My Minnesota Workers Compensation Lawyer Retired, Is My Case Closed? Who Will Help?

Every year a few Minnesota workers compensation attorneys retire or pass away.  In this past year a few lawyers stopped practicing law; Dennis Atchison, Chris Middlebrook, Bill Krueger and Carter Bergen.  These were fine lawyers who did excellent jobs representing their clients and will be missed by their colleagues and clients. 

If your former attorney is no longer practicing law or you are unable to locate him or her Atkinson Law Office is here to assist you.  We have a long reputation assisting the former clients of lawyers who no longer practice workers compensation.  For many years Atkinson Law Office has been chosen by retiring lawyers to handle their practices after retirement.  Just as many esteemed lawyers have trusted Atkinson Law Office, you too can rely on our firm.  We are experts in obtaining and recovering old workers compensation files and settlement papers. 

One of the most common misunderstandings that injured workers have following a work injury is the belief that their case is "settled".  However, upon further investigation only a small part of the case is resolved or settled.  In some cases our research finds that there was never a settlement despite the injured worker's belief that their case settled. 

There is never a charge for us to review your old file or settlement papers to determine what if any claims remain open.  Atkinson Law Office has recovered hundreds of thousands of dollars in benefits that were "lost" due to unfortunate misunderstandings. 

If you would like to one of our attorneys to review your olf file, call today at 651-333-3636.  We have lawyers available 24 hours a day/ 7 days a week to help you.  For more information view our website www.mndisability.com .

I Settled My Work Comp Claim And Need Medical Treatment. What Can I Do?

As the founder of Atkinson Law Office, P.A. and Minnesota Disability, I have been involved in thousands of workers compensation settlements over the last 20 years.  One thing that is common in many of them is that some form of medical benefits are usually left open.  Even though the words may say, "full, final and complete settlement" they are usually followed by the type of benefits left open.  One thing is certain, all workers compensation settlements are not equal.

If you can't find you settlement agreement or don't remember your lawyers name, we have the expertise to obtain a copy of the settlement documents through the Minnesota Department of Labor and Industry.  In as little as a couple of weeks, we can obtain the document, review it and counsel your remaining rights to workers compensation benefits.  We can explain to you how your existing health insurance (if you have any) affects your right to workers compensation benefits. 

Contact our office today at 651-333-3636 and let us begin helping you with discovery what benefits you have remaining with your old workers compensation settlement.  Whether you have your documents or not, we would be happy to assist you.  At Atkinson Law Office, P.A. and Minnesota Disability, we have a team of experienced workers compensation professionals waiting to help you 24/7. 

Petittion to Vacate Minnesota Workers Compensation Settlement

You settled your case a few years ago and now you are wondering whether you made a mistake.  Can a settlement be undone?  The short answer is YES they can.  However, the State of Minnesota has very strict requirements to do the same.

For awards issued after July 1, 1992, Minn. Stat. 176.461 defines cause for vacation of an award as limited to the following:  (1) mutual mistake of fact, (2) newly discovered evidence, (3) fraud, or (4) a substantial change in medical condition since the time of the award that was clearly not anticipated and could not reasonably have been anticipated at the time of the award.  Where a change in condition is alleged, the focus is on whether there has been a substantial or significant worsening of the employee's condition and whether there is adequate evidence of a causal relationship, comparing the employee's condition at the time of settlement with the employee's condition at the time of the petition to vacate.  

The Minnesota Workers Compensation Court of Appeals has a number of factors that may be considered in determining whether a substantial change in condition has occurred, including a change in diagnosis; a change in the employee's ability to work; an increase in permanent partial disability; the necessity of more costly and extensive medical care or nursing services than was initially anticipated; the causal relationship between the injury covered by the settlement and the employee's current worsened condition; and the contemplation of the parties at the time of settlement.  

If you believe that you meet the above criteria contact our office TODAY at 651-414-0678 to discuss your case.  Also feel free to visit our website at www.mndisability.com 

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.