I Fell at Work and Hurt Myself. Is This a Minnesota Workers Compensation Injury?

Well yes it clearly was until the Minnesota Supreme Court rewrote decades of sound judicial interpretation of what constitutes an injury in their decision of Dykoff v. Xcel Energy on December 26, 2013.  Now thousands of injured Minnesota workers every year receive notices that their injuries are "not work related" because their jobs do not place them at an increased risk of harm over that which a member of the general public may face.

Well what does that mean?  To you the injured worker it means you have a strong chance of receiving an NOPLD (Notice of Primary Liability Determination) denying your claim.  Insurance companies benefit because they pay less claims, employers benefit because they pay less premiums, lawyers like me benefit because of the increase number of claims fighting to figure out what constitutes "increased risk of harm" results in more fees, and YOU the injured worker lose.  You lose because often you simply give up and walk away or lose because now you have to fight for your delayed benefits.  You are the big loser in this wrong-headed case.

What can you do if your claim is denied?  First contact Atkinson Law Office and then contact your state representative and demand the laws be changed!  Simply click HERE to contact an expert workers compensation attorney at Atkinson Law Office or click HERE to find out the name of your Minnesota state representative or senator.   It's important that you understand that you do not have to pay any upfront costs or fees to hire a Minnesota workers compensation attorney, including expert lawyers with decades of expertise like Atkinson Law Office.  We only get paid by the insurance company if we recover benefits for you.

You can fight this denial and often we overcome the defense and obtain much needed medical treatment, wage loss benefits and assistance keeping or finding a new job.  Like other injured workers who receive these "Dykoff Denials" and call Atkinson Law Office every week, we urge you to contact us today for an always free consultation.  651-333-3636

Injured At Work? Find An Expert Minnesota Workers Compensation Attorney Today!

Minnesota workers compensation laws require that your employer pay for work comp insurance to provide you protection from any and all work injuries regardless of fault.  These benefits include the lost wages, medical benefits, retraining and monetary compensation for permanent injuries.   Unfortunately, many employers and insurance companies subject injured workers like yourself to the strategy of ignore, delay and deny.   You need a lawyer who knows how counter these tactics.  The lawyers at Atkinson Law Office and Minnesota Disability regularly take workers' comp claims to hearing in order to obtain the wage loss, medical benefits, permanent partial disability awards and other available benefits on behalf of Minnesotan's like you who suffer work injuries. 

In fact, every single day our office receives calls from injured workers.  Most don't want to call, but they feel forced to by an action or inaction of their employer and a workers compensation insurance company.  Please recognize that you are not alone and we are happy to assist you with answers to your questions.  You will not be shamed, forced to "sign up", or in any other way manipulated to have our firm represent just for calling for advice.  In fact, I strongly believe that there must be a sense of trust with us before you hire us.  I'm more than willing to provide you with the name of other great work comp lawyers in our area to assist you should you simply feel that Atkinson Law Office is not the best fit for you.  There are only a handful of lawyers in Minnesota who limit their practices to representing injured workers.  Thomas Atkinson with Atkinson Law Office and Minnesota Disability is one of the few. 

Our initial meeting is always FREE and there is never, ever a fee paid to our office unless we obtain disputed benefits on your behalf.  And even then, we are always paid directly by the insurance company.  You will never write a check to Atkinson Law Office or Minnesota Disability.  For a free consultation, call us today at 651-333-3636.

NOPLD - What Does The Notice Of Primary Liability Determination Mean?

The Notice of Insurer's Primary Liability Determination form is filed with the state by the insurer, showing whether the insurer accepts or denies a claim. This form contains important information for the injured worker to know, including:  the claim number, the insurance adjuster's name and phone number, the employee's average weekly wage, the compensation rate, if or when benefits will be initiated, and the specific reason and facts supporting any denial of liability.

I can't emphasis the importance of contacting an attorney IMMEDIATELY after you receive a NOPLD.  There are strict rules on how much time you have to fight or appeal this decision.  The attorneys at Minnesota Disability and Atkinson Law Office have handled thousands of cases over the past two decades and have the expertise to assist with your claim.  Keep a copy of this form for your records.

The attorneys at Atkinson Law Office and Minnesota Disability will file a claim petition, the only remedy, to contest the denial of your claim.  Do not delay.  Our office will offer a free legal consultation to assist in coming up with a plan to get the benefits you deserve.  651-333-3636 where your calls are answered 24/7 every day of the year and we represent clients throughout the entire state of Minnesota. 

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