How To Choose The Best Minnesota Workers Compensation Attorney For You? I'll Tell You How For Free!

I have specialized in Minnesota workers compensation for nearly a quarter century.  When I began, injured workers found lawyers by word of mouth, family friends and the yellow pages.  How times have changed.  Now injured workers are tech savvy.  Whether you live in a town in the Northwest Angle of Minnesota or in Minneapolis, most people turn to their smartphones or computer to search for a lawyer on Google.  Clients who come to see me are usually far more informed than they were just 10 years ago.  What a difference a decade has made.

The purpose of this blog is to WARN YOU that there are lawyers and law firms out there that at a minimum exaggerate and others that I believe lie in their internet advertising.  They use terms like "the largest and most respected workers compensation law firm in Minnesota" or claim they have a "depth of experience".  The claims make me laugh at first and then make me very, very angry.  The reason is that YOU the injured worker will pay the same fee whether you hire a lawyer with 2-3 years experience as you do with 25 years experience.  I will tell you that I'm an excellent lawyer who has won many awards and frequently lectures on workers compensation throughout Minnesota.  However, there are other lawyers who are equally as good as I am...not many but I'm not alone.  You have to find the lawyer who is a good fit for you and I have always offered to give prospective clients the names of two additional lawyers outside of my firm to speak to after our initial meeting.  I do this freely and without hesitation.  It's not a gimmick.  I want you only if you want me.  We must fit.

What concerns me more is that you the injured worker will end up a a law firm that is a "mill" and churns and burns files without really having an understanding of Minnesota work comp.  Though a few law firms come to mind, you have to do your research and ask just a few questions.  The most important questions are as follows:  Does you firm EXCLUSIVELY practice in the area of Minnesota Workers Compensation.  That will narrow the list of 75 law firms in Minnesota down to just a handful.  Next ask do YOU THE LAWYER personally have more than 20 years of experience limited to Minnesota workers compensation.  You can now count the law firms on one hand.  These are the law firms you should be meeting with.  These are the ONLY law firms you should be meeting with.  If they do personal injury, car accidents, etc. they do not specialize in Minnesota workers compensation.  They specialize in general personal injury which is very, very different.

I'm personally at the Minnesota Office of Administrative Hearings or Minnesota Department of Labor on workers compensation matters 2-3 times every single week of the year.  I know every judge and every defense lawyer by name and they know me.  I have tried cases before every single workers compensation judge in the Twin Cities, most dozens of times.  Ask others if they can say the same.  Ask these tough questions and I can assure you that you will find the best lawyer for you.

At Atkinson Law Office we are all former insurance company lawyers with decades of experience handling Minnesota Workers Compensation Cases.  Both Kerry and Tom Atkinson had there first workers compensation hearings in 1993 the year they graduated from law school here in Minnesota. We will show you the secrets insurance companies don't want you to know.   Call us today for a free consultation.  There is never, ever a fee unless we recover benefits for you.  You will never be asked to pay us with a retainer check to handle your dispute.  Call 651-333-3636 today!  Visit us at Atkinson Law Office.

How Do I Hire The Best Minnesota Workers Compensation Attorney For My Case?

In the past decade the internet has become the number one tool used by injured employees throughout Minnesota to answer questions and find a lawyer.  Young, old, tech savvy or novices, it really doesn't matter.  Nearly everyone uses the internet to research what to do when they have a Minnesota workers compensation injury AND who they should hire for an attorney.

The internet is the great equalizer to the uniformed and inexperienced injured worker.  A great website can make a crappy lawyer with an eve worse reputation look great!  If only I could publish the list of lawyers who you should run and hide from....

Sure my law firm has great websites which we use to educate injured workers, but that isn't what makes our firm great!  EXPERIENCE and expertise in the law is what makes our firm GREAT!  Our lawyers live and breath workers compensation rather than car accidents, dog bites and slip and falls.  Attorney Thomas Atkinson has more than 2 decades of experience handling thousands of workers compensation cases and obtaining millions of dollars for his clients.  Attorney Kerry Atkinson is one of the very few lawyers in Minnesota who is considered a civil litigation expert by the Minnesota State Bar Association and even more rare, a member of the ABOTA (American Board Of Trial Advocates).  Though Minnesota doesn't have a "expert" designation for Minnesota workers compensation lawyers, Kerry uses her civil litigation expertise throughout her practice.

I could fairly and accurately list lawyer after lawyer with flashy websites who just recently began practicing workers compensation or who handle work comp cases in addition to dozens of other practice areas such as car accidents, wills, real estate closings etc.  But do they really KNOW work comp?  Do you really want someone like that to handle your claim?

Here is my suggestion.  Call a few law firms, not just ours and ask to speak to the lawyer.  YES the lawyer who will handle your case.  Then ask them the following questions:

1.  Have long have you been practicing law? 
2.  How long have you exclusively practiced workers compensation?
3.  Have you ever been disciplined by the Lawyers Professional Responsibility Board?
4.  How many staff members do you have to assist me in my workers compensation?
5.  How often do you actually take a case to hearing if necessary?
6.  Can you guarantee I will win my case?

Let me answer those questions for you!

1.  Over 20 years.
2.  Over 20 years.
3.  NEVER, in fact I have been called multiple times by attorneys and investigators with the LPRB with questions regarding best practices in a workers compensation case while investigating some of the very lawyers whose websites you may have visited.
4.  2 lawyers, 2 paralegals and an investigator who are dedicated to your Minnesota Workers Compensation claim.
5.  We try dozens of cases every year when a reasonable settlement can not be reached.
6.  No and anyone who tells you otherwise is a liar.

I urge you to call and speak to a few different lawyers and find one that works best with you.  Ask the questions I have listed above.  You will know whether I'm the best lawyer for you and if I'm not, I promise to give you the names of other excellent lawyers who may be able to help you with your claim.  We want you to be happy with your choice and assured that you have an attorney with EXPERIENCE to assist you with you Minnesota Workers Compensation Injury!

There is a never a fee unless we recover benefits for you.  Call today to see whether we can help you with your claim.  651-333-3636 or visit our websites for more useful information.  www.mndisability.comhttp://www.mndisability.com/blog/

Minnesota Workers Compensation Indpendent Medical Examinations. Guess What? They Aren't Independent!

Every week at Atkinson Law Office and Minnesota Disability we receive notices that our clients are scheduled for independent medical examinations, "IME".  We send notices out to our clients advising them that the IME is usually a precursor to every disputed Minnesota Workers Compensation claim.  Below are some suggestions that we provide our clients.

1.  Don't Be Intimidated By An IME
2.  Be Prepared To Answer The Doctors Questions TRUTHFULLY!
3.  Answer Every Question To The Best Of Your Ability
4.  Make Sure You Consult An Attorney Before You Attend

Don't Be Intimidated By An IME

Easy for me to say right?  Well I have attended two allegedly independent medical examinations and by following my rules, one of the doctors actually found my injury to be caused by my work activities.  A rareity but it does happen.  Be polite, don't be a jerk, and know that whatever happens, you have the right to contest the findings if they are unfavorable with the assistance of your attorney and own doctors.

Be Prepared To Answer The Doctors Questions Truthfully

Don't wing the IME.  Go prepared.  This isn't the time to guess how you may have been injured or the circumstances regarding your treatment, etc.  Review your medical records, discuss the facts pertaining to your injury with your attorney.  Be PREPARED!

Answer Every Question To The Best Of Your Ability

Most clients report that the independent medical examination takes no more than 10-15 minutes and the doctor has little interest in hearing about how the injury occurred. Don’t be discouraged simply try your best to answer any questions asked.  Don’t exaggerate or fake your symptoms. This can be discovered during the physical exam and will destroy your case.

Make Sure You Consult An Attorney Before You Attend

There is never a cost to consult an attorney AND if you retain an attorney we can NOT and do not charge you a fee unless there is a dispute.  And even then the fee is paid by the employer's insurance company.  A free consultation means just that...it's free.  Give one of our experienced attorneys a call today at 651-333-3636.   At Atkinson Law Office we have over 40 years of combined legal experience just waiting to assist you.

I Need A Minnesota Workers' Compensation Attorney. But How Do I Chose With So Many Choices?

You have a lot of choices out on the internet for a lawyer to assist you with your Minnesota workers' compensation injury.  I believe that you need an attorney who limits his/her practice to workers compensation.  Ask yourself whether the lawyer and law firm also practice personal injury, family law, criminal law, and wills.  Do you really want to a lawyer who practices workers compensation "part-time"?  Because if they advertise that they handle a wide range of legal matters, they have very little time to keep up on the ever changing laws that affect your case.

At Atkinson Law Office, P.A. and Minnesota Disability, we live, eat, and breath Minnesota workers' compensation.  Every year we recover millions of dollars in benefits for injured workers; including medical, wage loss, retraining assistance and monetary benefits for permanent injuries.  Though attorney Thomas Atkinson will litigate your matter on your behalf, we have a team approach in assuring we stay on top of your case day in and day out.

Nearly every one of our staff members has personal experience in the struggles of workers compensation injuries or has worked for work comp insurance companies before coming to work for our office.  They know the secret tips to obtaining benefits for you.  Whether you have had a back injury or such from chronic pain, we are ready to assist.

Contact Atkinson Law Office and Minnesota Disability today at 651-333-3636 and visit our website for more information.  You can also submit your questions online by following this link.  Remember your consultation is FREE and there is never a fee until we recover benefits for you.

Should I Particpate In A Minnesota Work Comp Mediation?

Has your attorney suggested that you participate in a mediation of your Minnesota Workers' Compensation Claim?  Over the past 20 years that I have participated in work comp claims, I have witnessed first hand the increasing use of meditations with excellent success.

Work comp litigation can involve significant costs over months and years with an uncertain end in store for both sides.  Even if the parties go to a hearing with a workers compensation judge, the "Findings and Order" are generally limited to the disputes up through the date of the hearing.  I too have had a work injury and agreed to mediate my workers compensation disputes through the use of a mediator.  Though I go to hearing or conferences before judges on an almost weekly basis in my practice representing injured workers, most injured workers like myself, find the mediation outcome worthwhile.

Why mediate a case when I can go to a hearing instead?  The number one reason is you may not like the outcome which can rarely be overturned on appeal.  Typically if you go to hearing and lose, your case is finished and though you may convince yourself that you went to trial for the "principal" of the matter, that's not always the best rational.  The mediators job is to bring the parties together in an effort to find common ground and come up with a settlement that, though both parties may not be thrilled with, is still satisfactory.

Meditations can be performed by excellent private mediators such as Joan Hallock, Dan Lively, Mike Aafedt, Mike Forde and Peter Pustorino.  These are all former workers compensation attorneys and/or judges who are hired by the parties to mediate disputes.  Another possibility is to utilize the services of the Minnesota Department of Labor and Industry or in some cases use sitting work comp judges at the Office of Administrative Hearings in St. Paul.  I have had meditations with all four judges who currently mediate matters at OAH and with most of the mediators at DOLI.  In my experience they all have their place depending up the particular facts or clients.

If you are not represented by an attorney and the insurance company recommends or suggests settlement, I strongly urge you to contact an experienced workers compensation attorney who may recommend mediation as a method to explore resolution of your dispute.  At Atkinson Law Office, P.A. and Minnesota Disability we have a staff and attorneys whose past experience in representing insurance companies is put to use in supporting YOU the injured workers.  Let us show you the secrets the insurance companies won't.  Contact us for a free consultation at 651-332-8792 or visit our main website www.mndisability.com today!

Minnesota Workers Compensation Shutdown 2011 Update

I am pleased to share with our readers Specialmaster Kathleen Blatz has recommended and Ramsey County Chief Judge Kathleen Gearin has agreed to reopen parts of Minnesota Workers Compensation system.  The Order has led to a series of workers' compensation judges and staff being recalled.  Today 4 judges; Schultz, Knight, Brenden and Rieke began going through stipulations for settlements, scheduling NOID conferences and preparing to schedule hearings on expedited medical disputes such as surgical requests.  I learned today that 4 other judges will join them tomorrow ramping up the return for going through the mountain of accumulated paperwork.  It is hoped that with the start of today's special session called by Governor Dayton, business will be back to normal soon....but not soon enough for many injured workers.  If you have any questions regarding your workers' compensation benefits the attorneys at Atkinson Law Office and Minnesota Disability are waiting to assist you with a FREE initial consultation.  If we are able to assist you after the consultation there is NO charge until we recovery benefits for you.  Continue to visit our Blog and visit our other site, www.mndisability.com or contact us at 651-332-8717 or 800-933-5619.

Best Minnesota Workers Compensation Attorney - You Just Found Him

When choosing a workers compensation attorney it is extremely important that you chose one that has at least 10 years of experience LIMITED to work comp! You may ask yourself why is it important, perhaps a lawyer with only a few years is "hungry" and will be willing to dedicate more time to my case. Hogwash. A lawyer who handles car accidents, dog bites, and general personal injury simply doesn't have time to keep up with the fast changing workers compensation laws. Every year the Minnesota Legislature and the Department of Labor make changes to the laws that affecting your benefits. Your date of injury, however determines which benefits you get. Many of my younger colleagues may try hard, but they may miss important benefits that only an experienced work comp attorney has previously litigated for decades.

There is no retainer required when hiring a workers compensation lawyer and there is NEVER a fee unless we obtain a recovery on your behalf. Even then, our attorney fees are paid directly by the insurance company. Call us and let our office show you how we can help you today! Thomas Atkinson 651-333-3636 www.mndisability.com

Who Pays For The Medical Bills For My Workers Compensation Injury?

Under Minnesota's workers compensation laws, an employee sustaining a work related injury is entitled to reasonable and necessary medical treatment. Given this rule many injured workers assume that the Minnesota employer and workers’ compensation insurer will automatically pay for the injury and the related medical expenses. This is unfortunately often not the case.

Many injured workers then go without treatment which allows the same employer and workers compensation insurer to allege that the lack of treatment is an indication you were NOT injured or injured that bad. Given some cases can take anywhere from a few months or even up to a year before a judicial determination is made on the dispute, it is VERY important that you find some way to get the treatment you deserve and need.

If you have private health insurance and your workers compensation claim or treatment has been denied, Minnesota law requires the health insurer to provide coverage under their policy and seek reimbursement from the workers compensation insurer. Many of my clients have overlooked this right as nobody who works for the insurance company is willing to share this secret.

If, however, you are without health insurance you are not alone. Nearly 700,000 Minnesotans receive health care through the state’s three publicly funded basic health care programs — Medical Assistance (MA) — Minnesota’s Medicaid program, General Assistance Medical Care (GAMC) and MinnesotaCare. For more information click here. Even with these programs in place,over 453,000 Minnesotans go without health insurance according to the U.S Census Bureau.

The Minnesota Department of Human Services (DHS) administers these programs and pays all or part of enrollees’ medical bills for:

Medical Assistance (MA) (Minnesota’s Medicaid program) is the largest of the health care programs, providing health care coverage and prescription medication coverage for a monthly average of 507,000 low-income senior citizens, children and families, and people with disabilities in fiscal year (FY) 2007.

General Assistance Medical Care (GAMC) provides medical care for a monthly average of 33,000 (FY 2007) low-income Minnesotans who don’t qualify for MA or other state and federal programs — primarily low-income adults, ages 21 and 64, who do not have any dependent children.

MinnesotaCare is a publicly subsidized program for Minnesota residents who don’t have access to affordable health care coverage. In order to eligbile you must meet the following:

• Have a Social Security number or be willing to apply for one (unless you have religious objections);
• Live in Minnesota;
• If you are an adult and do not have children living with you, or if your children are over age 21, you must have lived in Minnesota for six months;
• Be a U.S. citizen or non-citizen lawfully residing in the U.S.;
• Not have other health insurance now or have had health insurance (including Medicare), for at least four months except for Medical Assistance enrollees whose health insurance premium was paid for by Medical Assistance; and
• Not be able to get health insurance through an employer who offers to pay at least half the monthly cost.

Assistance in applying can be found here.

The only way an injured worker can get back to work is to get the necessary medical treatment. If you find yourself without medical insurance and the workers’ compensation insurer refuses to pay for your medical treatment, look into contacting the state and/or county for assistance. MinnesotaHelp.info is another great resource for help.

If you have been injured at work, attorney Tom Atkinson is more than willing to discuss your claim. There is NO obligation and he is willing to review your case to ensure you are properly receiving all the benefits you have coming to you. Contact him directly at 651-324-9514 or visit his web site at www.mndisability.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 Don't Live In Minnesota But Was Injured In Minnesota While Working For An Out of State Employer. Do I Have A Minnesota Work Comp Case?

YES! I represent many clients whose only connection to Minnesota is the unfortunate fact that they were injured here. I have represented truck drivers, roofers, and even insurance adjusters who were injured while working for out of state employers while performing their jobs in Minnesota. Without exception if you were injured while in MINNESOTA you are entitled to Minnesota Workers Compensation benefits. Though you may have the choice to elect another jurisdiction, there are very few jurisdictions which provide comparable benefits to Minnesota.

Conversely, if you are a Minnesota resident working for a Minnesota company outside of Minnesota you may also be entitled to Minnesota Work Comp benefits even if your injury occurred across the globe! The court will look at the following criteria:

Extraterritorial Application. If an employee who regularly performs the primary duties of employment within this state receives an injury while outside of this state in the employ of the same employer, the provisions of this chapter shall apply to such injury. If a resident of this state is transferred outside the territorial limits of the United States as an employee of a Minnesota employer, the resident shall be presumed to be temporarily employed outside of this state while so employed.

Temporary employment outside Minnesota. If an employee hired in this state by a Minnesota employer, receives an injury while temporarily employed outside of this state, such injury shall be subject to the provisions of this chapter.

It is important to note that even if you have already initiated a claim for workers compensation benefits in another state you still may be able to pursue a claim in Minnesota courts for benefits. Contact an experienced workers compensation attorney such as myself, Thomas Atkinson at 651-333-3636 or visit my website TODAY. www.mndisability.com I look forward to discussing your case.

My Employer Sent Me To Their Doctor Following An Injury. Is This Right?

NO, this is not ok! You have the absolute right to choose your doctor and you should do so immediately. If you believe that the companies doctor is acting in your best interest, you are very wrong! Company doctors often have contractual relationships with employers and are encouraged to return an injured employee back to work as soon as possible regardless of the nature and extent of their injury. Minnesota workers compensation laws allow YOU, the injured worker, the right to chose an doctor or health care provider at your employers expense (regardless of whether you have health insurance).

If you do not have a family physician or chiropractor and sustained a work related injury, my office would be happy to assist you in finding a health care professional in your area and assist you in getting your benefits paid. Contact me, Tom Atkinson, today at 651-324-9514 or visit my website 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

My Workers Compensation Benefits Were Suddenly Stopped. What Can I Do?

Attorney Thomas Atkinson has authored numerous articles on the subject of the receipt of Notices of Intent to Discontinue (NOID) Workers Compensation benefits by injured workers in articles published in my blog and national publications such as The American Bar Association Journal and US Law Blog.

At Minnesota Disability and Atkinson Law Offices we believe that your receipt of a NOID signals the single most important time for injured workers to contact an attorney. Neither Tom nor any other Minnesota attorney will charge you a fee for merely discussing this document. If you are an injured working currently receiving wage loss benefits YOU WILL RECEIVE a NOID in your mailbox within the next few months guaranteed! When you receive the NOID you have very little time to act to preserve your right to receive ongoing wage loss benefits. These documents usual follow an “independent medical examination” or return to work slip obtained by pressuring a treating physician to return you work.

Remember that release you signed allowing the insurer to contact your health care providers, well the “nurse case manager” employed by the insurance company earns his/her job by getting you released finished with treatment and returned to work as fast as they can. You should NEVER allow a nurse case manager to assist with your file. They have no right to interfere with your doctor/patient relationship.

As soon as the Notice of Intent to Discontinue Benefits arrives in your mailbox you need to contact an experienced workers compensation attorney who limits their practice to workers compensation matters. Tom Atkinson has the number of the Minnesota Department of Labor employee who sets conferences to contest NOIDs on the speed dial of his phone! Tom will arrange for an expedited conference to your discontinuance action immediately. Contact Tom Atkinson at 651-324-9514 or email me at tom@mndisability.com Feel free to visit my website at www.mndisability.com

I Have A Spinal Cord Injury Because Of A Work Injury. What Can Be Done To Help Me.

Spinal cord injury cases can involve significant costly damages both medically and monetarily. It is extremely important that the injured party receive proper representation by an experienced workers compensation attorney familiar with these injuries. In the past Atkinson Law Offices and Minnesota Disability have represented individuals with serious spinal cord injuries including quadriplegic spinal cord injuries.

In serious accidents the spinal cord can be damaged, anywhere from the neck down through the lower back. The spinal cord is designed to transmit both feeling and control between the brain and the rest of our body. If a traumatic event damages the spinal cord, communication between the brain and other parts of the body can be cut off, resulting in varying levels of paralysis and loss of function. These injuries can be devastating to the injured party and his or her loved ones.

Spinal cord injuries fall into two category types, complete and incomplete. A complete injury is associated with the total loss of function below the level of injury. In such cases there is no sensation, nor voluntary movement below the level of injury. An incomplete injury is characterized by partial function below the level of injury. An individual suffering from incomplete paralysis can experience an array of symptoms including partial voluntary control, feeling in areas that cannot be controlled voluntarily, or the ability to control one side of the body and not the other.

How an individual’s body is affected by a spinal cord injury is generally dependent on the level of injury. Typically, the higher up a spinal injury occurs, the more widespread the effect on the body. Usually, cervical (neck) injuries result in quadriplegia, involving loss of function in both the upper and lower extremities. Injuries above the C-4 vertebrae may even require use of a ventilator to assist with breathing. C-5 injuries can result in retention of shoulder and upper arm control, but a lack of control in the lower arm and hands. C-7 injuries usually allow some level of control in the hand and fingers despite problems with dexterity.

Lower level spinal damage that occurs in the thoracic level and below can result in paraplegia. Paraplegia is generally associated with the loss of use of the legs. However, paraplegia can also result in a myriad of other conditions including: poor muscle control in the trunk, dysfunction of the bowel and bladder, sexual dysfunction, blood pressure problems, inability to properly regulate body temperature, and chronic pain.

Finally, spinal cord injuries can result as a consequence to admitted cervical thoracic and lumbar back injuries. Occasionally during surgery damage can result to he cord or main nerves. The resulting damage is also considered a work injury as long as the underlying treatment is work related. If you sustain a work related spinal cord injury, attorney Thomas Atkinson is ready to assist you provide you with advice and recommendations to assist you with your recovery. Workers compensation benefits including nursing services, reimbursement for family care, home remodeling and other benefits are reimbursable under Minnesota’s Workers Compensation statute. Contact Tom at 651-3224-9514 or tom@mndisability.com You can also visit his website at www.mndisability.com

Minnesota Workers Compensation Tools, Rules and Guidelines

Have you ever been puzzled by the abbreviations and acronyms used by your attorneys discussing your workers compensation benefits? Below I have listed some common workers’ compensation abbreviations and the meanings:

TTD: TEMPORARY TOTAL DISABILITY’. Workers compensation wage loss benefits available to injured workers who are off work completely due to their injuries.

TPD: TEMPORARY TOTAL DISABILITY. Workers’ compensation wage loss benefits available to injured workers who are working at a wage loss due to their injuries.

PTD: PERMANENT TOTAL DISABILITY. Workers’ compensation wage loss benefits available to injured workers who are completely and totally disabled from returning to substantial gainful employment as the result of their work injuries. This term does not necessarily mean FOREVER, just for an indefinite period of time.

PPD: PERMANENT PARTIAL DISABILITY. Workers’ compensation monetary benefits available to workers who have suffered a permanent injury.

MMI: MAXIMUM MEDICAL IMPROVEMENT. The date after which no further significant recovery from or significant lasting improvement to a personal injury can reasonably be anticipated, based upon reasonable medical probability, irrespective and regardless of subjective complaints of pain

QRC: QUALIFIED REHABILIATION COUNSELOR. A QRC provides rehabilitation services to workers who are unable to return to their pre-injury employment.

NOID: NOTICE OF INTENT TO DISCONTINUE. A specific form filed by an insurer or employer when they intend to discontinue an injured workers’ benefits. YOU ARE STRONGLY URGED TO CONTACT AN ATTORNEY AS SOON AS YOU RECEIVE THIS NOTICE IN THE MAIL!

NOPLD: Notice of Primary Liability Determination. A specific form filed by an insurer or employer indicating its initial decision regarding its liability for an injured workers’ claim.

FROI: First Report of Injury. A specific form that an employer must fill out following an injury.

RCD: Request for Certification of Dispute. A specific form filed by an employee or their attorney to certify a dispute regarding medical or rehabilitation services.

SOAF: Statement of Attorney Fees. A petition filed by an employee’s attorney for approval of attorney’s fees in some cases.

NOA: Notice of Appearance of Attorney. Notice filed with the Department of Labor and Industry notifying the Department that an attorney is involved with a workers’ compensation case.

NOBP: Notice of Benefit Payment. A form filed by the workers’ compensation insurance company indicating payment of benefits.

WC: Workers’ Compensation.

WCCA: Workers’ Compensation Court of Appeals.

WID: Worker ID Number. New in 2008, the Minnesota Department of Labor begins replacing social security numbers with WID numbers. A WID number is assigned to workers in lieu of using the worker’s Social Security Number for purposes of identification.

AWW: AVERAGE WEEKLY WAGE. Used to calculate the amount of wage loss benefits an injured worker is entitled to.

SAWW: Statewide Average Weekly Wage. Used to calculate the maximum compensation rate.

EE: Employee.

EER or ER: Employer.

IR: Insurer.

TPA: Third-Party Administrator. Work comp. insurers frequently use TPA’s to administer their workers’ compensation programs.

FCE: Functional Capacity Evaluation or Examination. An evaluation to determine an injured workers’ capacity for physical activities.

IVE: Independent Vocational Evaluation or Examination. An evaluation to determine an injured workers’ vocational abilities.

RTW: Return to work.

PT: Physical Therapy.

ROM: Range of Motion.

TBD: To be determined.

DOI: Date of injury.

DOL: Date of loss.

OAH: Office of Administrative Hearings. In Minnesota the main offices are in St. Paul and Duluth.

DOLI: Department of Labor and Industry.

SSDI: Social Security Disability Insurance.

IME: INDEPENDENT MEDICAL EXAMINATION. An examination conducted by a doctor hired by the employer or workers’ compensation insurance company. The examination should actually be called an ADVERSE EXAMINATION given there is nothing independent about it. This doctor is NOT your treating doctor and is a hired “gun” by the employer and insurance company.

ADR: Alternative Dispute Resolution, including mediation or arbitration.

At Minnesota Disability and Atkinson Law Offices, Attorney Thomas Atkinson will gladly answer any of your workers compensation questions. With nearly two decades of workers compensation experience, including years an attorney for the same insurance companies denying your benefits, he can help you maneuver the system to your advantage. Contact him at 651-324-9514 or visit www.mndisability.com

I Have An Admitted Injury, Do I Really Need An Attorney?

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! So does it happen or can it happen; theoretically I suppose it can.

Let me give you an example. One of my clients had to fight his case to the Minnesota Supreme Court just to get his injury admitted as a work related injury. This case is now very famous here in Minnesota and you would think with all of the hard work it took to get him his benefits, the insurer would be careful to pay all benefits due on a timely basis.

His former attorney is now retired and 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.

One would think that the insurer would have paid the minimal amount of permanent partial disability owed to this employee who is now permanently and totally disabled. I’m here to tell you that despite paying for five shoulder surgeries and a back surgery, 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.

There are 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 who believe in a “don’t ask don’t tell” policy.

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

How Do I Pay For An Attorney If I Don't Have Any Money?

This is one of the shorter sections I will discuss in my blogs because the law is very simple. First, it is ILLEGAL and UNETHICAL for an attorney to request a retainer to represent you in a Minnesota Workers Compensation matter! Do the attorney’s work for free? No, each and every attorney who you may call will charge the same amount as required by Minnesota Statute. You can “shop around” in an attempt to find a bargain, but you won’t find one. Unlike a personal injury attorney who may vary their fee and often charges 33% to 40% of your recovered damages, the fees for workers compensation attorneys are far less and more uniform.

Attorney fees are simply deducted directly from money benefits paid to the injured worker on a “contingency” basis using a state-imposed formula of 25% of the first $4,000 recovered and 20% of the next $60,000. The maximum fee is usually $13,000. Attorney’s fees on medical or vocational disputes are NEVER paid by the injured worker. Minnesota law requires the employer and insurer to pay the attorney directly when there is a dispute regarding medical benefits or vocational rehabilitation.

Under this system you will NEVER pay a retainer or send a check to your attorney as the result of representing you in a workers’ compensation case. The attorney will simply file a request for release of attorney fees at some point AFTER he/she obtains benefits on your behalf. The fees will then be released by the insurer to the attorney directly after he/she files a Statement of Attorney Fees and compensation judge Orders said release and payment. There is no bait and switch as every injured attorney is paid in the same manner.

At Minnesota Disability and Atkinson Law Offices you will be retaining an attorney who has limited his practice to workers compensation and injured worker disputes for nearly two decades. If you shop around, look for an attorney who has at least a decade of significant workers compensation experience to assist you AND will provide personal attention to your matter! Call attorney Tom Atkinson directly at 651-324-9514 or email him at tom@mndisability.com

I Have Been Scheduled For An Independent Medical Examination, Now What?

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 gave me 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".

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 returned within a few hours. Don't be afraid to contact me after hours as I do take all calls.

My Employer Won't Complete An Incident Report or First Report of Injury, What Should I Do?

What If My Employer Didn’t Complete a First Report of Injury?

 

First Reports of Injury refer to a workers compensation form that is required by the Minnesota Department of Labor to be completed whenever there is ANY work related injury.  In my practice I have seen literally hundreds of instances where a First Report of Injury for a workers compensation injury was intentionally not completed.  In many of those instances the Employer believes they can save money and avoid an increase in their insurance rates by continuing the Employee’s pay (in some instances) and covering the medical expenses under the Employee’s health insurance.  Unfortunately this is not only illegal, but also it often turns into a defense by the Employer that the injury never occurred.

 

As an injured worker if your Employer refuses to turn in a First Report you have the absolute right to complete a copy yourself.  Unfortunately, injured workers are often fearful that doing so will result in termination of their job.   This usually doesn’t occur, but if itdoes, there are strict civil remedies separate from your workers compensation rights that can be pursued.  I often suggest the following to my clients the following; “A work injury will likely affect you for your entire life.  Employment, no matter how well it is going today, usually only lasts for a few years.”

 

I strongly urge you to protect your health for the sake of yourself and your family.  Even if your injury is years old and your Employer never completed the First Report of Injury, in many instances a workers compensation claim can still be made.  I can review your case and will usually be able to advise you of the same during our first meeting. 

 

I represent injured workers at Atkinson Law Offices and Minnesota Disability.  My entire practice is focused on sharing the secrets and tips that the workers compensation insurers refuse to tell you.  In almost every instance where I meet with a client, I find a benefit that is overlooked and not being properly paid.  Whether you have an admitted or denied injury, I would be happy to discuss your case with you.  You can reach me directly at 651-324-9514.  Remember there is NEVER EVER a fee unless you recover a benefit.  This means there is no retainer or payment ever made by you to me!