Minnesota Workers Comp Attorney | Work Injuries | FAQs
1: What should I do if I think I sustained a work injury in Minnesota?
Immediately report the incident to your employer and seek medical attention. It is very important that you provide a history of the work injury to EVERY medical professional who treats you for your injury. Don’t assume they are aware of the nature of your injury! If it’s not an emergency situation ask to complete a First Report of Injury. If you required emergency room treatment or hospitalization, as soon as possible request that the employer file a First Report of Injury. Be sure your doctor or chiropractor provides you with written work restrictions. Provide a copy of these restrictions to your employer. It is very important that you follow your doctor’s recommendations. If the employer refuses to provide you with a First Report of Injury contact workers compensation attorney Thomas Atkinson who will provide you with the paperwork necessary to report and file a First Report of Injury with the State of Minnesota.
2: Do I have to treat with a company doctor?
In most case, an injured worker is free to choose their own doctor. Usually after an injured worker has treated with a physician 2-3 times they are considered to be the employee’s treating physician and a motion must be filed to change the treating physician. However, you are entitled to a second opinion and/or change of physician. Contact Minneapolis worker’s compensation attorney Thomas Atkinson from Minnesota Disability to ensure you get the doctor of your choice rather than an advocate working on behalf of the insurance company.
3: What workers compensation benefits are I entitled to?
Injured employees are entitled to be paid total wage loss (which is paid at 2/3 of the wage at the time of the injury) or partial wage loss (which is paid at 2/3 of the wage differential between your wage at the time of the injury and your current wage). There are limitations on how long a person is entitled to either total or partial wage loss depending upon your date of injury.
There are also benefits for permanent partial disability, although the type and manner in which those benefits are paid can vary.
If you sustain a work related injury you are entitled to medical benefits regardless of whether you have health insurance through your employer or your spouse’s employer. There are also vocational rehabilitation benefits, including potentially retraining. There are many additional benefits that a person may be entitled to, depending upon the circumstances and the applicable law. Contact Minnesota workers comp lawyer Thomas Atkinson from Minnesota Disability to ensure you get the benefits you are entitled to receive.
4: If I’m released by my doctor to work either light duty or modified duty, do I still receive benefits?
If your employer does not have a job available within your restrictions, your benefits should continue even though you are released for light duty. The insurance company may file a Notice of Intent to Discontinue benefits (NOID); DO NOT IGNORE THIS DOCUMENT! Immediately contact attorney Thomas Atkinson at Minnesota Disability who will request an IMMEDIATE Administrative Conference on your behalf.
5: What is a QRC (qualified rehabilitation consultant) and how can they help me return to work or find new employment?
A qualified rehabilitation consultant (QRC) provides rehabilitation services, if you need help returning to work due to your injury. The insurance company will try to choose a QRC for you but you have the right to choose your own QRC. If you do not, the insurer will refer you to one with a long relationship with the insurance company. There are specific time limits to request a different QRC and it is very important for you to contact attorney Thomas
Atkinson at Minnesota Disability to arrange working with an experienced and aggressive QRC who will work hard on YOUR behalf.
6: How long do I have before I can file my claim?
In Minnesota, the general rule is that you have 30 days to inform your employer that you were injured, although there may be exceptions that allow up to 180 days. (Most people inform their employers if they were injured immediately, or shortly thereafter, and in many circumstances, the employer knows that the person was injured right away).
In Minnesota, you generally have three years before you can commence a claim for workers’ compensation benefits. Once benefits have been paid (in any form whether it be wage loss, medical, or otherwise), there is no more statute of limitation problem in Minnesota. In other words, once the insurance company has paid a single benefit, a claim can be commenced at any time thereafter, sometimes years, even decades later. Attorney Thomas Atkinson have decades of experience navigating the complexities of Minnesota Workers Compensation.
7: What are independent medical examinations?
An independent medical examination is an examination requested by the insurer to be performed by an adverse physician. The goal of this doctor is NOT to provide you with treatment. The IME is hired by the insurance company to determine the causation, extent of injury, restrictions, date you reached MMI (maximum medical improvement), and the extent of your permanent disability. This usually results in extreme ramifications for your benefits. You should contact attorney Thomas
Atkinson at Minnesota Disability who will assist you in preparing for your examination.
8: I live in Minnesota but I got hurt in Wisconsin (or I live in Wisconsin and got hurt in Minnesota) what law applies?
If you are injured in Minnesota, regardless of the state or country you call home, you are entitled to Minnesota Workers Compensation benefits. Likewise, if you were hired by a Minnesota employer and work out side of Minnesota there is a very good chance you are also eligible for Minnesota Workers Compensation Benefits. Finally, traveling employee’s passing through the state or Minnesota employee’s traveling outside the state are entitled to Minnesota Workers Compensation benefits.
9: How do attorneys get paid and can I afford an attorney?
THERE IS NO FEE TO HIRE MINNESOTA DISABILITY TO REPRESENT YOU! In Minnesota, attorneys are paid 25% of the first $4,000 of benefits recovered and 20% thereafter, subject to a maximum fee of $13,000 (although occasionally there are exceptions to the maximum fee limitations). In addition, provisions in the law require either some of those fees to be paid in part or entirely by the insurance company without any affect on your benefits. In Minnesota attorney fees must be approved by a workers’ compensation judge.
10: Should I get a lawyer even if the insurance company is paying all of my benefits?
Workers’ Compensation rules and laws in Minnesota are very complicated, and because the laws are constantly changing due to the legislative changes, seeking attorney advice of an experienced, aggressive attorney is always a good idea. Again, it costs nothing to hire a lawyer for a workers’ compensation claim. Our lawyers will be paid only a percentage of the benefits the lawyer helps you obtain. If you are already receiving benefits, the lawyer will not begin receiving a percentage of the benefits you are receiving. The lawyer will only receive a percentage of the benefits he or she helps you obtain.
In fact, as one might be able to tell from the questions and answers so far, the manner in which an injured employee gets benefits, the nature of the benefits, and how an employee commences a claim to get benefits can be very complicated. Thus, it is always a good idea to seek out legal advice from a competent attorney.