Will A Work Comp Claim Create An Adversarial Relationship With My Employer?

Unlike a car accident or a dog bite, when you have a work related injury the claim is brought against your employer.  There is a fear that "suing" your employer will result in your termination or other forms of retaliation.  Is this legal?  The answer is absolutely not!  An employer is subject to significant civil penalties for terminating or discriminating against an employee for reporting or bringing a workers compensation claim.  This is a separate claim from the workers compensation claim.  It's a civil action heard in district court and brought before a jury.  The work comp claim will be a separate claim brought before an administrative law judge, no jury and usually on an expedited basis in comparison to a civil case. 

If you have sustained a work related injury and believe your employer is discriminating against you for filing a claim, contact the lawyers of Atkinson Law Office today.  We will review your workers compensation claim AND advise you as to the likelihood of successfully pursuing a claim against your employer for discrimination.  Please do NOT let your employer bully or intimidate you from bring a Minnesota workers compensation claim.  There are time constraints for initiating a claim for work comp benefits and treatment.  Visit our website Free Minnesota Workers Compensation Law Center or call today at 651-333-3636.  We represent clients all over Minnesota and throughout the US who have sustained work related injuries.  Visit our website today

But My Minnesota Work Comp Case Is Closed. Usually You Are Wrong!

You know the saying, "if I had a nickel for every time..." someone called thinking their Minnesota workers compensation case was closed I would be a rich man. 

Here are the facts; in Minnesota a workers compensation judge MUST approve any settlement entered into between an insurance company and an injured worker.  If you have never had an attorney it's very unlikely your case is really "closed".  More likely, the insurance adjuster paid your permanent partial disability and closed your case.  In some cases, even though you had an attorney assisting with your claim, your case may also still be open! 

At Atkinson Law Office, we have reopened hundreds of these "closed" cases over the years.  In one instance recently we recovered an additional $200,000 in workers compensation benefits.  The client was astounded and frankly so were we.  How did this happen you may ask?  We were assisting a client with a social security disability application.  In preparing for the application we learned that one of his past back surgeries was work related.  He assumed that because he had an attorney and received a lump sum from the insurance company his case was closed. 

We conducted an investigation and within 2 weeks we learned he never actually settled his work comp case and all of his benefits remained open.  What he thought was a settlement was actually payment of permanent partial disability.  We subsequently filed a claim for permanent total disability arguing successfully that his prior work related back injury was substantially contributing to his inability to work.

Injured workers are entitled to wage loss, vocational assistance, medical benefits and permanent partial disability.  Though we don't have "pain and suffering" we are a no-fault benefit system.  Even if you could be deemed negligent in causing or contributing to your injury you are entitled to full compensation under Minnesota workers compensation laws. 

If you have a new or old workers compensation case, we would be happy to review your file and help you learn about missing benefits and compensation.  Call us at 651-333-3636 and visit our website www.mndisability.com . We have represented thousands of clients throughout Minnesota and across the United States who have sustained Minnesota workers compensation injuries.

Do NOT Hire A Minnesota Work Comp Lawyer Who Is A Poser or Dabbles In The Law

The Minnesota workers compensation bar (the lawyers who regularly practice workers compensation law) is a very small group made up of a few dozen lawyers.  However, there are many more lawyers who handle other types of cases including family law, immigration, bankruptcy and criminal law who occasionally handle a Minnesota workers compensation case.  You may wonder how they can possibly keep up with the ever changing laws in order to properly represent their client.  The answer is they don't and they can't.

The Dabbler

For over 25 years I've practiced exclusively in workers compensation.  Many years ago, I also represented insurance companies and employers; I don't anymore.  I would often come across these "dabbler" lawyers as I called them who would actually ask me to teach them how to handle a work comp case.  In other words, an injured worker's lawyer asked the defense lawyer how to do best represent their client.  It's true, sadly it's true.  How do you think that turned out?  Not well for the client.

The Poser

Workers compensation laws are not uniform for injured workers across Minnesota.  Different dates of injury can result in dramatically different benefits and many lawyers don't know this simple fact.  What often happens is that an injured worker gets a referral from a family friend to a lawyer they know, or are drawn into a pretty website that states "Minnesota's Top Attorneys For Injured Workers".  Often some of these lawyers and law firms rarely, if ever, handle workers compensation cases.  For example, if you are considering representation by Fields Law Office, call the office and ask to speak to Steve Fields.  If you are already represented by Fields Law Office, ask that Steve Fields personally handle your case, attend your deposition and handle your hearing, and let me know how that goes.  Though there are lawyers at Fields that are dabblers, one would think that the firm namesake would regularly or even occasionally handle a workers compensation case himself.  Right?

Experience and personal attention matters.  Don't hire a "dabbler" and don't hire a "poser".  Hire a lawyer who personally handles workers compensation cases day in and day out.  One who meets clients, handles your deposition, and goes to court for you.  The lawyers of Atkinson Law Office are workers compensation Super Lawyers who have been recognized as such because we are experts in the field.  We try cases to hearing, the Workers Compensation Court of Appeals, and the Minnesota Supreme Court.  We are called upon by groups across the state to lecture and speak about workers compensation issues.  If you would like a Super Lawyer to represent you, contact Atkinson Law Office today at 651-333-3636.