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.  

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

I Can't Afford A Minnesota Workers Compensation Attorney. Really?

I get about a dozen phone calls each week from workers who have been injured at work and want a free consultation.  In most cases, I simply provide free advice and explain some questions regarding their case and leave them my cell phone number should they have any future concerns.  Occasionally, however, there are some who should have contacted me months or even years ago. 

Don't assume that the internet, work comp blogs, your family and friends or your old personal injury attorney has the CORRECT answers to your questions.  Minnesota Workers Compensation is a very specialized area of the law.  A personal injury attorney who handles a few cases every year is in no way an expert.  Your family or friends workers compensation case may be very, very different than yours based upon the facts of their case.  You may be entitled to far more benefits then they received.

Experience also matters in finding an attorney.  The internet is the great equalizer.  Some firms like Fields Law Firm advertise that they are the biggest law firm in Minnesota and yet I have never seen the firms namesake, Steve Fields, at the Office of Administrative Hearings where I have been to thousands of times over the past 21 years.  Other attorneys claim they are the most respected workers compensation attorneys in our state and yet rarely handle workers compensation matters. 

I want you to call the lawyer whom the firm is named after and ask him or her how many cases they have PERSONALLY gone to hearing at the Office of Administrative Hearings AND appearances before the Workers Compensation Court of Appeals in 2014.  The answers may shock you.  At Atkinson Law Office, both Kerry and Tom Atkinson have taken cases to hearing every month in 2014.  We have also appeared before the Minnesota Workers Compensation Court of Appeals as well.  Every week I personally make multiple appearance at the Office of Administrative Hearings for settlement conferences, discontinuance conferences, medical dispute conferences, vocational rehabilitation conferences, meditations, and/or hearings. EVERY week!

Finally, there is NEVER a fee to contact an attorney and discuss your workers compensation case.  Atkinson Law Office will not require you to pay a retainer fee or send us payment at ANYTIME during your case.  We get paid directly by the insurance companies when benefits are disputed.  Can you afford NOT to contact an experienced law firm and attorney like Thomas Atkinson.  Visit us today for a free consultation.  www.mndisability.com or call 651-333-3636, 24 hours/day, 365 days/year.

Why Do Herniated Discs Hurt My Arm Or Leg Rather Than My Low Back Or Neck? This Makes No Sense.

Though I am an expert Minnesota workers compensation attorney, I am also a former injured worker.   I have undergone 2 low back surgeries and a cervical spine surgery in the last 22 years.  What I have learned from these personal experiences is that yes sometimes a herniated disc in the low back can hurt the low back area, but they can also result in symptoms in your lower extremities (buttocks, legs, feet and toes).  Likewise, cervical spine injuries can also result in symptoms into your upper extremities (shoulder, arms, hands, and fingers).  Patients and clients are often confused when their doctors tell them they have suffered a back or neck injury and yet they only have pain their arms or legs.  Please don't be confused, your confusion is common.

Though the scanned MRI image I have attached to this blog is not my own, it could very well be mine.  This image shows both signs of healthy discs, degenerative discs, and herniated discs.  Each disc is made of a tough out ring called an annulus and a soft inner core called a nucleus.  Think jelly donut.

The white colored top discs are healthy discs.  You will note they are what spine surgeons refer to has round, plump "jelly donuts".  As we move down we see the 4th disc from the top bulging and the disc below that, a herniation.  This is when the "jelly" ruptures out the side of the disc and can impinge on a nerve or the spinal cord resulting in significant injury.  The L4, 5 and S1 discs (the lower three) are black or very dark.  These represent degenerative discs.  In the more extreme cases, the black space is almost gone and the bones appear to be touching.  This condition can result in considerable back pain and can in some cases necessitate a fusion surgery.

If you have performed heavy, repetitive lifting activities at work and you develop a disc injury of some kind, please speak to an experience expert Minnesota workers compensation attorney.  You may have sustained what is referred to as a Gillette injury and you may be entitled to free medical care, lost wages, permanent injury damages and in some cases retraining.  Our consultations are absolutely FREE!  There is never a fee unless we recover benefits.  Please note that every one of our attorneys as over 20 years of personal injury experience.  If you speak to other lawyers ask them how long they have practiced law and how long they have practiced exclusively workers compensation.  Their fancy misleading websites can be smoke and mirrors.  Contact the work comp experts of Atkinson Law Office today.  651-333-3636 and visit our website at www.mndisability.com

Do You Have To Attend A Minnesota Workers Compensation Independent Medical Examinations?

"Independent Medical Examinations" are very rarely independent.  As my friends from WWO Law demonstrate in the video they created, most IME doctors have an agenda.  First an foremost to supplement their income by conducting hundreds of exams a year.  One doesn't have to be a work comp expert to realize IME physician have a monetary interest to find NO work injury or a temporary injury at best. 

Though I only represent injured workers, I'm a former insurance company attorney.  IME's are set up by work comp insurance adjusters with the sole purpose to deny or limit your Minnesota workers compensation benefits.  Unfortunately Minnesota law requires that you attend your independent medical examination if it is within 150 miles of your home.  The insurance company must pay for your travel to and from the examination.  When you arrive at the examination do NOT fill out any paperwork other than provide your identification.  Be polite and respectful even though you know this doctor is likely to misrepresent the extent of your injuries and perhaps even outright lie.  If you have a well experienced workers compensation attorney he/she will be familiar with the doctor and know how to attack the doctor's credibility.  We may have even deposed the doctor previously or have past workers compensation decisions where the IME doctor was found not credible.

Minnesota workers compensation is a complex area of law that general practitioners, personal injury attorneys and young lawyers with pretty websites occasionally think they can handle.  The truth is that it takes many years to become familiar with the laws, opposing attorneys, judges and independent medical examiners.  At Atkinson Law Office we specifically limit our practice to workers compensation and have done so for over 25 years.  We offer free consultations and you will never pay a fee unless we obtain benefits for you.  Visit our website at www.mndisabiilty.com or call us from across the state of Minnesota at 651-333-3636

Should You Choose A Minnesota Workers Compensation Attorney Based On A Website?

NO.  Let me emphasize this; absolutely NOT.  Websites are useful to obtain answers to some of your questions and to get a sense of the law firm but you really need to look for answers to the following questions and if you don't find them, BEWARE.

Questions & Answers

1.  Does the lawyer or law firm specialize in Minnesota workers compensation?  

Minnesota does not recognize a "specialty" in workers compensation but out of the few hundred lawyers that attempt to handle workers compensation, only a few limit their practice to work comp.  These people are known affectionately as "comp heads".  If you had a DUI would you trust a lawyer who handles a couple of DUI cases a year, in addition to drafting wills, handling personal injury cases and doing the occasional divorce?  Then why would you want a lawyer whose website promises to handle you with any legal issue you may have or is a general "personal injury" attorney.

2.  How many years has the lawyer been practicing law?

Experience matters.  There is a prominent  law firm that advertises on radio, television and the internet with approximately 4 lawyers.  The firms "work comp lawyers" have a total combined legal experience of just over 10 years total.  That's an average of 2.5 years each.  They are very nice people, but if you've just sustained a work injury...would they really be the ones' to call?  Who is supervising these lawyers?  I don't think a workers compensation judge in our state would even recognize the lawyer whose last name graces the firm's letterhead if he walked into a workers compensation court.  Another lawyer on the internet advertises himself as "The authority for workers compensation in Minnesota for more than 30 years".  Really? Up until last year I had never heard of him and I know EVERY single workers compensation lawyer across then entire state of Minnesota...and they know me.  Ask the lawyer; "How many years have you been licensed to practice law?" Next ask, "How many years have you been practicing exclusively workers compensation?"  I have over 21 years experience practicing exclusively Minnesota workers compensation.  If your lawyer doesn't have significant workers compensation experience RUN and find a lawyer who does.  Experience matters.

3.  Does the lawyer have experience as a defense attorney, insurance adjuster or even as an injured worker?

There are a few excellent lawyers who have only represented injured workers during their career.  I would argue that in some cases, a lawyer with experience as a former defense attorney, workers compensation adjuster or one who has even sustained a contested workers compensation injury brings an entirely different perspective and skills to a case.  Having been a defense attorney for nearly 15 years before opening my firm and limiting my practice to injured workers, I'm able to share secrets I have learned from the insurance companies.  Why they deny claims, how the evaluate settlement, what are the weaknesses of their medical experts.  Having sustained a work related back injury requiring surgery, I also understand first hand the fear and anxiety associated with work injuries.  Experience matters.

4.  Does the lawyer have a true team to support them? 

Is your lawyer supported by his wife who answers his calls, sorts the mail and types the letters?  Does the lawyer have employees with any relevant personal workers compensation experience?  Does the lawyer even have a "team".  Atkinson Law Office has investigators and paralegals with real relevant experience.  One of our members is a former workers compensation adjuster with a specialty in construction related injuries.  Another member has undergone 2 low back surgeries after falling off a ladder at her prior employer.  ALL of attorneys Kerry Atkinson, Dana Gerber and Tom Atkinson are FORMER insurance company lawyers who know the secrets that insurance companies don't want you to know.  Because we are often in court or depositions, our staff works as a team to assist you with answers to your questions.  You are free to contact ANY of our staff to assist you should another member be unavailable at the time of your call.  Our combined experiences have combined to create one of the most formidable workers compensation law firms in Minnesota.  Experience matters.

5.  Has the lawyer ever been disciplined? 

 Lawyers can make mistakes, but when they make serious mistakes they can be disciplined by the Minnesota Supreme Court.  This link will assist you searching your lawyers background.

Low Back Injury At Work? What To Do If You Have A Minnesota Work Related Back Injury.

Every week our staff of trained professional Minnesota workers compensation lawyers and paralegals receive calls from Minnesota workers suffering low back and neck injuries.  This article answers the question; When should you contact a medical professional? 

Our attorneys understand that sustaining work related low back and neck injuries can be financially devastating and emotionally stressful.  Injured workers often have more questions than answers.  Our experienced lawyers can help. Atkinson Law Office and attorney's Tom Atkinson and Kerry Atkinson have handled thousand of Minnesota workers compensation cases involving lumbar spine and cervical spine injuries over the past 20 years.  When an injured worker sustains any of the following symptoms, we strongly urge that they immediately seek medical treatment:

• Back pain after a severe fall or blow
• Blood in your urine or burning with urination
• Loss of control over urine or stool (often referred to as incontinence)
• Pain traveling down your arms to your fingers or legs below the knee
• Pain that is worse when you lie down or that wakes you up at night
• Warmth, redness or swelling on the back or spine
• Severe pain that does not allow you to get comfortable; ie sitting, standing or sleeping
• Weakness or numbness in your buttocks, thigh, leg, or pelvis

Though we are not medical doctors we have personal experience with both neck and low back injuries.  Aside from our experiences working with injured workers, Tom Atkinson has unfortunately undergone both neck and low back surgeries due to work injuries.  These experiences are often very helpful in providing advice and guidance to other workers who have sustained similar work injuries.  Let the attorneys and staff of Atkinson Law Office share our work comp experience today.  Call for a free consultation.  651-333-3636 and visit our website at www.mndisability.com for additional information regarding Minnesota work injuries.

Welcome to MN Disability's Minnesota Workers Compensation Blog

Minnesota Disability was founded with the sole goal of representing disabled and injured individuals living in Minnesota and Western Wisconsin. When Minnesota Disability represents a client, we take charge in preparing all the proper forms, filing the necessary papers, obtaining the medical and vocational evidence needed to support your claim, and aggressively pursue a favorable decision as our only objective. We have decades of experience in handling workers compensation cases from the administrative decision level up to the Minnesota Supreme Court. We also represent individuals who may be qualified to receive disability benefits from the United States Social Security Administration. In many of our Social Security cases, our clients never have to go to the Social Security office.

We are not a general practice law firm; rather, we focus on representing individuals in social security disability and Minnesota workers' compensation matters. By limiting our practice to these two specialties, Minnesota Disability will provide you with an experienced and focused approach to your issues. Minnesota Disability provides better service than general law firms or non-attorney disability groups. We don’t draft a will in the morning and fight traffic tickets in the afternoon. We are licensed attorneys that do one thing: represent injured and disabled individuals. We know disability, and we want to represent you.

Thomas Atkinson

Attorney Thomas Atkinson has over 2 decades of experience in handling workers' compensation disability matters. Tom brings a unique experience to his practice in previously representing employers and insurers in his practice AND having personally fought with these same insurance companies to obtain workers' compensation benefits for himself. This experience transformed his thinking. He understands the fear that comes when bringing a claim against one’s employer as well the frustration in dealing with a system that can appear stacked against the injured worker. Though Tom’s practice is now limited to representing the injured worker, he understands the “tricks” and tactics used by insurers and can use these experiences to your benefit. Tom runs a very efficient practice that allows personal attention to your matter. He is willing to meet with you anywhere in the metro area, or you can meet at his St. Paul location. You may contact Tom at 651-333-3636 or tom@mndisability.com or visit our website at www.mndisability.com.  There is never a fee unless we recover benefits for you.