss benefits are generally TAX FREE. You can apply online or by telephone by contacting the State of Minnesota through their web site www.uimn.org/ui/

Next contact our office and we will assist you in obtaining a copy of your employment and workers compensation files. With nearly two decades of experience handling cases involving injured worker, Thomas Atkinson and MN Disability can help explain whether your old or current injuries entitle you to rehabilitation benefits or a many other Minnesota Workers Compensation benefits. If you are found to be “qualified” you may be entitled to the assistance of a Qualified Rehabilitation Consultant who will act on YOUR behalf to help you find a new job or seek retraining opportunities. Injured workers entitled to rehabilitation benefits are often entitled to full-time wage loss benefits in the form of temporary total disability as well. If you have already found a new part-time or full time job you may still be entitled to rehabilitation assistance and other wage replacement benefits such as temporary partial disability benefits.

Remember that a lay off does NOT relieve an employer’s obligation to continue providing ongoing workers’ compensation benefits to an injured worker. If you suffer from the effects of a current or old workers compensation injury, and you have been laid off, call attorney Tom Atkinson at MN Disability TODAY for a free consultation. With nearly two decades of experience practicing in ONLY workers compensation, we know how to navigate the work comp maze. We have evening and weekend appointments open throughout Minnesota. tom@mndisability.com or 651-324-9514.

Tags: , , , , ,
Posted in Uncategorized | No Comments »



The Workers Compensation Insurer Is Paying My Benefits, Do I Really Need An Attorney?

Written By: Tom Atkinson | Published On: 10th May 2009

There is the possibility that you don’t need an attorney. However, I have NEVER seen an admitted injury case in my private practice where ALL of the benefits due were properly paid to an injured worker and in a timely fashion! So does it happen or can it happen; theoretically I suppose it can.

Let me give you an example. One of my clients was forced to take his denied injury all the way to the Minnesota Supreme Court where his injury was found to be work related. This case is now very famous in Minnesota and you would think the insurance company would be careful to pay all benefits due on a timely basis.

After his former attorney retired I was asked to assist the client with a medical dispute. What I later found out is that many years earlier, the employee underwent surgery to his lumbar spine and bilateral shoulders resulting in a permanent condition necessitating twenty-four hour nursing services.

Despite the fact that he is now permanently and totally disabled after undergoing six surgeries to his shoulders and back for an ADMITTED injury, the insurer never paid ANY permanent partial disability. It was only in reviewing a medical dispute that I discovered this either intentional omission or negligent oversight. This is an error that could have saved the insurance company nearly $100,000.00 at the expense of my client! Having worked for over 15 years for an insurance companies I honestly don’t see how this was an oversight!

There are some very reputable insurance companies and adjusters in this business who will pay a compensable claim without prodding by an employee’s attorney’s like myself. However, there are others that believe in a “don’t ask don’t tell” policy. Don’t let yourself be a victim of a lazy adjuster or one practices “don’t ask don’t tell”!

I am happy to review your file to ensure that you are currently being paid every benefit you are entitled to under Minnesota’s Workers Compensation Laws. There is NO FEE for me to review your claim, contact the insurance adjuster and ensure you are receiving the proper the benefits. You will NEVER pay me a retainer or write an attorney fee check to my office. Work comp attorneys are only paid when we assist the injured worker in getting his/her benefits. In some cases the fees are paid entirely by the insurance company who took a gamble in not paying you the benefits you are entitled. Contact attorney Thomas Atkinson and Minnesota Disability today to discuss your case at 651-324-9514 or tom@mndsiability.com

Tags:
Posted in Uncategorized | No Comments »



When Do I Need to Tell My Employer I May Have Been Hurt On The Job?

Written By: Tom Atkinson | Published On: 5th May 2009

The basic rule is that when you realize your injury is related to work AND you believe that it will cause you to lose time from work you have 180 days to advise your Employer of the injury.

A work injury can be of three types, Gillette, Specific or Occupational Disease. I go three these types of injury in my blog in more detail but to review a Gillette injury occurs over weeks, months or even years until you are eventually disabled; a specific injury are injuries that occur instantly like dropping a hammer on your toe; occupational injuries are often the most complex and can be either specific or Gillette in nature and are usually due to exposures of chemicals or diseases in the work place.

ALL of these dates have exceptions that allow you to provide Notice AFTER 180 days following the development of symptoms. The date of injury is not a straightforward black and white issue. There are thousands of cases dealing with the issue of “culmination of injury”. The Court will typically look for a way to allow a compensable injury as long as you provided reasonable notice of your injury. There are exceptions for occupational diseases or trivial injuries where you may suspect work contributed to the injury but you aren’t sure and your doctor hasn’t definitively linked the injury to work activities. It is important to keep in mind that a physicians job is to assist you in treating your injury and whether it is work related or not is often far down on his/her list of important questions to ask during your brief encounters.

If you believe you may have sustained a work related injury OR your work activities have substantially aggravated a non-work related disability or medical condition you may be entitled to workers compensation benefits. Don’t come to that decision alone. Talk with an attorney whose practice is LIMITED to workers compensation and representing injured or disabled workers. At Minnesota Disability and Atkinson Law Offices I get calls every week from general personal injury attorneys asking questions about Minnesota Workers Compensation Rules. If a personal injury attorney doesn’t have an answer, you shouldn’t expect yourself to have the answer either.

I never charge a fee unless I recover a benefit on your behalf AND even then the fee is paid directly by the insurance company and not you! You will NEVER pay a retainer or fee directly to me for representing you! Call me at 651-324-9514 or email me at tom@mndisability.com.

Tags: , ,
Posted in Notice of Injury | No Comments »



Do I Need To Attend An Independent Medical Examination?

Written By: Tom Atkinson | Published On: 30th April 2009

In most cases the answer is YES!  However, you should NEVER, EVER go into an independent medical examination believing you are meeting with a doctor who cares about helping to relieve your pain or discomfort. On a very rare occasion that does occur; I’ve actually seen it happen. However, assume the examination is ADVERSE and the doctors job is to find a way to medically justify denying you a benefit or treatment you believe is extremely important to you recovery.

As a former insurance company attorney I have schedule hundreds of “independent medical examinations” for injured workers. The term independent medical examination is not always accurate. Though there are many reputable doctors who will perform a thorough examination and may on occasion write a neutral report, they understand that the insurance company and defense attorney are the referral source to future business. If they disappoint them too often they are blacklisted and I have seen it happen!!! Many defense attorneys believe it’s their job to chose a ” doctors who will do and say almost anything” to help them win!

When I worked as a defense attorney I thought having a neutral independent doctor was truly important. It helped me assess and fully understand the injured worker’s claim. By choosing a neutral physician I also hoped my client would have credibility before the compensation judge should we go to hearing. Later in my career as a defense attorney I began to get flack from a kool-aide drinking “old time” defense lawyer who chastised me for choosing these independent physicians and telling me I needed to get on board and work with the “adverse examiners”. Despite the fact that this attorney had only gone to a full hearing a handful of times in the past decade, he was going to try his hardest to win a case at almost any cost and thought I should too! This didn’t sit well with my years of experience and the reputation I developed. This was one of the reasons I now represent only injured workers and share these stories.

An employer and workers compensation insurer have the right to have you seen for an independent medical examination or adverse examination regardless of whether your claim is admitted or denied. They need to reimburse you for your expenses and must schedule it within 150 miles of your home. Keep in mind that this doctor is not nor will he ever be your treating physician. There is no doctor patient confidentiality, everything you tell the doctor will be shared with the employer and insurer. Sometimes the examinations last a few minutes and other times they can take close to an hour with an extensive physical examination and questions.

You will usually receive the report as an attachment to a service of Maximum Medical Improvement or a Notice of Intent to Discontinue Befits in the mail. As this is the goal of the adverse examination, your medical and/or wage loss benefits will likely be stopped as the result of your “independent medical examination”.

As a defense attorney I understand the flaws in these reports and the mistakes that can be made in preparation for the same. As your attorney I will surgically dissect these reports and the accompanying letters providing the physician with “foundation” or their opinion. My job is to look for contradictory medical evidence and obtain an opinion from your own treating physician and if necessary a truly independent doctor. If you would like to discuss your claim in more detail, feel free to contact me directly at 651-324-9514. All calls are usually returned within a few hours. Please understand that our conversation is FREE and if you retain me as your attorney there are no direct payments by you EVER. Our fees are paid directly by the insurance companies after obtaining benefits for you.

Tags: , , , ,
Posted in independent medical exam | No Comments »



I’ve Been Injured at Work. Who Pay My Medical Bills?

Written By: Tom Atkinson | Published On: 22nd April 2009

NOT YOU! If the workers compensation carrier accepts your claim, ALL reasonable and necessary health care treatment related to your work injury must be paid. Unlike most health care plans, there are no deductibles or prepays involved. Fortunately, with few exceptions, you are entitled to choose your own doctor or health care provider to assist you in your recovery.

These are important facts to keep in mind:
1. Prescriptions and reimbursement for mileage to medical appointments are also payable;
2. The insurer may designate a pharmacy or pharmacies that you must use to obtain medicine for your injury, if the pharmacy is within 15 miles of your home;
3. You may choose your own health care provider under most circumstances; Be sure to advise you doctor or medical provider you are treating for a workers compensation injury and to be sure they sends all bills and supporting information to the insurer. The supporting information must explain how the treatments and charges relate to your work injury;
4. Your health care provider must notify the insurer before you have any surgery or hospitalizations, except in an emergency. You or the insurer may ask for a second opinion for any surgery that is not an emergency. The insurer must pay for the second opinion. You cannot be forced to have surgery if you do not want it;
5. Treatment by certain unlicensed complementary and alternative health care providers is not paid. This does NOT apply to chiropractic treatment. In Minnesota, the employer and insurer must provide up to 12 weeks of reasonable and necessary Chiropractic treatment.

What if my employer has a managed care plan?

Most employers do NOT participate in a workers’ compensation certified managed care plan. A certified managed care plan is an organization that has been certified by the state to manage health care for injured workers. Your employer must tell you if you are covered by a certified managed care plan. Some employers or insurers have contracted with a managed care plan or network of doctors who are not certified by the department. You are not required to receive treatment from a doctor in a plan or network that is not certified. If you are NOT required to participate in a managed care plan, you are strongly urged to obtain medical treatment with your regular doctor or clinic unless it is a medical emergency!
At MN Disability & Atkinson Law Offices representing injured and disabled workers is ALL we do. We don’t handle slips and falls, write wills or work on family law matters. We have chosen to focus on one area of the law for nearly two decades and that is why his peers have recognized Tom Atkinson as a Super Lawyer! www.mndisability.com You can also reach him directly by calling 651-324-9514.

Tags: , , , , ,
Posted in Medical Benefits | No Comments »



I Just Received a Notice of Intent to Discontinue Benefits in the Mail. What should I do now?

Written By: Tom Atkinson | Published On: 18th April 2009

I was reminded about the importance of having an attorney review Notices of Intent to Discontinue benefits (NOIDs) after meeting with a new client this afternoon. An attorney who has been handling workers compensation cases as long as myself can look at a NOID and usually find a deficiency or mistake that can help avoid the IMMEDIATE cessation of benefits. If you receive wage loss benefits YOU WILL RECEIVE A NOID at some point in your claim if the insurer is compliant with Minnesota’s Workers Compensation Laws.

Read the rest of this entry »

Tags: , , ,
Posted in Uncategorized | No Comments »



Welcome To Minnesota Disability’s Workers’ Compensation Blog

Written By: Tom Atkinson | Published On: 18th April 2009

Minnesota Disability was founded with the sole goal to represent disabled and injured individuals living in Minnesota and Western Wisconsin. When Minnesota Disability represents a client we take charge and prepare all the proper forms, file the necessary papers, obtain the medical and vocational evidence necessary to support your claim, and aggressively pursue a favorable decision as our only objective. We have decades of experience in handling workers compensation cases from the administrative decision level up to the Minnesota Supreme Court. We also represent individuals who may be qualified to receive disability benefits from the United States Social Security Administration. In many of our Social Security cases, our clients never have to go to the Social Security office.

Read the rest of this entry »

Posted in Welcome Message | No Comments »