Injured Workers Furloughed Due to Covid 19? Can I Get Minnesota Workers Compensation Benefits?

We are answering calls from Minnesotans who have been laid off, furloughed and whose jobs have been terminated.  To most, unemployment is a short term solution, but for those who have permanent work injuries, workers compensation benefits are the long term solution.  You may be eligible for wage loss benefits, assistance in finding work or even free retraining payments that include wage and child care assistance.  If you have sustained a work related injury the work comp expert lawyers with Atkinson Gerber Law are meeting new and prospective clients in person, by telephone and video meetings every week.  Our large conference rooms and state of the art systems allow in person, video or phone meetings.

We are currently representing many workers who sustained Covid-19 related work injuries.  Our lawyers are widely respected experts in Minnesota Workers Compensation.  Contact our experts today and you will be able to speak to a lawyer immediately. Contact us today WORKCOMPLAWYERS.COM or call 651-333-3636

I Suffered A Work Injury And Now I Need Surgery. What Should I Do?

Though I'm a workers compensation attorney first and foremost, I also consider myself an advocate for informed health care decisions. Following my own work injury many years ago, I have undergone multiple back surgeries over the years (knock on wood I'm doing very well). Because of the same, injured workers are often drawn to me for this very reason. I can relate to what they are going through when making informed decisions about whether to proceed with a surgery. This brings me to surgeries performed on older injured workers. I share this story as another resource (click here)  in the decisions you make. If you are an injured worker and a surgeon has recommended surgery, never be afraid to seek a second opinion.  You get one chance at this decision!  Inform and educate yourself to make the best decision for you and your family.  

How To Choose A True Minnesota Workers Compensation Expert Attorney.

You have sustained a work injury in Minnesota and you want to know what to expect or what benefits you are entitled to.  What do most injured workers do when they need an attorney?  They ask friends, family or like most people you go onto the internet and research Minnesota Workers Compensation.  Unfortunately as I have stated on previous blog posts there are lawyers who exaggerate their expertise in workers compensation or are "posers".  They dabble in work comp or they are filled with "baby lawyers".  Here is a free checklist to use when interviewing a Minnesota workers compensation attorneys.  If any of the following answers are NO, you owe it to yourself and family to continue searching for the right attorney for you.

1.  Has the attorney practiced law for at least 10 years?  Would you have a surgeon just out of medical school operate on your child?  They may be smart, but they don't teach "experience" in law school.  Choose experience because it really does matter.

2.  Does the attorney specialize in workers compensation? - Workers compensation is an extremely specialized area of the law with laws that are constantly changing.  I have personally handled workers compensation cases exclusively for nearly 30 years.  I cringe when I get calls from injured workers who hired a "posers" or baby lawyer and soon realize the mistake they made.  It may not be too late to change.  In some special circumstances we will assist these injured workers change attorneys.

3.  Has the attorney taken a case to hearing before a judge at Minnesota Office of Administrative Hearings every single year they been an attorney.  Why is this important?  It demonstrates the attorney is not a dabbler who handles work comp some days and family law and criminal matter on others.  It also shows that the attorney isn't afraid to take a case to a formal hearing and fight for their client when necessary.  I know an attorney who claims to "specialize" in work comp for over 10 years but has NEVER gone to hearing.  And guess what?  Every single defense attorney and insurance adjuster know who these attorneys are.  Even experienced personal injury attorneys are can be guilty of being work comp dabblers.  You've seen these firms advertise on TV or on billboards...dabblers.  Not a single top Minnesota work comp lawyer advertises on TV or has a billboard?  Why because they don't need to advertise to get clients.  Clients are often referred to Atkinson Law Office by other attorneys and doctors.

4.  Take lawyer ratings with a grain of salt.  Workers compensation disputes are very emotionally charged and frustrating.  Just like any relationship there may be times when you and your attorney do not agree.  Lawyers make recommendations and clients make decisions outside of the courtroom.  When they differ it may be time to find a new attorney.  In addition, many internet lawyer review sites are "anonymous" so some lawyers hire companies to leave good ratings...or poor ratings for others.  It's unethical but not enforced by many professional oversight boards.

5.  Listen to your gut instincts.  Don't hire an attorney just because they were the first one to take your call or they sound nice.  After asking the attorney the above questions and they answer YES to all three of the first test questions AND you seem to have a good rapport or ability to speak to them, you have found an attorney to potentially hire.  I often encourage injured workers I meet for the first time to talk with other lawyers.  I will even go so far as to suggest other lawyers who have the same expertise and high ethical standards as we do.  In the end we want you to have a "good fit" with an expert Minnesota workers compensation attorney.

If you want a free consultation regarding your work injury contact the work comp experts at Atkinson Gerber Work Comp Experts at 651-333-3636.

Can I Receive Social Security And Minnesota Workers Compensation Benefits? YES.

If you are currently receiving Social Security Disability benefits and have an old work injury with permanent restrictions, contact our office TODAY.  We have recovered hundreds of thousands of dollars for SSDI recipients merely by reviewing their old Minnesota workers compensation files and in some cases there old settlement documents.  If you don't have your documents call Atkinson Law Office, we can obtain a copy of those documents from the State of Minnesota on your behalf.

How do we do this?  We investigate whether your old work injury is a substantial contributing cause to your permanent disability.  If it is, in some cases we can bring a claim for permanent total disability for your workers compensation claims, regardless of whether it occured last year or 20 years ago.  We know how to do it and have done it many times, often recovering tens of thousands of dollars in benefits.

Do you have to pay Atkinson Law Office up front to review your documents or pursue your claim?  The answer is always the same; NO!  We only get paid if we obtain benefits for you.  Visit us today at Atkinson Law Office. 651-333-3636.  Our lawyers are Minnesota workers compensation experts who have all been named as Super Lawyers

Does Minnesota Have Pain and Suffering For Work Injuries?

Minnesota workers compensation provides a different form of "damages" then one would receive in a personal injury accident such as a car accident or medical malpractice claim.  The reason is that "negligence" is not a factor in determining the cause of the injury or damages.  It's not relevant whether your co-worker or employer are negligent or that your injuries prevent you from doing the personal or social activities you did before your injury.

You can expect to receive lost wage benefits, vocational assistance to keep or find a new job, payment of your medical expenses and a small payment for any resulting permanent disability.

When I meet with new clients I'm always up front and tell them that these benefits may not seem fair, because in many instances they are not.  Especially when your employer or co-worker were grossly negligent.  I agree, Minnesota's workers compensation system is not fair.  I had a work injury too; a low back surgery many years ago.  After being off of work for months, being forced to give up activities I loved, having to hire people to perform household chores I can no longer perform, I received a small sum of money for my troubles.  Yep, it isn't fair.

Our lawyers ensure that even if you believe you are receiving all of the benefits listed above, you are receiving the proper amount.  Often the basis for your wage loss is incorrect, or you are directed by the insurance company or your employer to treat only with a particular doctor who doesn't have your best interest in mind.  Everyone who has a work injury should take 30 minutes to speak to an experienced work comp expert.  Not a "dabbler" or "baby lawyer".  At Atkinson Law, we specialize in workers compensation, we have over 60 years combined experience and year after year are chosen as Super Lawyers by our peers and judges.  Call today for an appointment.  651-333-3636.

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.  

My Minnesota Workers Compensation Lawyer Retired, Is My Case Closed? Who Will Help?

Every year a few Minnesota workers compensation attorneys retire or pass away.  In this past year a few lawyers stopped practicing law; Dennis Atchison, Chris Middlebrook, Bill Krueger and Carter Bergen.  These were fine lawyers who did excellent jobs representing their clients and will be missed by their colleagues and clients. 

If your former attorney is no longer practicing law or you are unable to locate him or her Atkinson Law Office is here to assist you.  We have a long reputation assisting the former clients of lawyers who no longer practice workers compensation.  For many years Atkinson Law Office has been chosen by retiring lawyers to handle their practices after retirement.  Just as many esteemed lawyers have trusted Atkinson Law Office, you too can rely on our firm.  We are experts in obtaining and recovering old workers compensation files and settlement papers. 

One of the most common misunderstandings that injured workers have following a work injury is the belief that their case is "settled".  However, upon further investigation only a small part of the case is resolved or settled.  In some cases our research finds that there was never a settlement despite the injured worker's belief that their case settled. 

There is never a charge for us to review your old file or settlement papers to determine what if any claims remain open.  Atkinson Law Office has recovered hundreds of thousands of dollars in benefits that were "lost" due to unfortunate misunderstandings. 

If you would like to one of our attorneys to review your olf file, call today at 651-333-3636.  We have lawyers available 24 hours a day/ 7 days a week to help you.  For more information view our website www.mndisability.com .

I Suffered A Minnesota Workers Compensation Injury. Do I Need Back Surgery?

Though I've been a Minnesota workers compensation attorney my entire legal career, that's the very same question I asked myself nearly 20 years ago.  Do I need lumbar spine surgery.

I was injured at work and despite conservative care, my radicular leg and back pain left me unable to sleep and barely able to function.  Over time I grew frustrated, short tempered and frightened about my future.  Despite being a young lawyer, I was worried that I wouldn't be able to do my job given my inability to sit or stand for extended periods of time; a prerequisite to being a trial lawyer.  I was taking narcotic medications that left me fuzzy at best and only took the edge off my pain.  I want to share with you what I've have learned over the past few decades since my injury and lumbar spine surgery.

Over the years I have handled or represented over a thousand cases involving spinal cord injuries.  I'm unique in being the only Minnesota work comp attorney who has sustained a spinal cord work related injury.  In fact, I have undergone three spinal surgeries since 1992.  Lucky me right?  Twentyfive years later spine surgeries have dramatically changed and in most cases improved.  During this time I have seen aggressive use of lumbar and cervical fusions, the introduction of artificial discs, and development of spinal cord stimulators.

Most lawyers are hesitant to offer advice on surgery because they haven't had the same.  Though I'm a workers compensation attorney, I feel obligated to be a "counselor" as well.  I encourage my clients to explore conservative treatment and only enter into the decision of spinal surgery after the same.  I also make sure that they understand that though surgery can relieve their symptoms, in rare situations their conditions could worsen.  I offer the names of physicians and clinics that have a proven track record of having, "good hands, good heads and good hearts".  I consider myself lucky that my surgeries have turned out extraordinarily well.  I am 100% pain free.

I often blog that not all workers compensation attorneys are equal and that experience matters.  This applies to orthopedic surgeons and neurosurgeons as well.  Like some lawyers I know, a surgeon may come across as confident and a smooth talker.  This doesn't mean they are either good in the courtroom or in the operating room.  Surgeons can be overconfident of their talents and fail to communicate or even know the long term outcome of their surgical patients.  Very few have patient follow up beyond 3-6 months post surgery.  If the patients having ongoing or worsening pain and are non surgical there is usually nothing a surgeon can offer you and they wash their hands with you.  In fact, in many cases the last time you see your surgeon is just before the surgery or while recovering at the surgical center or hospital.  Often follow up care is performed by nurse practitioners or physicians assistants.  Remember; "good hands, good heads and good hearts".  It's rare to find a surgeon with both.

If you sustained a work injury and want to discuss the surgery, I'm happy to sit down with you for free and listen and discuss with you your options.  A decision to undergo surgery is a personal decision and I will never tell you to do the same.  I will simply share with you what I have experienced personally and in the thousands of workers compensation cases I have been involved with over the last 25 years.  With this information you can hopefully make a more informed decision of what is best for you and your family.  Contact us today at 651-333-3636 for a free consultations.  Every single one of our attorneys has been honored as a Superlawyer and is a workers compensation expert.  Visit us at www.mndisability.com for more information.  Also visit our video center for answers to many of your questions.  Our phones are answer 24/7 and in many cases you can talk to a lawyer anytime of the day or night.

Thomas Atkinson, Kerry Atkinson & Dana Gerber Once Again Honored By Super Lawyer Magazine.

Every year Super Lawyers magazine conducts an exhaustive selection process to recognize the very best lawyers in Minnesota.  Once again in 2019 our firms founder Tom Atkinson was selected as a workers compensation Super Lawyer.  In addition attorney Dana Gerber was selected as a Rising Star.  Finally, partner Kerry Atkinson was also recognized as a Super Lawyer.  At Atkinson Law Office, ALL of our attorneys are Super Lawyers whereas most of our competitors do not have a single lawyer honored by their peers and judges as Super Lawyers.  Finally Kerry Atkinson has once again been recognized by the Minnesota State Bar Association as a "civil trial specialist", one of the very few practicing Minnesota workers compensation experts honored with this recognition. 

All of the attorneys at Atkinson Law Office have a unique experience in that we all are former insurance company attorneys.  Having formerly represented employers and insurers we have learned ALL of the secrets that we share with our clients to help them maximize their workers compensation benefits.  We often receive calls from injured workers who are "kicking the tire" to learn about work comp.  We welcome those calls, we encourage those calls. What is surprising is how little most injured workers actually know about their rights to benefits AND how often the insurance company adjusters are improperly paying their claims and benefits.  In some cases injured workers like you are being directed to doctors that have secret relationships with the insurance company and aren't really looking out for you.  In others they are simply paying you the incorrect vocational rehab and wage benefits.

Every single day our Super Lawyers talk to clients like you and happily give them free advice, recommendations, share some secrets and send them on their way.  Unfortunately though more often than not we learn that benefits are being paid improperly or not at all.  We offer free consultations and our phones are answered 24 hours day, 7 days every week at 651-333-3636.  Learn more about our Super Lawyers and expert workers compensation attorneys at our website www.mndisability.com

Have You Received or Are Receiving PERA Retirement and MN Workers Compensation Permanent Total Disability Benefits?

You may be entitled to your share of MILLIONS of dollars in unpaid or underpaid workers compensation benefits. Recent changes to Minnesota law has resulted in unpaid benefits to thousands of public employees who have received or are receiving workers compensation permanent total disability benefits.

The workers compensation specialists at Atkinson Law Office have over half a century of combined workers compensation experience.  We are aggressively pursuing reimbursement of potentially large sums of money as the result of insurance companies illegally reducing your workers compensation payments by the amount of PERA (public employee retirement association) retirement benefits.  We can assist you in obtaining the benefits you or your loved ones are owed.  Our office specializes in Minnesota workers compensation.  Various lawyers at Atkinson Law Office have been recognized as Super Lawyers, rated as "10" by AVVO, and recognized as Civil Trial Specialists by the Minnesota State Bar Association.  Every year our lawyers have recovered millions of dollars in benefits to clients every years.

Contact the lawyers at Atkinson Law Office today at 651-333-3636 for a free consultation.  There is no fee unless we obtain recovery of lost benefits for you.  Visit our website today for more information www.mndisability.com

Does Minnesota Workers Compensation Provide For Pain and Suffering?

If you have sustained a serious injury while working for a Minnesota employer you may be entitled to what is called Permanent Partial Disability / PPD.  Often those who undergo surgery, lose a limb, or suffer another form of traumatic injury will likely be provided with a whole body permanency rating.  The rating are typically rated after the injured worker reaches maximum medical improvement / MMI (point at which no significant lasting medical improvement will occur).

In trying to understand PPD, you must accept that Minnesota's workers compensation is not fair.  The best you can hope for is a reasonable outcome and with the assistance of an attorney you can maximize your benefits.  Minnesota is on the low end as it pertains to payment of monetary damages for PPD in comparison to other states.  Pro Publica recently conducted a study that demonstrates that the national average for a lost leg is $150,000 and as high as $850,000 in states like Nevada.  However in Minnesota we only provide $48,000 in compensation for a lost leg.  Yes you read that right, if your leg is amputated you are limited to approximately $48,000 depending on how much you lost.  Granted you are also entitled to various wage loss benefits, vocational and retraining assistance and medical benefits which could result in an exceptional larger settlement of your claim, the PPD component is draconian at best.

If you have sustained a Minnesota workers compensation injury, the expert attorneys of Atkinson Law Office have over 50 years of combined experience in handling injury claims like yours.  Attorneys Thomas Atkinson, Kerry Atkinson and Dana Gerber are award winning attorneys dedicated to you.  They are all former insurance company attorneys waiting to share you the secrets that insurance companies don't want you to know.  Contact us today 24/7 at 651-333-3636

Can I Be Fired For Reporting A Workers Compensation Injury?

If an employer fires you or threatens to fire you for reporting a work injury they are in violation of Minnesota Statute 176.82; 

"Any person discharging or threatening to discharge an employee for seeking workers' compensation benefits or in any manner intentionally obstructing an employee seeking workers' compensation benefits is liable in a civil action for damages incurred by the employee including any diminution in workers' compensation benefits caused by a violation of this section including costs and reasonable attorney fees, and for punitive damages not to exceed three times the amount of any compensation benefit to which the employee is entitled. Damages awarded under this section shall not be offset by any workers' compensation benefits to which the employee is entitled."

It's rare that an employer is stupid enough to commit a violation of Minnesota law but it does happen from time to time.  I strongly urge injured workers to pursue these claims which we refer to as "82 Actions".  To deter an employee from filing a work injury is unconscionable as best and illegal at worst.  I have seen cases where employers, supervisors and co workers have actually convinced seriously injured workers to tell a emergency doctor that their injury did not happen at work.  Telling them the company will lose jobs, workers will lose bonuses, and they will "take care of you".  BULLSH!T They are liars.

If you have been injured at work ANY DELAY in reporting the injury or seeking treatment will often result in a denial of your claim by insurance companies and without an experienced lawyer your claim may also be denied by a workers compensation judge.  If you have been hurt the first thing you should do is seek medical treatment and tell the doctor exactly how you were hurt or the pain developed, then report the injury, and finally contact an attorney!  Consultations with any workers compensation lawyer are free and the good lawyers like those at Atkinson Law Office will never, ever pressure you to hire an attorney.  We explain your rights, recommend a course of action and YOU decide what to do.

If you have been hurt contact the Minnesota workers compensation experts at Atkinson Law Office today for a free, no obligation consultation.  Call us at 651-333-3636 and visit our website at www.mndisability.com.

Atkinson Law Office Welcomes Dana Gerber As Our Newest Attorney.

One of the areas that distinguishes the attorneys of Atkinson Law Office from all other Minnesota workers compensation firms is that we are former insurance company lawyers.  Our lawyers have over 60 years of combined legal experience.  Our lead investigator is a former workers compensation claims adjuster who specialized in construction injuries for over a decade. Some of our staff have sustained significant work injuries necessitating multiple surgeries just like you.  Now Atkinson Law uses these experiences and secrets we learned from the insurance companies and as injured workers to obtain the very best outcomes for our clients.

Our newest attorney, Dana Gerber, began her career representing injured workers while working for a firm that specialized in predominantly hispanic and latino clients.  Dana is fluent in Spanish and used her language and advocacy skills to obtain very satisfactory outcomes for her clients.  Dana left a few years later after being offered an opportunity to work with a highly regarded insurance defense firm where she could continue to grow her experiences and knowledge of Minnesota workers compensation. After nearly 5 years Dana missed the satisfaction that comes with representing injured workers rather than insurance companies.  Dana wanted to return to her roots as an advocate for injured workers like you.

Since joining our team Dana has quickly distinguished herself as a zealous advocate and successful trial lawyer.  Dana has quickly begun using the insurance company secrets she learned as a defense attorney with enormous benefits for our clients.  Dana has obtained numerous settlements including a recent settlement of nearly $150,000 and has tried many workers compensation cases on behalf of injured workers.  We are astonished but not surprised by her zealous and thoughtful approach to representing injured workers.  We are lucky to have her as a member of our team and we look forward to having her work with injured workers across Minnesota.

If you have been injured and want to speak to Dana regarding your work injury you can contact her directly at 651-333-3636 or email her at dana@mndisability.com  There is NEVER a fee for a consultation and you will never be billed for our services.  We represent injured workers on a contingent fee basis only.  We get paid by the insurance companies if we obtain benefits on your behalf.

Have You Suffered a TBI or Traumatic Brain Injury As The Result Of A Minnesota Workers Compensation Injury?

In the last two years we have probably been retained to represent more injured workers with TBI or traumatic brain injuries than the first 15 years of our practice combined!  Is it because more Minnesotan's are sustaining brain injuries on the job then previous years?  Or perhaps we more litigious than in past years?  The most likely reason is that we are all more in tune of the need to seek medical care after a head trauma or loss of consciousness due to news stories, media, the internet, or personal experiences.  In addition family physicians and other health care providers are better able to understand and identify the early warning signs of TBIs.  I have practiced law for nearly 25 year and in that time scientists and doctors have learned a great deal more about brain injuries.  One thing is certain, the brain is more vulnerable to injury than anyone previously thought.

Most TBIs occur through direct impact or force to the head, resulting in damage to the brain. Fortunately every blow to the head does not always result in a TBI.  Conversely, the severity of trauma does not always determine the severity of a TBI.

TBIs range in degree from severe to mild. In the most severe cases, the injured worker actually dies.  However, most of our clients come to see us as the result of persistent problems related to their TBI.   These problems include; memory problems, headaches, mood swings, depression, fatigue, difficulty concentrating and visual problems.  Often the injured worker has a history of non work related concussions and then a single trauma to the brain due to a work injury causes the ultimate breakdown.  Numerous studies demonstrate that multiple concussions increase the risk for long-term problems and have been linked to the development of delayed brain degeneration.  Each brain injury or TBI is exponentially more damaging to the brain then the previous one. 

TBIs affects the brain in two major ways. First, actual tearing and/or bruising of brain tissue and consequential bleeding within or surrounding the brain can occur resulting in brain swelling (think of the bruise you sustain after a twisted ankle). These injuries occur in more severe forms of TBI and are typically absent in mild TBIs.  Second is injury to microscopic nerve fibers (axons), which make up the “wiring” that connects nerve cells in the brain (neurons) to each other and to the rest of the body. This microscopic injury leads to many of the persistent problems which our TBI clients experience.

If you have sustained a traumatic brain injury or TBI, the attorneys of Atkinson Law Office can assist you in obtaining the treatment and workers compensation benefits you deserve.   Our lawyers currently represent many others with similar brain injuries.  We have obtained over $1,000,000 in benefits to brain injured worker in the past year alone and Millions of dollars more in the past 5 years.  There is never a fee unless we recover benefits for you.  Contact Atkinson Law Office today.  651-333-3636 and visit our website www.mndisability.com 

Your Surgeon Has Given You The Option Of A Cervical Fusion or Disc Replacement? Are Disc Replacements Safe?

Artificial disc replacements (ADR) are a relatively new surgical technique.  Let me emphasize that I am NOT writing on ADR uses for the lumbar spine.  I personally do not believe lumbar ADRs are successful as I have had a few clients with catastrophic results of lumbar ADR.  I currently know of no surgeons in Minnesota who are actively performing lumbar ADR.  Cervical ADRs on the other hand have had excellent results and are now becoming a widely adopted option to standard cervical fusions. 

I have previously blogged on the subject of cervical spine fusions and ADR surgery involves similar initial steps to anterior cervical discectomy and fusion.  The main difference is that after the disc is removed, a fusion is NOT performed. Instead, an artificial disc is inserted.  I recently attended a seminar involving the Mobi-C ARD in which the surgical technique was demonstrated by a surgeon.  It was clear that the ADR (artificial disc replacement) has certain advantage over anterior cervical discectomy and fusions.

Advantages - The key advantage is motion preservation as noted in the image above. Motion preservation may reduce long-term degeneration of adjacent discs, although this has not been conclusively proven.  As of the date of this article, cervical ADRs have only been used in Minnesota for approximately 7 years.  Other advantages include shorter recovery time, less complications, faster return to work and less wear and tear on adjacent discs. 

Disadvantages - There are certain FDA restrictions limiting use of the device to patients needing treatment to a single disc level.  However I believe some physicians are using a combination of ADR and solid fusion at adjacent levels. Lastly, this device has only been used for a relatively short time, and therefore we do not have good data on the long-terms results beyond approximately 7 years in the United States.

Whether you choose standard cervical fusions or ADR, it's often recommended that you obtain a second opinion from a board certified neurosurgeon or orthopedic surgeon who specializes in spine surgery.  Having undergone both cervical and lumbar surgeries myself, I'm happy to offer you my personal reflections on my surgical decisions and outcomes.  I am also here to assist you with any legal questions you may have pertaining to your open and active workers compensation claim.  Contact our office today at 651-333-3636.  Our lawyers are recognized as Super Lawyers and experts in the field of Minnesota workers compensation injuries.  Visit our website today at www.mndisability.com and enjoy a free complimentary consultation.

Following Your Work Injury Your Doctor Tells You That You Need A Knee Replacement. Now What?

Years after sustaining a ligament tear in your knee after a work injury, your doctor told you that you need a knee replacement.  What the heck is a knee replacement?  The term your doctor may use is "total knee arthroplasty"  This is a surgery that replaces the worn out and damaged surface of your knee joint with artificial hardware.  It is can be performed directly after you sustain your Minnesota workers compensation injury or even many years later.  Never assume that your old workers compensation case is closed when it comes time to any surgery!  Always consult an attorney.

There are two forms of knee replacement that your surgeon may offer.   The first is a total knee replacement and the worn surfaces of your entire knee are surgically removed and replaced with artificial joints. The second is a partial knee replacement.  This is performed where possible on injured workers with less widespread knee problems.  This surgery consists of repairing only parts of the damaged joint rather than the entire knee joint.

Though a knee replacement is a relatively common procedure, at Atkinson Law Office, P.A. we have found that many doctors perform a knee replacement surgery as a last resort.  Often your surgeon will try other methods to reduce pain and inflammation including medications, injections, and physical therapy.  If your pain and/or knee instability continues, this surgery often proves to be a successful solution. 

If you have sustained a knee injury of any kind, please contact Atkinson Law Office today.  Our attorneys have nearly 50 years of combined experience in work related and personal injuries involving knee injuries.  At any given time we have dozens of current clients like you who have similar knee injuries.  We know who are the best doctors in Minnesota and throughout the country to assist you.  Over the years our office has helped hundreds and thousands of injured workers like you.  There is NEVER a fee unless we recover benefits for you and you will NEVER personally write a check to our firm even in the unlikely chance that we can't assist you.  Contact us today at 651-333-3636.