Falling Concrete Killed Excavation Worker at New St. Paul Ballpark Site.

Though I often Blog about work injuries, occasionally their are horrific tragedy such as todays death of a union heavy equipment operator in St. Paul.  As reported in the Minneapolis StarTribune today,

"A worker sitting in the cab of a backhoe was killed Tuesday morning when concrete fell on him during demolition at the site of a new ballpark in St. Paul a construction executive said.

The death of John Valek, 61, of Plymouth, occurred about 8 a.m. while he and others were tearing down and clearing the site of the old Gillette/Diamond Products building, a former 650,000-square-foot factory in Lowertown St. Paul.

“As heavy equipment operators were demolishing a building, a portion of the concrete structure supporting the building fell onto the cab of one of the backhoes involved in the demolition work,” Collin Barr, president of the Midwest region for general contractor Ryan Cos. said in a statement issued about 8 hours after the incident. “The accident resulted in the death of Johnny Valek.”

Excavation began in July at the site in the 300 block of 5th Street, near Interstate 94 and Hwy. 52, and was slated to last four months.

Fire Marshal Steve Zaccard described Valek’s death as sudden and came when he was hit by a piece of concrete measuring roughly 10 feet by 30 feet.  The excavation work was being done by Rachel Contracting, of St. Michael, Minn. Executives with the subcontractor were not immediately available to comment.

Randy Valek said his brother had more than 25 years of experience in construction. He said his brother had recently talked about what a tough job this demolition was.

“You got to watch out any time you’re around any equipment,” Randy Valek said.

At Atkinson Law Office we have handle many such death cases.  One would think that these cases are straightforward, but often issues arise as to dependency benefits, spousal retraining benefits, and death benefits.  If you or a loved one sustains a work related injury, one of our very experience lawyers is waiting to assist you.  Call today at 651-333-3636 or visit us at www.mndisability.com 

Minnesota Workers Compensation Claims For PTSD / Post Traumatic Stress Disorders.

Post traumatic stress disorder is classified as an anxiety; the characteristic symptoms of which are not present before exposure to a violently traumatic event. Typically the individual with PTSD persistently avoids all thoughts, emotions and discussion of the stressor event and may experience amnesia for it.  However, the event is commonly relived by the individual through intrusive, recurrent recollections, flashbacks and nightmares.  The characteristic symptoms are considered acute if lasting less than three months, chronic if persisting three months or more, and with delayed onset if the symptoms first occur after six months or some years later. PTSD is distinct from the briefer than acute stress disorder and can cause clinical impairment in significant areas of functioning.

Causes

PTSD is believed to be caused by the experience of a wide range of traumatic events and, particularly if the trauma is extreme, can occur in persons with no predisposing conditions.  Persons considered at risk include combat military personnel, victims of natural disasters, and victims of violent crime.   PTSD can also be caused from those suffering work place injuries or being involved in traumatic work place incidents.  You do NOT necessarily need to sustain a physical injury in Minnesota to be found to have sustained an injury.  Individuals not infrequently experience "survivor's guilt" for remaining alive while others died. Causes of the symptoms of PTSD are the experiencing or witnessing of a stressor event involving death, serious injury or such threat to the self or others in a situation in which the individual felt intense fear, horror, or powerlessness.  Persons who are employed in occupations which expose them to violence firefighters, police officers, construction workers or disasters are also at risk.

The lawyers at Minnesota Disability and Atkinson Law Office have a combined experience of over 40 years working with injured and disabled individuals.  Both Tom and Kerry Atkinson have previously defended employers and insurers and now exclusively represent injured workers.  Our consultations are absolutely FREE.  Call today at 651-333-3636 for a free consultation.  Remember there is never a fee unless we recover benefits for you.  Also visit us at www.mndisability.com 

Minnesota Workers Compensation Mental Health Injury Benefits Expand In 2013.

A bill was signed by Gov. Dayton on May 16, 2013 that has changed the way workers' compensation claims have been handled for over three decades.  Minnesota now allows mental-mental injuries involving PTSD or post traumatic stress disorders.  This means that you do NOT need a physical injury in all cases to have a work related injury.  If your medical doctor or psychologist diagnosis's that you have suffered a work related mental health injury in the nature of PTSD, you may be entitled to wage loss benefits, free medical care, and in some cases even free retraining benefits.  

The new law however is very specific as to what is and what is not covered.  The definition of an occupational disease was revised to include mental impairment. Mental impairment is defined as post-traumatic stress disorder diagnosed by a licensed psychiatrist or psychologist.  The statute states that for the purpose of workers’ compensation, "post-traumatic stress disorder" means the condition as described in the Diagnosis and Statistical Manual of Mental Disorders. 

At Atkinson Law Office, P.A. and Minnesota Disability, we represent injured workers with Minnesota workers' compensation injuries every day.  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 attorneys Thomas Atkinson and Kerry 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.

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. 

What Is Complex Regional Pain Syndrome (CRPS) And What Causes It?

Complex regional pain syndrome (CRPS) is a complicated chronic pain condition that produces significant disability and dysfunction. In a majority of cases, CRPS follows acute trauma or major injury to an arm or leg. Surgery, such as carpal tunnel decompression, can also trigger CRPS. It may also be triggered by a minor injury, such as a strain, sprain or laceration, or spinal cord injury. 

CRPS usually affects the upper or lower extremities, although it can affect other areas of the body as well. The main symptom is constant pain, intensely burning and often out of proportion to the severity of the initial injury. Other symptoms may include dramatic changes in the color and temperature of the skin over the affected limb or body part, skin sensitivity and tenderness to touch, sweating, changes in skin texture, changes in hair and nail growth, swelling and stiffness in joints, and decreased motor ability, especially in the affected body part. Tremor and muscle spasm may develop, and edema of the affected limb can be marked. Muscle atrophy and joint contracture may occur, and bones of the limb can become osteoporotic. 

The cause of CRPS is not entirely understood, although in some cases is thought to stem from dysfunction of the sympathetic nervous system that controls blood flow and sweat gland activity. While it is normal for the sympathetic nervous system to respond to injury, the response normally quiets down as healing occurs; however, in individuals with CRPS, it can remain active despite a lack of ongoing trauma. 

At Atkinson Law Office, P.A. and Minnesota Disability, we represent injured workers with Minnesota workers' compensation injuries every day.  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 attorneys Thomas Atkinson and Kerry 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. 

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.