Well yes it clearly was until the Minnesota Supreme Court rewrote decades of sound judicial interpretation of what constitutes an injury in their decision of Dykoff v. Xcel Energy on December 26, 2013. Now thousands of injured Minnesota workers every year receive notices that their injuries are "not work related" because their jobs do not place them at an increased risk of harm over that which a member of the general public may face.
Well what does that mean? To you the injured worker it means you have a strong chance of receiving an NOPLD (Notice of Primary Liability Determination) denying your claim. Insurance companies benefit because they pay less claims, employers benefit because they pay less premiums, lawyers like me benefit because of the increase number of claims fighting to figure out what constitutes "increased risk of harm" results in more fees, and YOU the injured worker lose. You lose because often you simply give up and walk away or lose because now you have to fight for your delayed benefits. You are the big loser in this wrong-headed case.
What can you do if your claim is denied? First contact Atkinson Law Office and then contact your state representative and demand the laws be changed! Simply click HERE to contact an expert workers compensation attorney at Atkinson Law Office or click HERE to find out the name of your Minnesota state representative or senator. It's important that you understand that you do not have to pay any upfront costs or fees to hire a Minnesota workers compensation attorney, including expert lawyers with decades of expertise like Atkinson Law Office. We only get paid by the insurance company if we recover benefits for you.
You can fight this denial and often we overcome the defense and obtain much needed medical treatment, wage loss benefits and assistance keeping or finding a new job. Like other injured workers who receive these "Dykoff Denials" and call Atkinson Law Office every week, we urge you to contact us today for an always free consultation. 651-333-3636
Injured at work or suffering from an injury that may be caused or aggravated by your job? Let our expert workers compensation lawyers with over 60 years combined experience help you find answers to your work comp questions including; temporary partial disability, temporary total disability, permanent total disability, medical benefits, layoffs, pain and suffering, retraining, discontinuance of benefits, attorney fees, and light duty work. To speak to a MN work comp expert call 651-333-3636