You Have Been Injured At Work. What Should You Do First.

Under Minn. Stat. § 176.141 Minnesota workers’ compensation case law, an employee must give notice of injury no more than 180 days after it becomes reasonably apparent to the employee that the injury has resulted in, or is likely to cause, a compensable disability.  For years it was believed that an employee who sustained a work injury over many months or years did not have to advise their employer of a work injury until their doctor gave them expert medical advise of the same.  However late this summer the Minnesota Supreme Court decision Anderson v. Frontier Communications.

In Anderson v. Frontier Communications, the employee claimed a repetitive trauma injury known as a "Gillette" injury to his low back injury from his work as a lineman from 1986 through 2007. He employee did not initially seek medical treatment for his back condition until 2007. At trial the employee admitted he knew that his work activities were aggravating his low back problems in 2007. His doctors did not place any restrictions on him and the injury was not reported to the employer. The employee went off work for low back surgery in 2007. After soliciting reports from his surgeons in May 2009, nearly two years after the last day he worked, the employee gave written notice of his injury to the employer.

The Supreme Court created a new rule that essentially means that if you are injured you MUST notify your employer within 180 days that you were injured regardless of how minor your injured may initially be.  If you cut your hand, get a sliver in your eye, twist your back, sprain your knee tell your supervisor or employer safety director immediately.  Due NOT wait, hoping it gets better.  If your supervisor won't get you a form to report the injury, call my office and we will do it for FREE!  YES FOR FREE!

At Atkinson Law Office and Minnesota Disability we have an award winning team of staff and lawyers with decades of experience working with injured workers.  Our telephones are answered 24 hours a day/7 days a week.  Your consultation is free and there is never a fee unless we recover benefits.  And we have staff to assist you filling out First Reports of Injury to protect your right to Minnesota Workers Compensation benefits.  Call today 651-333-3636 in the Twin Cities or throughout the entire state of Minnesota.

Cost Of Living Decrease of 1.14% Beginning October 1, 2010

If you are reading this article you are one of tens of thousands of Minnesota Workers Compensation victims who have had there benefits reduced at a time when they can least afford it. Is there any remedy to this reduction? Not directly, but many of you who have contacted my office have been educated about benefits you NEVER knew you were entitled to receive under Minnesota law. Workers' compensation benefits are NOT welfare. They are a benefit that YOU pay for indirectly out of your salary and with every day of labor you provide. Do not be afraid to talk with a workers compensation attorney; preferably one who specializes in work comp and disability claims. Take the opportunity of this decrease to educate yourself and your family of your rights to retraining, second medical opinions, skill enhancements and even additional wage loss benefits that may have been stopped years ago. That's right, benefits that have been stopped can in many circumstances be restarted after losing a job or having an aggravation of your injury. At Atkinson Law Office and Minnesota Disability our staff has over 50 years experience handling workers compensation claims. There is no cost to speak with an attorney 7 days a week. 651-333-3636 or visit our web site www.mndisability.com

Is An Indpendent Medical Examination Really Independent?

What do you think? NO an independent examination is not independent but rather ADVERSE to your interests and those of your treating physicians.

I have previously posted on this issue months ago but it is such an important issue, I think it's necessary to discuss this issue once again. There is NEVER a good intention on the part of an insurance company in having you seen by THEIR doctor for an "independent" medical examination. The intent is to cut off your benefits and limit their exposure PERIOD!

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 reputable doctors who will perform a thorough examination and write a neutral report, there are many who will do and say almost anything. Many defense attorneys believe it is their job to chose the " doctors who will do and say almost anything"!

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. It also established credibility before the compensation judges. 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! 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". In addition the report will likely maintain that your current medical treatment is unnecessary.

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 651-333-3636. All calls are returned within a few hours. Don't be afraid to contact me after hours as I personally return all calls.

You may also visit our web page at www.mndisbility.com

I Was Laid Off Or Fired From My Job, Now What Do I Do?

News of more and more layoffs belies the harsh reality that our economy is not recovering quickly. The Pioneer Press recently reported that Maplewood, Minnesota-based 3M Company laid off 1,200 workers in the first three months of 2009, and 2,400 in the last three months of 2008. Executives said that more job cuts could be coming. Several hundred of these layoffs are from 3M locations within Minnesota. If this is happening at 3M, it is happening at companies throughout Minnesota.

Hopefully, the economy will start to recover, layoffs of Minnesotans will slow in the next few months and folks can start getting back to work.

While getting laid off is extremely difficult, it can be even more difficult for laid-off workers who have physical restrictions related to a work injury. Frequently, workers who are on light-duty or who have physical restrictions related to a work injury are the first to be laid off. These physical restrictions, such as lifting limitations, or limitations on the number of hours a person can work can make finding a new job incredibly difficult. Fortunately, in Minnesota, if a worker who has physical restrictions due to a work-related injury is laid off for economic reasons, that worker may be entitled to wage loss benefits and job search or retraining assistance through workers’ compensation.

One of the most important benefits is the assistance of a Qualified Rehabilitation Counsultant or QRC who can provide job placement services and/or retraining.

If you’re a laid off employee OR were possibly even terminated from your employer, but you have physical restrictions for a work-related injury, you may be entitled to workers’ compensation benefits. To schedule a free, no-obligation consultation with one of our workers’ compensation lawyers, call Minnesota Disability and Atkinson Law Office PA at 651-324-9514 or visit our web site at www.mndisability.com to send us an email. We can help you get the benefits you are entitled to NOW!

Your Work Comp Claim Was Denied. Now What Can You Do?

Hire an EXPERIENCED workers compensation attorney TODAY. The same fee is paid to every attorney under Minnesota law so why would you hire someone who only dabbles in work comp or has only been out of law school for a few years? It makes no sense!

At Atkinson Law Office and Minnesota Disability, Attorney Tom Atkinson who has nearly two decades of Minnesota workers compensation experience will personally oversee your claim, puncutually returning your calls! When your claim is denied the ONLY way to get benefits paid is to initiate a claim by filing a Claim Petition.

A Claim Petition is a standard form that sets forth basic information about the employee’s claim for workers’ compensation benefits. The Claim Petition contains information about the employee, including his or her name, address, Social Security Number, date of birth, and date(s) of injury. It also lists the name of the employer(s) and insurer(s). The Claim Petition also sets forth the nature of the injury and the average weekly wage at the time of the injury. Finally, the Claim Petition lists the types of claims alleged, including Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Total Disability (PTD), Permanent Partial Disability (PPD), Rehabilitation Benefits, and/or medical benefits.

The Claim Petition is filed with the Department of Labor and Industry, and copies of the Claim Petition are served on the employee, the employer, the insurer, and any third-party payors, such as major medical insurers. Notice to Potential Intervenors are often served along with the Claim Petition to any medical providers and any third-party payors.

A Claim Petition is generally filed when the employer and/or insurer is denying primary liability, meaning that they admit no responsibility for the injury. A Claim Petition is also filed when there is a claim for monetary benefits, such as Temporary Total Disability (TTD), Temporary Partial Disability (TPD), and/or Permanent Partial Disaiblity (PTD), even if the insurer admits primary liability. If an injured worker has settled his or her case on a full, final complete basis, leaving open future medical benefits, a Claim Petition may be used in some instances where there is a dispute over medical expenses.

Once your Claim Petition has been filed, the employer and/or insurer is generally required to file an Answer to the Claim Petition within 20 days. The employer and/or insurer is required to serve specific responses to the allegations in the claim petition. If an answer is not filed in a timely matter and/or an extension of time to answer is not requested, the employee may request that the matter be scheduled for an expedited hearing.

Typically, after the Claim Petition has been filed, the matter is scheduled for a Settlement Conference at the Office of Administrative Hearings. Prior to the Settlement Conference, if appropriate, the employee’s attorney will often submit a settlement demand to the attorney for the employer and insurer. The purpose of the Settlement Conference is to attempt to discuss the possibility of settlement. Some cases settle at the Settlement Conference, and some do not. If it appears that the parties have reached an impasse, and that further negotiations will not facilitate a settlement, the case may be referred to the Office of Administrative Hearings for the scheduling of a hearing. If either side needs additional information, if the case is not ripe for settlement discussions, or if the sides need additional time to negotiate, the Compensation Judge may also reset a Settlement Conference for a month or two in the future.

If the parties are unable to reach a settlement, the case will proceed toward a Hearing. In Minnesota workers’ compensation, a Hearing is the equivalent of a trial. At the Hearing, both sides will present evidence in support of their respective positions, and the employee will generally provide testimony. After all evidence has been heard, the Compensation Judge issues a decision, which is final and binding on the parties.

The entire process from the filing of the Claim Petition through a Hearing can take anywhere from six months to a year or more. In some instances your case can be expedited due to financial hardship. Let an attorney like Tom Atkinson personally assist you in determining whether your case could possibly qualify. You may reach him directly at 651-324-9514 or email at tom@mndisability. Also be sure to check our the Minnesota Disability and Atkinson Law Office web site at www.mndisability.com

I Didn't Suffer A Specific or Sudden Injury, It Happened Gradually. Is This A Work Injury?

YES, your work was likely a substantial contributing cause and accelerated your injury.

When people think of work injuries, they often think of sudden, unexpected accidents, such as falling off a ladder, being involved in a car accident, slipping and falling, or injuries due to lifting heavy objects. These types of work injuries are known as “specific injuries” under Minnesota workers’ compensation law. These types of injuries are caused by an specific event at a specific time. But what about injuries that occur over a long period of time, that weren’t necessarily caused by a specific event, and didn’t occur at one specific time?

Under Minnesota work comp law, these types of injuries are known as Gillette-type injuries. They are also commonly referred to as cumulative trauma injuries or repetitive motion injuries. Repetitive motion injuries or cumulative trauma injuries are referred to as Gillette-type based on the name of the case where the Minnesota Supreme Court recognized the compensability of these types of injuries.

People in occupations where their job duties require repetitive motions tend to be at greater risk for Gillette-type work injuries; however, almost any type of work activity can cause a cumulative trauma or repetitive motion injury.

Repetitive motion injuries are frequently seen in the following types of occupations:

* Assemblers
* Machine operators
* Textile sewing machine operators
* Secretaries * Cashiers
* Packaging operators
* Electronic assemblers
* Data entry workers
* Truck drivers
* Welders
* Butchers and meat cutters
* Bookkeepers
* Auditors
* Accountants
* Freight, stock and material handlers
* Carpenters
* Hairstylists
* Mechanics
* Dental hygienists
* Construction laborers

There are many factors that affect the development of repetitive motion, cumulative trauma, or Gillette-type injuries:

* Repetitive motion: when a task is repeated frequently it can cause strains and fatigue in muscles, joints and tendons.
* Forceful exertion: tasks that require force place a higher load or stress on muscles, tendons and joints.
* Awkward posture/position: poor posture while performing a task, especially a repetitive task, puts strain on joints and muscles.
* Duration: tasks that require the use of the same muscles for long periods of time can cause fatigue in those muscles and make them susceptible to injury.
* Compression: pressing body parts on hard or sharp surfaces causes a decrease in blood flow to the muscles, tendons and nerves in that area. This can cause symptoms of tingling, numbness and change in sensation, and lead to tissue damage in that area.
* Vibration: activities involving vibration put stress on individual parts or the whole body. * Poor physical health: conditions such as diabetes, cardiovascular disease, Raynaud's, arthritis, smoking, alcoholism, gout, hypertension, poor nutrition, lack of exercise, stress and job dissatisfaction can increase the chance of developing a repetitive motion injury.

Common types of Gillette-type, repetitive motion, cumulative trauma injuries include:

* Tendinitis * Bursitis
* Carpal tunnel syndrome
* Rotator cuff tears
* Lumbar or cervical disc degeneration
* Lumbar or cervical disc herniations or bulges
* Epicondylitis
* Trigger finger
* Tenosynovitis
* Ganglion cyst
* Hand-arm vibration syndrome
* Radial tunnel syndrome
* Cubital tunnel syndrome
* Thoracic outlet syndrome
* Plica syndrome
* Patellofemoral pain syndrome
* Medial collateral tears
* Meniscus tears Gillette-type injuries are very frequently contested by employers and their workers’ compensation insurance company.

If you have sustained a repetitive motion, cumulative trauma, or Gillette-type injury at work, call Atkinson Law Office or click here to send us an email to schedule a free consultation. You may also contact Tom Atkinson directly at 651-324-9514 or visit www.mndisability.com

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

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.