You Just Suffered A Work Related Rotator Cuff Injury. What Should You Do Now?

There are many different types of shoulder injuries but as with all injuries, you need to report your injury to your supervisor or manager immediately.  Then seek medical attention and PLEASE for your sake tell everyone you see at the hospital or clinic how the injury happened at work.  Document, document, document! If you are given work restrictions, save a copy for yourself and give a copy to your employer. 

There are three common shoulder injuries; rotator cuff, tendonitis and dislocation.  This article will deal with rotator cuff tears.


Rotator Cuff Tear

The rotator cuff is made of muscles and tendons that hold the shoulder in place.  A rotator cuff injury, such as a tear, may happen suddenly such as when falling onto an outstretched arm or develop over time with repetitive activities.  The later is referred to as a Gillette injury in Minnesota.  Both of these claims are compensable Minnesota workers compensation injuries.

There are many common symptoms of a rotator cuff tear though injured workers may experience symptoms differently.  The most customary symptoms often include:

• recurring pain especially with common activities
• difficulty sleeping on the injured side due to pain
• grating or cracking sounds with movement of the arm
• difficulty moving your arm
• noticeable arm weakness

If you have sustained a work related rotator cuff tear or injury contact Atkinson Law Office and Minnesota Disability immediately.  We can advise you of your rights for FREE.  You have the right to wage replacement, you can choose your own doctor, you are entitled to wage loss benefits, and more.  For your free consultation call 651-333-3636 today.  We represent clients across the entire state of Minnesota and those outside of our state who suffered injuries while working for Minnesota employers.

You Are Employed By A Minnesota Employer And You Were Hurt At Work. What Should You Do?

We get this question almost every week.  One of the many concerns employee's have is that they will be considered a "traitor" or no longer a "team player".  Some employees even worry that they could be terminated for reporting a work injury.

If you have suffered a work injury DO NOT give in to the pressure.  You may think the injury will pass so as directed by the supervisor you tell the ER or doctor that the injury happened at home and in exchange the employer promises to cover all your medical bills.  Well that is illegal AND as soon as the condition becomes worse the employer no had documented proof that the injury did not happen at work and you and your doctor are the witnesses.  Please don't lie for your employer.  I have seen so many employees burned by this trick. 

Report the injury to your supervisor, human resources and/or the safety director.  I prefer emails as they create evidence of the notice of injury.   If you need to seek emergency medical attention do that first, but then contact your employer as soon as possible. It's important that you document the nature and extent of your injuries and how the injury occurred.  If there was no "specific injury" be sure to describe you work activity in the days, hours and moments before you notice the symptoms.  If your employer will not complete a First Report of Injury (FROI) form, the attorneys and paralegals at Atkinson Law Office and Minnesota Disability are happy to assist you for FREE.  We can provide you with the proper form, assist you in completing it and then file it with with the Minnesota Department of Labor and Industry.  Feel free to contact us at 651-333-3636 and visit us at our website www.mndisability.com   There is never a fee to meet with us and we only collect a fee if benefits are recovered 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.

You Have Been Injured At Work. What Should You Do First.

Under Minn. Stat. § 176.141 Minnesota workers’ compensation case law, an employee must give notice of injury no more than 180 days after it becomes reasonably apparent to the employee that the injury has resulted in, or is likely to cause, a compensable disability.  For years it was believed that an employee who sustained a work injury over many months or years did not have to advise their employer of a work injury until their doctor gave them expert medical advise of the same.  However late this summer the Minnesota Supreme Court decision Anderson v. Frontier Communications.

In Anderson v. Frontier Communications, the employee claimed a repetitive trauma injury known as a "Gillette" injury to his low back injury from his work as a lineman from 1986 through 2007. He employee did not initially seek medical treatment for his back condition until 2007. At trial the employee admitted he knew that his work activities were aggravating his low back problems in 2007. His doctors did not place any restrictions on him and the injury was not reported to the employer. The employee went off work for low back surgery in 2007. After soliciting reports from his surgeons in May 2009, nearly two years after the last day he worked, the employee gave written notice of his injury to the employer.

The Supreme Court created a new rule that essentially means that if you are injured you MUST notify your employer within 180 days that you were injured regardless of how minor your injured may initially be.  If you cut your hand, get a sliver in your eye, twist your back, sprain your knee tell your supervisor or employer safety director immediately.  Due NOT wait, hoping it gets better.  If your supervisor won't get you a form to report the injury, call my office and we will do it for FREE!  YES FOR FREE!

At Atkinson Law Office and Minnesota Disability we have an award winning team of staff and lawyers with decades of experience working with injured workers.  Our telephones are answered 24 hours a day/7 days a week.  Your consultation is free and there is never a fee unless we recover benefits.  And we have staff to assist you filling out First Reports of Injury to protect your right to Minnesota Workers Compensation benefits.  Call today 651-333-3636 in the Twin Cities or throughout the entire state of Minnesota.

Important Tips For Injured Workers From A Former Insurance Company Attorney.

You have just been injured at work, what should you do?  Advise a supervisor and seek medical treatment TODAY!  Don't assume it will get better!  Don't be pressured by your employer to claim the injury didn't happen and work regardless of what they say.  I have heard employers promise to pay for the treatment themselves, tell the worker that the business will lose their contract or lay off employees because of the claim.  These are all TRUE lies that I have heard in the last few years.

After you report he injury to your employer and seek medical attention be sure to do the following:

1.  Contact an experienced work comp lawyer...Seriously I don't care if your claim is admitted, contact an attorney to be sure you are receiving all the benefits you are entitled under law.  Consultations are always free whether the lawyer is the best in the Minnesota (Atkinson Law Office) or the worst firm (yes their are bad work comp lawyers).
2.  Save copies of all claim-related documents, forms, medical bills, benefit checks, letters, hand written notes, emails;
3.  Be sure to obtain appropriate work restrictions from your doctors and provide copies to your employer;
4.  Keep your supervisor and employer up to date with your work restrictions;
5.  If you have been out of work or working reduced hours for more than 2 months, request a QRC to assist you with return to work advice and to guide you with you medical treatment.  This is another time to contact a lawyer to ask advice on which QRC you have the right to chose;
6.  Keep track and request reimbursement of ALL out of pocket expenses including mileage driving for any and all medical appointments;
7.  If the insurer schedules you for an IME (independent medical examination) you absolutely should contact an attorney if you ignores step 1 above.  This could very well result in the immediate end to your work comp benefits!  I can't stress this enough.

Contact the attorneys at Minnesota Disability and Atkinson Law Office today for a free legal consultation.  651-414-0678 where your calls are answered 24 hours a day, every day of the year.  A lawyer will either speak to you immediately or within a few hours.

Minnesota Workers Compensation Benefits - Part One

1. What happens when I get injured at my job?

Tell your employer immediately. Be sure to report your injury to your supervisor. If you need to seek emergency medical attention do that first, but then contact your employer as soon as possible. Your employer will complete a First Report of Injury (FROI) form, so be sure to give your employer accurate and complete information about how you were hurt and about any injuries you sustained.  Do NOT give a recorded statement.  After you seek medial attention NOW is the time to get your free legal consultation with Minnesota Disability. 

2. What types of injuries are covered by workers' compensation?

A work-related injury can be any condition that is caused, aggravated or accelerated by employment activities.  This means pre-existing injuries that your work activities aggravate or accelerate are still work comp injuries.  This is one of the most common mistakes made by injured workers.  This includes traumatic injuries, gradual injuries or occupational diseases.

3. What benefits might I be entitled to if my claim is accepted?

Some benefits you might receive include wage-loss benefits, compensation for loss of use of a part of the body, medical benefits, vocational rehabilitation and retraining.  At some point in your injury you will be set up to meet with a QRC (qualified rehabilitation counselor).  This is another excellent time to get your free consultation with Minnesota Disability.  Choosing the right QRC who is actually neutral is critical to your claim.  We can help you in selecting one who best fits your injury, location and you needs.  One size does NOT fit all.

4. What medical treatment is covered by workers' compensation?

The Minnesota workers' compensation statutes entitle an employee to reasonable and necessary medical treatment or supplies to cure or relieve the effect of the work injury. The employer is required to furnish medical treatment as described by Minnesota Statutes 176.135, subd. 1, including psychological, chiropractic, podiatric, surgical and hospital treatment.

5. Can I treat with my own physician?

Employees may choose their health care provider for treatment of a work-related injury. An employer may require an employee to see a designated health care provider for treatment in only a few unique and special circumstances.   Do NOT be intimidated by your employer!  At Minnesota we strongly encourage injured employees to seek immediate medial attention with their established family physician rather than being directed by their employer or workers compensation insurer.  Please contact Minnesota Disability and Atkinson Law Office to determine whether one of the few exceptions applies to 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

My Employer Won't Complete An Incident Report or First Report of Injury, What Should I Do?

What If My Employer Didn’t Complete a First Report of Injury?

 

First Reports of Injury refer to a workers compensation form that is required by the Minnesota Department of Labor to be completed whenever there is ANY work related injury.  In my practice I have seen literally hundreds of instances where a First Report of Injury for a workers compensation injury was intentionally not completed.  In many of those instances the Employer believes they can save money and avoid an increase in their insurance rates by continuing the Employee’s pay (in some instances) and covering the medical expenses under the Employee’s health insurance.  Unfortunately this is not only illegal, but also it often turns into a defense by the Employer that the injury never occurred.

 

As an injured worker if your Employer refuses to turn in a First Report you have the absolute right to complete a copy yourself.  Unfortunately, injured workers are often fearful that doing so will result in termination of their job.   This usually doesn’t occur, but if itdoes, there are strict civil remedies separate from your workers compensation rights that can be pursued.  I often suggest the following to my clients the following; “A work injury will likely affect you for your entire life.  Employment, no matter how well it is going today, usually only lasts for a few years.”

 

I strongly urge you to protect your health for the sake of yourself and your family.  Even if your injury is years old and your Employer never completed the First Report of Injury, in many instances a workers compensation claim can still be made.  I can review your case and will usually be able to advise you of the same during our first meeting. 

 

I represent injured workers at Atkinson Law Offices and Minnesota Disability.  My entire practice is focused on sharing the secrets and tips that the workers compensation insurers refuse to tell you.  In almost every instance where I meet with a client, I find a benefit that is overlooked and not being properly paid.  Whether you have an admitted or denied injury, I would be happy to discuss your case with you.  You can reach me directly at 651-324-9514.  Remember there is NEVER EVER a fee unless you recover a benefit.  This means there is no retainer or payment ever made by you to me!