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.

I Need A Minnesota Workers Compensation Lawyer. Who Is The Best Minnesota Work Comp Attorney For My Case?

Minnesota does not allow workers compensation attorneys to call themselves "experts".  However, there are vast differences in the quality and experience of Minnesota workers compensation lawyers for hire throughout our state.  Some attorneys are really "personal injury" attorneys who do workers compensation on the side.  Work comp is truly just a side practice for these firms or they will simply refer you to lawyers like myself who limit their practice to work comp.  Other law firms claim to do it all; divorces, wills, criminal law and would you guess workers compensation too?  I'm a strong believer in hiring a specialist.

At Atkinson Law Office and Minnesota Disability, we limit our practice to representing injured and disabled workers.  We believe that our background in having previously represented employers and insurers is the secret to our success.  We know the opposing attorneys, insurance companies and adjusters better than most lawyers across the state.  We know how they think and in some cases have taught them what they know (and this is not an exaggeration).  Tom Atkinson has has been asked to lecture for decades to both insurance companies, work comp adjusters and other workers compensation attorneys.  Since opening his practice representing injured workers, Mr. Atkinson is a frequent lecturer to lawyers seeking his insight and wisdom in representing injured workers.

We have compiled a team of paralegals, investigators and other lawyers who assist in various aspects of your case.  Rest assured however, that Tom Atkinson will always be on hand to personally answer your questions when necessary.  Mr. Atkinson takes pride in sharing his personal story of suffering a work related injury and undergoing both back and neck surgery as the result.  He understands the frustration of late wage loss payments, unpaid medical bills and denied claims.  Let him help you navigate the maze known as Minnesota Workers Compensation.

Our attorneys and investigators are available 24 hours a day, 7 days a week to answer your calls.  Call today at 651-333-3636 or visit our website for additional information, www.mndisability.com  We have clients across the country and throughout Minnesota that have suffered Minnesota workers compensation injuries.  Remember, your consultation is absolutely free and there is NEVER a fee unless we recover benefits for you. 

What's Ahead In For Injured Workers In 2012?

If you were in 2011 and are currently off of work receiving wage loss benefits, most of you will likely face a roadblock to ongoing benefits in 2012.  Terms like MMI (maximum medical improvement), IME (independent medical examinations), NOID (notice of intent to discontinue benefits), and QRC (qualified rehabilitation counselor) are yellow lights warning you of a possible end to your benefits.

If you receive ANY correspondence from your Minnesota workers compensation adjuster you need to contact a lawyer NOW!  Too often injured workers come to our office many months after receiving letters containing these keywords.  It's never too late to come see us, but we will be better able to react if you call us today 651-333-3636.  One of our lawyers can explain to you how your benefits are about to be changed.  Our consultations are always FREE and we urge you to contact a work comp lawyer who specializes in working with injured and disabled employees rather than a general personal injury practice.  Our employees have a combined background over nearly 75 years working with workers compensation claims.  Visit our website at www.mndisability.com and call to speak with an attorney today at 651-333-3636.

Full, Final and Complete Settlements; To Do or Not To Do?

You have been injured in a Minnesota workers compensation accident and the insurance company adjuster wants to settle your case.  Throughout the claim you may have felt the adjuster was "good to you" and always treated you fairly.  In some cases adjusters do treat injured employees well but when it comes to a settlement they are NEVER looking out for your best interest.  Adjusters are employees who must answer to a supervisor and other upper management.  Day in and day out their drive is to minimize costs.  Settlement of your case for as little as possible is one the methods to achieve those goals.

If you are offered a settlement I strongly urge you to contact an experienced work comp lawyer.  Try to chose one that has experience working for both sides at some time in their careers.  You are want to chose a lawyer who limits their practice to assisting injured and disabled employees exclusively.  Lawyers who practice in multiple areas are less likely to be able to keep up with the changing laws, maintain familiarity with the rules at the Office of Administrative Hearings, and are generally disconnected from the overall practice and thereby limited in their ability to effectively evaluate your case.  They have names for lawyers like me; they call us Comp Heads or lawyers who do this day in and day out.

If you are offered a settlement by an insurance company and you are unrepresented or represented by an attorney who only dabbles in this area, I am more than happy to talk to you about the offer.  Every year, I represent clients who have been offered the "top dollar" by an adjuster and every year I obtain much larger settlements for clients.  My analysis is FREE so you really have nothing to lose.  Contact our office at 651-333-3636 or call us toll free at 888-933-5619 to speak with an attorney today.  Also feel free to visit our website to learn more about your workers compensation rights and our lawyers www.mndisability.com

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.

Minnesota Workers Compensation Tools, Rules and Guidelines

Have you ever been puzzled by the abbreviations and acronyms used by your attorneys discussing your workers compensation benefits? Below I have listed some common workers’ compensation abbreviations and the meanings:

TTD: TEMPORARY TOTAL DISABILITY’. Workers compensation wage loss benefits available to injured workers who are off work completely due to their injuries.

TPD: TEMPORARY TOTAL DISABILITY. Workers’ compensation wage loss benefits available to injured workers who are working at a wage loss due to their injuries.

PTD: PERMANENT TOTAL DISABILITY. Workers’ compensation wage loss benefits available to injured workers who are completely and totally disabled from returning to substantial gainful employment as the result of their work injuries. This term does not necessarily mean FOREVER, just for an indefinite period of time.

PPD: PERMANENT PARTIAL DISABILITY. Workers’ compensation monetary benefits available to workers who have suffered a permanent injury.

MMI: MAXIMUM MEDICAL IMPROVEMENT. The date after which no further significant recovery from or significant lasting improvement to a personal injury can reasonably be anticipated, based upon reasonable medical probability, irrespective and regardless of subjective complaints of pain

QRC: QUALIFIED REHABILIATION COUNSELOR. A QRC provides rehabilitation services to workers who are unable to return to their pre-injury employment.

NOID: NOTICE OF INTENT TO DISCONTINUE. A specific form filed by an insurer or employer when they intend to discontinue an injured workers’ benefits. YOU ARE STRONGLY URGED TO CONTACT AN ATTORNEY AS SOON AS YOU RECEIVE THIS NOTICE IN THE MAIL!

NOPLD: Notice of Primary Liability Determination. A specific form filed by an insurer or employer indicating its initial decision regarding its liability for an injured workers’ claim.

FROI: First Report of Injury. A specific form that an employer must fill out following an injury.

RCD: Request for Certification of Dispute. A specific form filed by an employee or their attorney to certify a dispute regarding medical or rehabilitation services.

SOAF: Statement of Attorney Fees. A petition filed by an employee’s attorney for approval of attorney’s fees in some cases.

NOA: Notice of Appearance of Attorney. Notice filed with the Department of Labor and Industry notifying the Department that an attorney is involved with a workers’ compensation case.

NOBP: Notice of Benefit Payment. A form filed by the workers’ compensation insurance company indicating payment of benefits.

WC: Workers’ Compensation.

WCCA: Workers’ Compensation Court of Appeals.

WID: Worker ID Number. New in 2008, the Minnesota Department of Labor begins replacing social security numbers with WID numbers. A WID number is assigned to workers in lieu of using the worker’s Social Security Number for purposes of identification.

AWW: AVERAGE WEEKLY WAGE. Used to calculate the amount of wage loss benefits an injured worker is entitled to.

SAWW: Statewide Average Weekly Wage. Used to calculate the maximum compensation rate.

EE: Employee.

EER or ER: Employer.

IR: Insurer.

TPA: Third-Party Administrator. Work comp. insurers frequently use TPA’s to administer their workers’ compensation programs.

FCE: Functional Capacity Evaluation or Examination. An evaluation to determine an injured workers’ capacity for physical activities.

IVE: Independent Vocational Evaluation or Examination. An evaluation to determine an injured workers’ vocational abilities.

RTW: Return to work.

PT: Physical Therapy.

ROM: Range of Motion.

TBD: To be determined.

DOI: Date of injury.

DOL: Date of loss.

OAH: Office of Administrative Hearings. In Minnesota the main offices are in St. Paul and Duluth.

DOLI: Department of Labor and Industry.

SSDI: Social Security Disability Insurance.

IME: INDEPENDENT MEDICAL EXAMINATION. An examination conducted by a doctor hired by the employer or workers’ compensation insurance company. The examination should actually be called an ADVERSE EXAMINATION given there is nothing independent about it. This doctor is NOT your treating doctor and is a hired “gun” by the employer and insurance company.

ADR: Alternative Dispute Resolution, including mediation or arbitration.

At Minnesota Disability and Atkinson Law Offices, Attorney Thomas Atkinson will gladly answer any of your workers compensation questions. With nearly two decades of workers compensation experience, including years an attorney for the same insurance companies denying your benefits, he can help you maneuver the system to your advantage. Contact him at 651-324-9514 or visit www.mndisability.com

I Have Been Scheduled For An Independent Medical Examination, Now What?

As a former insurance company attorney I have schedule hundreds of "independent medical examinations" for injured workers. The term independent medical examination is not always accurate. Though there are reputable doctors who will perform a thorough examination and write a neutral report, there are many who will do and say almost anything. Many defense attorneys believe it is their job to chose the " doctors who will do and say almost anything"!

When I worked as a defense attorney I thought having a neutral independent doctor was truly important. It helped me assess and fully understand the injured worker's claim. It also gave me credibility before the compensation judges. Later in my career as a defense attorney I began to get flack from a kool-aide drinking "old time" defense lawyer who chastised me for choosing these independent physicians and telling me I needed to get on board and work with the "adverse examiners". Despite the fact that this attorney had only gone to a full hearing a handful of times in the past decade, he was going to try his hardest to win a case at almost any cost! This didn't sit well with my years of experience and the reputation I developed. This was one of the reasons I now represent only injured workers and share these stories.

An employer and workers compensation insurer have the right to have you seen for an independent medical examination or adverse examination regardless of whether your claim is admitted or denied. They need to reimburse you for your expenses and must schedule it within 150 miles of your home. Keep in mind that this doctor is not nor will he ever be your treating physician. There is no doctor patient confidentiality, everything you tell the doctor will be shared with the employer and insurer. Sometimes the examinations last a few minutes and other times they can take close to an hour with an extensive physical examination and questions.

You will usually receive the report as an attachment to a service of Maximum Medical Improvement or a Notice of Intent to Discontinue Befits in the mail. As this is the goal of the adverse examination, your medical and/or wage loss benefits will likely be stopped as the result of your "independent medical examination".

As a defense attorney I understand the flaws in these reports and the mistakes that can be made in preparation for the same. As your attorney I will surgically dissect these reports and the accompanying letters providing the physician with "foundation" or their opinion. My job is to look for contradictory medical evidence and obtain an opinion from your own treating physician and if necessary a truly independent doctor. If you would like to discuss your claim in more detail, feel free to contact me directly at 651-324-9514. All calls are returned within a few hours. Don't be afraid to contact me after hours as I do take all calls.

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! 

They Say I'm at Maximum Medical Improvement, Now What?

The first time most employee's are confronted with the term MMI (Maximum Medical Improvement) is when they go to their mailbox and find a letter attached to a Notice of Intent to Discontinue Benefits on the basis the employee has reached MMI. Most employee's think this can't possibly be correct, after all they still continue to treat with their doctor and they haven't fully recovered from their injury.

Maximum medical improvement (MMI) is defined in Minnesota Statutes §176.011, Subd. 25. It is the date after which no further significant recovery from or lasting improvement to a personal injury can be reasonably anticipated, regardless of subjective complaints. After the date of MMI has been validly determined, the insurer does not need to request any further determinations of MMI unless the employee becomes medically unable to continue working (see Minnesota Statutes §176.101, Subd. 1(e)(2)). For purposes of commencement or recommencement of temporary total disability benefits only, a new period of maximum medical improvement begins when the employee becomes medically unable to continue working due to the injury.

MMI determinations are important because the employee's entitlement to future benefits can cease 90 days after the insurer serves a written report of MMI. If your benefits have been discontinued based upon MMI or any other reason, I strongly urge you to contact an experienced workers compensation attorney. When your benefits are in jeopardy, don't rely on the attorney who dabbles in work comp and can handle your will, divorce or even bankruptcy. Minnesota Disability attorney Tom Atkinson ONLY represents injured and disabled employees! Contact him today at 651-324-9514 or tom@mndisability.com