I Suffered A Work Injury And Now I Need Surgery. What Should I Do?

Though I'm a workers compensation attorney first and foremost, I also consider myself an advocate for informed health care decisions. Following my own work injury many years ago, I have undergone multiple back surgeries over the years (knock on wood I'm doing very well). Because of the same, injured workers are often drawn to me for this very reason. I can relate to what they are going through when making informed decisions about whether to proceed with a surgery. This brings me to surgeries performed on older injured workers. I share this story as another resource (click here)  in the decisions you make. If you are an injured worker and a surgeon has recommended surgery, never be afraid to seek a second opinion.  You get one chance at this decision!  Inform and educate yourself to make the best decision for you and your family.  

How To Choose A True Minnesota Workers Compensation Expert Attorney.

You have sustained a work injury in Minnesota and you want to know what to expect or what benefits you are entitled to.  What do most injured workers do when they need an attorney?  They ask friends, family or like most people you go onto the internet and research Minnesota Workers Compensation.  Unfortunately as I have stated on previous blog posts there are lawyers who exaggerate their expertise in workers compensation or are "posers".  They dabble in work comp or they are filled with "baby lawyers".  Here is a free checklist to use when interviewing a Minnesota workers compensation attorneys.  If any of the following answers are NO, you owe it to yourself and family to continue searching for the right attorney for you.

1.  Has the attorney practiced law for at least 10 years?  Would you have a surgeon just out of medical school operate on your child?  They may be smart, but they don't teach "experience" in law school.  Choose experience because it really does matter.

2.  Does the attorney specialize in workers compensation? - Workers compensation is an extremely specialized area of the law with laws that are constantly changing.  I have personally handled workers compensation cases exclusively for nearly 30 years.  I cringe when I get calls from injured workers who hired a "posers" or baby lawyer and soon realize the mistake they made.  It may not be too late to change.  In some special circumstances we will assist these injured workers change attorneys.

3.  Has the attorney taken a case to hearing before a judge at Minnesota Office of Administrative Hearings every single year they been an attorney.  Why is this important?  It demonstrates the attorney is not a dabbler who handles work comp some days and family law and criminal matter on others.  It also shows that the attorney isn't afraid to take a case to a formal hearing and fight for their client when necessary.  I know an attorney who claims to "specialize" in work comp for over 10 years but has NEVER gone to hearing.  And guess what?  Every single defense attorney and insurance adjuster know who these attorneys are.  Even experienced personal injury attorneys are can be guilty of being work comp dabblers.  You've seen these firms advertise on TV or on billboards...dabblers.  Not a single top Minnesota work comp lawyer advertises on TV or has a billboard?  Why because they don't need to advertise to get clients.  Clients are often referred to Atkinson Law Office by other attorneys and doctors.

4.  Take lawyer ratings with a grain of salt.  Workers compensation disputes are very emotionally charged and frustrating.  Just like any relationship there may be times when you and your attorney do not agree.  Lawyers make recommendations and clients make decisions outside of the courtroom.  When they differ it may be time to find a new attorney.  In addition, many internet lawyer review sites are "anonymous" so some lawyers hire companies to leave good ratings...or poor ratings for others.  It's unethical but not enforced by many professional oversight boards.

5.  Listen to your gut instincts.  Don't hire an attorney just because they were the first one to take your call or they sound nice.  After asking the attorney the above questions and they answer YES to all three of the first test questions AND you seem to have a good rapport or ability to speak to them, you have found an attorney to potentially hire.  I often encourage injured workers I meet for the first time to talk with other lawyers.  I will even go so far as to suggest other lawyers who have the same expertise and high ethical standards as we do.  In the end we want you to have a "good fit" with an expert Minnesota workers compensation attorney.

If you want a free consultation regarding your work injury contact the work comp experts at Atkinson Gerber Work Comp Experts at 651-333-3636.

Can I Receive Social Security And Minnesota Workers Compensation Benefits? YES.

If you are currently receiving Social Security Disability benefits and have an old work injury with permanent restrictions, contact our office TODAY.  We have recovered hundreds of thousands of dollars for SSDI recipients merely by reviewing their old Minnesota workers compensation files and in some cases there old settlement documents.  If you don't have your documents call Atkinson Law Office, we can obtain a copy of those documents from the State of Minnesota on your behalf.

How do we do this?  We investigate whether your old work injury is a substantial contributing cause to your permanent disability.  If it is, in some cases we can bring a claim for permanent total disability for your workers compensation claims, regardless of whether it occured last year or 20 years ago.  We know how to do it and have done it many times, often recovering tens of thousands of dollars in benefits.

Do you have to pay Atkinson Law Office up front to review your documents or pursue your claim?  The answer is always the same; NO!  We only get paid if we obtain benefits for you.  Visit us today at Atkinson Law Office. 651-333-3636.  Our lawyers are Minnesota workers compensation experts who have all been named as Super Lawyers

Does Minnesota Have Pain and Suffering For Work Injuries?

Minnesota workers compensation provides a different form of "damages" then one would receive in a personal injury accident such as a car accident or medical malpractice claim.  The reason is that "negligence" is not a factor in determining the cause of the injury or damages.  It's not relevant whether your co-worker or employer are negligent or that your injuries prevent you from doing the personal or social activities you did before your injury.

You can expect to receive lost wage benefits, vocational assistance to keep or find a new job, payment of your medical expenses and a small payment for any resulting permanent disability.

When I meet with new clients I'm always up front and tell them that these benefits may not seem fair, because in many instances they are not.  Especially when your employer or co-worker were grossly negligent.  I agree, Minnesota's workers compensation system is not fair.  I had a work injury too; a low back surgery many years ago.  After being off of work for months, being forced to give up activities I loved, having to hire people to perform household chores I can no longer perform, I received a small sum of money for my troubles.  Yep, it isn't fair.

Our lawyers ensure that even if you believe you are receiving all of the benefits listed above, you are receiving the proper amount.  Often the basis for your wage loss is incorrect, or you are directed by the insurance company or your employer to treat only with a particular doctor who doesn't have your best interest in mind.  Everyone who has a work injury should take 30 minutes to speak to an experienced work comp expert.  Not a "dabbler" or "baby lawyer".  At Atkinson Law, we specialize in workers compensation, we have over 60 years combined experience and year after year are chosen as Super Lawyers by our peers and judges.  Call today for an appointment.  651-333-3636.