Your Work Comp Claim Was Denied. Now What Can You Do?

Hire an EXPERIENCED workers compensation attorney TODAY. The same fee is paid to every attorney under Minnesota law so why would you hire someone who only dabbles in work comp or has only been out of law school for a few years? It makes no sense!

At Atkinson Law Office and Minnesota Disability, Attorney Tom Atkinson who has nearly two decades of Minnesota workers compensation experience will personally oversee your claim, puncutually returning your calls! When your claim is denied the ONLY way to get benefits paid is to initiate a claim by filing a Claim Petition.

A Claim Petition is a standard form that sets forth basic information about the employee’s claim for workers’ compensation benefits. The Claim Petition contains information about the employee, including his or her name, address, Social Security Number, date of birth, and date(s) of injury. It also lists the name of the employer(s) and insurer(s). The Claim Petition also sets forth the nature of the injury and the average weekly wage at the time of the injury. Finally, the Claim Petition lists the types of claims alleged, including Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Total Disability (PTD), Permanent Partial Disability (PPD), Rehabilitation Benefits, and/or medical benefits.

The Claim Petition is filed with the Department of Labor and Industry, and copies of the Claim Petition are served on the employee, the employer, the insurer, and any third-party payors, such as major medical insurers. Notice to Potential Intervenors are often served along with the Claim Petition to any medical providers and any third-party payors.

A Claim Petition is generally filed when the employer and/or insurer is denying primary liability, meaning that they admit no responsibility for the injury. A Claim Petition is also filed when there is a claim for monetary benefits, such as Temporary Total Disability (TTD), Temporary Partial Disability (TPD), and/or Permanent Partial Disaiblity (PTD), even if the insurer admits primary liability. If an injured worker has settled his or her case on a full, final complete basis, leaving open future medical benefits, a Claim Petition may be used in some instances where there is a dispute over medical expenses.

Once your Claim Petition has been filed, the employer and/or insurer is generally required to file an Answer to the Claim Petition within 20 days. The employer and/or insurer is required to serve specific responses to the allegations in the claim petition. If an answer is not filed in a timely matter and/or an extension of time to answer is not requested, the employee may request that the matter be scheduled for an expedited hearing.

Typically, after the Claim Petition has been filed, the matter is scheduled for a Settlement Conference at the Office of Administrative Hearings. Prior to the Settlement Conference, if appropriate, the employee’s attorney will often submit a settlement demand to the attorney for the employer and insurer. The purpose of the Settlement Conference is to attempt to discuss the possibility of settlement. Some cases settle at the Settlement Conference, and some do not. If it appears that the parties have reached an impasse, and that further negotiations will not facilitate a settlement, the case may be referred to the Office of Administrative Hearings for the scheduling of a hearing. If either side needs additional information, if the case is not ripe for settlement discussions, or if the sides need additional time to negotiate, the Compensation Judge may also reset a Settlement Conference for a month or two in the future.

If the parties are unable to reach a settlement, the case will proceed toward a Hearing. In Minnesota workers’ compensation, a Hearing is the equivalent of a trial. At the Hearing, both sides will present evidence in support of their respective positions, and the employee will generally provide testimony. After all evidence has been heard, the Compensation Judge issues a decision, which is final and binding on the parties.

The entire process from the filing of the Claim Petition through a Hearing can take anywhere from six months to a year or more. In some instances your case can be expedited due to financial hardship. Let an attorney like Tom Atkinson personally assist you in determining whether your case could possibly qualify. You may reach him directly at 651-324-9514 or email at tom@mndisability. Also be sure to check our the Minnesota Disability and Atkinson Law Office web site at www.mndisability.com

Are Accidents Away From Work Payable Under Minnesota Workers Compensation?

ABSOLUTELY YES!  Occasionally, work-related accidents occur while you are not physically on the work premises. Minnesota law mandates that if you sustain an injury away from the work site, you may still have the same rights as if the injury occurred on the employer's premises. If you are injured while; traveling for work related business, on your way to a work meeting, traveling to or from a work site, or even participating in a after hours work event with clients or customers, Minnesota workers compensation laws hold that the injury is in the course and scope of your employment.

At the Law Offices of Thomas Atkinson and Minnesota Disability I help injured workers recover rightful benefits following an accident away from work. Contact me, Tom Atkinson to speak with an experienced Minnesota Workers Compensation lawyer with nearly two decades of experience.

Though my practice is limited to workers compensation and disability matters, I have partnered with extremely effective personal injury lawyers to ensure that you receive all of your workers compensation benefits while also pursuing negligent parties following all types of accidents away from work, such as:

* Slip and fall accidents away from work: such as workers injured from falling down the stairs in a home in which repairs are being made (cable repairs, utility repairs, etc.) or a delivery person who trips over a dog leash on the porch steps

* Dog bites/animal attacks away from work: such as a delivery person or lawn service person attacked by a dog or a construction subcontractor attacked while replacing the dining room cabinets in a home

* Car/truck accidents away from work: such as a garbage truck driver or delivery truck driver injured in a truck accident while performing job duties or any other employee involved in a car accident in the scope of employment

Whether an injury is sustained while lifting boxes in the warehouse or in a car accident while running an errand for your boss - Minnesota workers’ compensation laws govern all work-related injuries. Generally, people who sustain on-the-job injuries may only seek compensation for medical expenses, wage loss, permanent partial disability, vocational retraining and other expenses by pursuing a workers' compensation. However, when an accident occurs away from work, there are often additional claims against at-fault parties other than your employer, which may be pursued.

By partnering with very well respected personal injury attorneys I help clients understand their rights and pursue the full compensation they need and deserve. When workers' compensation benefits are paid and a third party claim is settled at a later date, I have the experience and skill to effectively negotiate with your employer's insurance company so that minimal workers' compensation benefits are paid back. Creative discussions have resulted in significant reductions or even waivers of these claims for repayment.

If you have sustained an injury away from work, contact attorney Thomas Atkinson of Atkinson Law Offices and Minnesota Disability for a FREE consultation. Under Minnesota Workers Compensation laws, an attorney may NOT charge a retainer and can only collect a fee from the employer and workers compensation insurer if they assist you in recovering benefits. Contact attorney Tom Atkinson today at 651-324-9514 or email at tom@mndisability.com Also visit his website at www.mndisability.com

If I'm Involved In A Car Crash While Working Can I Sue The Driver AND Collect Workers Compensation Benefits?

Absolutely YES! Though Minnesota Workers Compensation benefits are "primary" over No Fault Insurance benefits you may still bring a personal injury action against the at fault party. In addition, there are other benefits that workers compensation will not cover and your no fault carrier is obligated to pay; ie household chores, regular home maintenance such as yard work, etc.

If you are a traveling employee or coming or going from a business trip you are covered from your home and back. This is different than most work related injuries where you only have coverage on the physical job site. Accordingly it's important you talk with an experienced workers compensation attorney who understands ALL of your rights and potential benefits.

At Atkinson Law Offices and Minnesota Disability we work with a select group of personal injury law firms to maximize your recovery of both workers compensation and personal injury benefits. Attorney Thomas Atkinson has handled thousands of workers compensation matters over his nearly two decades of experience and recognizes the importance of coordinating both your workers compensation and personal injury benefits. Call me Minnesota Disability and Atkinson Law Offices today at 651-333-3636.