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

I Need A Minnesota Workers' Compensation Attorney. But How Do I Chose With So Many Choices?

You have a lot of choices out on the internet for a lawyer to assist you with your Minnesota workers' compensation injury.  I believe that you need an attorney who limits his/her practice to workers compensation.  Ask yourself whether the lawyer and law firm also practice personal injury, family law, criminal law, and wills.  Do you really want to a lawyer who practices workers compensation "part-time"?  Because if they advertise that they handle a wide range of legal matters, they have very little time to keep up on the ever changing laws that affect your case.

At Atkinson Law Office, P.A. and Minnesota Disability, we live, eat, and breath Minnesota workers' compensation.  Every year we recover millions of dollars in benefits for injured workers; including medical, wage loss, retraining assistance and monetary benefits for permanent injuries.  Though attorney Thomas Atkinson will litigate your matter on your behalf, we have a team approach in assuring we stay on top of your case day in and day out.

Nearly every one of our staff members has personal experience in the struggles of workers compensation injuries or has worked for work comp insurance companies before coming to work for our office.  They know the secret tips to obtaining benefits for you.  Whether you have had a back injury or such from chronic pain, we are ready to assist.

Contact Atkinson Law Office and Minnesota Disability today at 651-333-3636 and visit our website for more information.  You can also submit your questions online by following this link.  Remember your consultation is FREE and there is never a fee until we recover benefits for you.

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.

What I Need to Know About Minnesota Workers Compensation Hearings.

Our lawyers have represented thousands of clients at workers compensation hearings at the Minnesota Office of Administrative Hearings.  Over the past 30 years the location of these hearings, the judges, and some of the procedures and formats have changed.  Despite these changes there are some facts that remain the same.  Workers compensation hearings are heard by experienced workers compensation judges NOT juries.  The judges work harder now than ever before with more pressures then ever to move cases quickly to resolution.  Without exception workers compensation judges are professional and courteous to all parties and I'm confident they do their very best in light of the hurdles they face.  We can disagree with their decisions from time to time, but I can assure my clients that our current workers compensation judges take YOUR case very seriously and will consider all the facts and apply the law to the best of their ability when your cases goes to hearing.

In preparing for a hearing keep in mind that one of the key criteria a judge considers is whether YOU and the other party are credible.  If you are credible, there is a strong chance you will prevail.  To this end ALWAYS ALWAYS ALWAYS tell the truth.  You are human and can surely forget particular facts but if you are caught in a "lie", your case may have become a herculean task for your attorney.  Like many attorneys, I have no interest in representing untruthful clients.  I can assure you there are lawyers out there who will, but at Atkinson Gerber Law Office we would rather put our reputation and hard work into representing the vast majority of those we meet; injured workers like you who want to be made as "whole" as the system will allow.

On the day of your hearing it's important to be on time, turn off your cell phone, act professional, and be prepared to team with your lawyer to WIN!  At Atkinson Law Office we are never afraid to take a case to hearing in order for you to obtain the best result possible.  If you have sustained a work injury contact Tom Atkinson or one of the attorneys with Atkinson Law Office and Minnesota Disability today for an absolutely free consultation.  We represent injured workers across the entire state of Minnesota and across the country who have been injured in Minnesota OR working outside the state of Minnesota for Minnesota companies.  651-333-3636 or call Tom directly on his cell phone at 651-324-9514.  www.mndisability.com

Should I Particpate In A Minnesota Work Comp Mediation?

Has your attorney suggested that you participate in a mediation of your Minnesota Workers' Compensation Claim?  Over the past 20 years that I have participated in work comp claims, I have witnessed first hand the increasing use of meditations with excellent success.

Work comp litigation can involve significant costs over months and years with an uncertain end in store for both sides.  Even if the parties go to a hearing with a workers compensation judge, the "Findings and Order" are generally limited to the disputes up through the date of the hearing.  I too have had a work injury and agreed to mediate my workers compensation disputes through the use of a mediator.  Though I go to hearing or conferences before judges on an almost weekly basis in my practice representing injured workers, most injured workers like myself, find the mediation outcome worthwhile.

Why mediate a case when I can go to a hearing instead?  The number one reason is you may not like the outcome which can rarely be overturned on appeal.  Typically if you go to hearing and lose, your case is finished and though you may convince yourself that you went to trial for the "principal" of the matter, that's not always the best rational.  The mediators job is to bring the parties together in an effort to find common ground and come up with a settlement that, though both parties may not be thrilled with, is still satisfactory.

Meditations can be performed by excellent private mediators such as Joan Hallock, Dan Lively, Mike Aafedt, Mike Forde and Peter Pustorino.  These are all former workers compensation attorneys and/or judges who are hired by the parties to mediate disputes.  Another possibility is to utilize the services of the Minnesota Department of Labor and Industry or in some cases use sitting work comp judges at the Office of Administrative Hearings in St. Paul.  I have had meditations with all four judges who currently mediate matters at OAH and with most of the mediators at DOLI.  In my experience they all have their place depending up the particular facts or clients.

If you are not represented by an attorney and the insurance company recommends or suggests settlement, I strongly urge you to contact an experienced workers compensation attorney who may recommend mediation as a method to explore resolution of your dispute.  At Atkinson Law Office, P.A. and Minnesota Disability we have a staff and attorneys whose past experience in representing insurance companies is put to use in supporting YOU the injured workers.  Let us show you the secrets the insurance companies won't.  Contact us for a free consultation at 651-332-8792 or visit our main website www.mndisability.com today!

How & Whys of Minnesota Work Comp Settlements

Though I have handled hundreds of workers compensation hearings and conferences, I have also participated in thousands of Minnesota workers compensation settlements.  I have the unique experience of having assisted insurance companies and more recently injured workers.  This experience makes my office extremely effective in negotiating on behalf of my injured clients when trying to squeeze every penny out of the insurance company.

How do settlements work?  Though insurance companies have been known to quickly attempt settlements after an employee is injured, the more common scenario occurs after a claim has been paid and then a portion or all of the claim is denied.  Settlements also can occur after your attorney sues the insurance company to pay your benefits.  It is extremely important if you are unrepresented to at least have an attorney review the settlement agreement to be sure you are getting the deal that was promised.  On many occasions I have also been able to obtain additional settlement money for clients.  On one occasion we obtained over $60,000 in additional money only a few weeks after an insurance adjuster made a "final offer" to our client.  Not only did we obtain additional money for our client but we negotiated better settlement terms by leaving open future medical benefits for him as well.

Once the settlement agreement is reached the parties draft what is called a Stipulation for Settlement.  This is a very important document that is signed by all parties and then approved by a workers compensation administrative law judge from the Minnesota Office of Administrative Hearings.  This entire portion of the process can take from 2 weeks to a few months depending on the number of parties and issues involved.  After the stipulation for settlement is completed and signed by all parties, it is submitted to the judge who issues an Award on Stipulation.  This is an Order and the work comp insurance company must MAIL payment within 14 calendar days.  The vast majority of payments go directly the injured worker within two weeks of the judge's Order.

You only have one chance to negotiate you settlement and doing so without a lawyer is just plain crazy.  I have seen many adjusters take advantage of workers by explaining the reasons behind the settlement value without ever telling them what they are really giving up in exchange.  Contact the lawyers at Minnesota Disability and Atkinson Law Office today to see how we can assist you with you claim.  We assist hundreds of injured workers every year in obtaining the best results for their family given their unique situations.  We meet with clients across the entire state of Minnesota.  Contact us toll free at 800-933-5619 or 651-333-3636.  Feel free to visit our other website www.mndisability.com for additional information.