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