Do NOT Hire A Minnesota Work Comp Lawyer Who Is A Poser or Dabbles In The Law

The Minnesota workers compensation bar (the lawyers who regularly practice workers compensation law) is a very small group made up of a few dozen lawyers.  However, there are many more lawyers who handle other types of cases including family law, immigration, bankruptcy and criminal law who occasionally handle a Minnesota workers compensation case.  You may wonder how they can possibly keep up with the ever changing laws in order to properly represent their client.  The answer is they don't and they can't.

The Dabbler

For over 25 years I've practiced exclusively in workers compensation.  Many years ago, I also represented insurance companies and employers; I don't anymore.  I would often come across these "dabbler" lawyers as I called them who would actually ask me to teach them how to handle a work comp case.  In other words, an injured worker's lawyer asked the defense lawyer how to do best represent their client.  It's true, sadly it's true.  How do you think that turned out?  Not well for the client.

The Poser

Workers compensation laws are not uniform for injured workers across Minnesota.  Different dates of injury can result in dramatically different benefits and many lawyers don't know this simple fact.  What often happens is that an injured worker gets a referral from a family friend to a lawyer they know, or are drawn into a pretty website that states "Minnesota's Top Attorneys For Injured Workers".  Often some of these lawyers and law firms rarely, if ever, handle workers compensation cases.  For example, if you are considering representation by Fields Law Office, call the office and ask to speak to Steve Fields.  If you are already represented by Fields Law Office, ask that Steve Fields personally handle your case, attend your deposition and handle your hearing, and let me know how that goes.  Though there are lawyers at Fields that are dabblers, one would think that the firm namesake would regularly or even occasionally handle a workers compensation case himself.  Right?

Experience and personal attention matters.  Don't hire a "dabbler" and don't hire a "poser".  Hire a lawyer who personally handles workers compensation cases day in and day out.  One who meets clients, handles your deposition, and goes to court for you.  The lawyers of Atkinson Law Office are workers compensation Super Lawyers who have been recognized as such because we are experts in the field.  We try cases to hearing, the Workers Compensation Court of Appeals, and the Minnesota Supreme Court.  We are called upon by groups across the state to lecture and speak about workers compensation issues.  If you would like a Super Lawyer to represent you, contact Atkinson Law Office today at 651-333-3636.  

How To Choose The Best Minnesota Workers Compensation Attorney For You? I'll Tell You How For Free!

I have specialized in Minnesota workers compensation for nearly a quarter century.  When I began, injured workers found lawyers by word of mouth, family friends and the yellow pages.  How times have changed.  Now injured workers are tech savvy.  Whether you live in a town in the Northwest Angle of Minnesota or in Minneapolis, most people turn to their smartphones or computer to search for a lawyer on Google.  Clients who come to see me are usually far more informed than they were just 10 years ago.  What a difference a decade has made.

The purpose of this blog is to WARN YOU that there are lawyers and law firms out there that at a minimum exaggerate and others that I believe lie in their internet advertising.  They use terms like "the largest and most respected workers compensation law firm in Minnesota" or claim they have a "depth of experience".  The claims make me laugh at first and then make me very, very angry.  The reason is that YOU the injured worker will pay the same fee whether you hire a lawyer with 2-3 years experience as you do with 25 years experience.  I will tell you that I'm an excellent lawyer who has won many awards and frequently lectures on workers compensation throughout Minnesota.  However, there are other lawyers who are equally as good as I am...not many but I'm not alone.  You have to find the lawyer who is a good fit for you and I have always offered to give prospective clients the names of two additional lawyers outside of my firm to speak to after our initial meeting.  I do this freely and without hesitation.  It's not a gimmick.  I want you only if you want me.  We must fit.

What concerns me more is that you the injured worker will end up a a law firm that is a "mill" and churns and burns files without really having an understanding of Minnesota work comp.  Though a few law firms come to mind, you have to do your research and ask just a few questions.  The most important questions are as follows:  Does you firm EXCLUSIVELY practice in the area of Minnesota Workers Compensation.  That will narrow the list of 75 law firms in Minnesota down to just a handful.  Next ask do YOU THE LAWYER personally have more than 20 years of experience limited to Minnesota workers compensation.  You can now count the law firms on one hand.  These are the law firms you should be meeting with.  These are the ONLY law firms you should be meeting with.  If they do personal injury, car accidents, etc. they do not specialize in Minnesota workers compensation.  They specialize in general personal injury which is very, very different.

I'm personally at the Minnesota Office of Administrative Hearings or Minnesota Department of Labor on workers compensation matters 2-3 times every single week of the year.  I know every judge and every defense lawyer by name and they know me.  I have tried cases before every single workers compensation judge in the Twin Cities, most dozens of times.  Ask others if they can say the same.  Ask these tough questions and I can assure you that you will find the best lawyer for you.

At Atkinson Law Office we are all former insurance company lawyers with decades of experience handling Minnesota Workers Compensation Cases.  Both Kerry and Tom Atkinson had there first workers compensation hearings in 1993 the year they graduated from law school here in Minnesota. We will show you the secrets insurance companies don't want you to know.   Call us today for a free consultation.  There is never, ever a fee unless we recover benefits for you.  You will never be asked to pay us with a retainer check to handle your dispute.  Call 651-333-3636 today!  Visit us at Atkinson Law Office.

Minnesota Workers Compensation Mental Health Injury Benefits Expand In 2013.

A bill was signed by Gov. Dayton on May 16, 2013 that has changed the way workers' compensation claims have been handled for over three decades.  Minnesota now allows mental-mental injuries involving PTSD or post traumatic stress disorders.  This means that you do NOT need a physical injury in all cases to have a work related injury.  If your medical doctor or psychologist diagnosis's that you have suffered a work related mental health injury in the nature of PTSD, you may be entitled to wage loss benefits, free medical care, and in some cases even free retraining benefits.  

The new law however is very specific as to what is and what is not covered.  The definition of an occupational disease was revised to include mental impairment. Mental impairment is defined as post-traumatic stress disorder diagnosed by a licensed psychiatrist or psychologist.  The statute states that for the purpose of workers’ compensation, "post-traumatic stress disorder" means the condition as described in the Diagnosis and Statistical Manual of Mental Disorders. 

At Atkinson Law Office, P.A. and Minnesota Disability, we represent injured workers with Minnesota workers' compensation injuries every day.  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 attorneys Thomas Atkinson and Kerry 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.

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. 

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.

Why Is My MN Work Comp Adjuster Asking About My Facebook Account?

I have written and lectured about Facebook, Mylife and other forms of social media for years.  More and more often, whether my clients are aware of it or not, insurance adjusters, employers and insurance company lawyers are looking you up on Facebook.

I had a client in my office today and I asked her how her ski trip was this weekend and she looked at me wondering how in the world I knew her family went skiing.  I turned my computer around and showed her pictures from her Facebook, her husband's Facebook and her childrens' Facebook accounts.  Now the pictures didn't show my client skiing or failing to follow her restrictions, but I got my client's attention.  Facebook is often better than surveillance videos because you and your friends are posting the pictures and photographs rather than a creepy investigator.

Can a Minnesota workers compensation judge allow the admission of photographs from your Facebook account?  There are no appealate decisions to guide us at this point but let me share with you what a workers compensation judge in another state recently did.

An Arkansas workers compensation appeals court ruled that photos on Facebook and Myspace of a man “drinking and partying” could be used as evidence to deny him further workers compensation claims.  At the center of the suit is  Zackery Clement, who suffered a hernia on March 12, 2009 after a refrigerator fell on him while on the job at Johnson’s Warehouse Showroom in Pine Bluff,  Ark.  Keep in mind this was an admitted work injury.  Clement, who was compensated for medical expenses and received temporary total-disability benefits for more than a year, was seeking an extension of benefits following three surgeries as a result of the injury.

In an opinion, written by Judge David M. Glover, the Arkansas Court of Appeals states: “We find no abuse of discretion in the allowance of photographs. Clement contended that he was in excruciating pain, but these pictures show him drinking and partying.”

The lesson to be learned is NEVER EVER lie.  If your doctor tells you NOT to perform certain activites be sure to testify truthfully if you disobey your doctor.  We all want to live our lives and share activities with our loved ones and families.  Just don't exaggerate or lie about your symptoms or ability to perform non work activities.  When you have a serious work related injury doing so will often result in consequences such as slower recoveries or increased pain.  My suggestion is that you "lock down" you Facebook or turn it off.  You will be shocked by the extra time you have when you don't need to be updating your status, location or activities every few minutes.

If you have sustained a work related injury and have questions or concerns about your claim, Atkinson Law Office and Minnesota Disability offer free consultations at suburban office locations with free parking, hot coffee, cold beverages and a staff with decades of experience handling Minnesota workers compensation cases. Call our office today at 651-333-3636 for a free consultation and feel free to visit our website for additional information regarding your Minnesota Workers Compensation injury.

What Is A Qualified Rehabilitation Counselor QRC And How Do I Get One?

What is a QRC?  Qualified Rehabilitation Consultants, also known as a QRCs, are licensed by the state of Minnesota to provide vocational rehabilitation services to injured workers.   You are told that QRC’s are supposed to work in the interests of both the employee and the employer, but you will find that many QRC’s are not truly “independent.”

Most injured workers have an insurance company assigned QRC.  Usually everything starts out fine.  However, the longer you are off of work the sooner you will begin to notice Dr. Jekyll turn into Mr. Hyde.  The QRC will begin pushing the doctor to lessen your restrictions or you will notice the QRC linger in the doctors office after your appointment in order to ask a question they "forgot".   The insurance-company-assigned QRC is not going to be looking out for your interests and by the time you figure it out, it's usually too late. Even if you’ve met with a QRC the insurance company assigned to you, and you’ve signed a Rehabilitation Plan (R-2) in Minnesota, you have the right to change QRC’s within 60 days without obtaining approval from the insurance company and you don't need a reason.

If your QRC is minimizing your injuries, miscommunicating your symptoms and complaints to the doctor, if you feel like your QRC is pushing your doctor to return you to work too early, or if you feel like your QRC is pressuring your doctor to decrease or remove your restrictions,  call attorney Thomas Atkinson TODAY.  Every day matters and the sooner you call the sooner we can assist you in getting you a fair and helpful QRC. 

Unfortunately, after 60 days have passed, it can difficult to change QRC’s but it can be done.   The lawyers at Atkinson Law Office and Minnesota Disability have helped hundreds of clients obtain a QRC to properly assist them in their recovery from injury, return to work, or if necessary develop retraining plans.  There is never a fee unless we recover benefits for you and your consultation is absolutely FREE.  Call today at 651-333-3636 or visit our website www.mndisability.com

Who Are The Best Twin Cities Workers Compensation Lawyers?

Who are the best workers' compensation attorneys in Minnesota and the Twin Cities?  I won't list them here but just because they have a website and say they are experienced doesn't make it so.  You don't want a "baby lawyer" representing you on the most important legal case you may ever have.

Hear are some important questions to ask an interview when YOU interview them!

1.  How many years have you been handling workers compensation cases?  If less than 10 years, keep searching.  They simply don't have the experience necessary to represent most complex injury cases.

2.  How many cases have you taken to hearing at the Office of Administrative Hearings?  If less than 50 cases, keep looking.  Most EXPERIENCED workers compensation attorneys will go to hearing on a regular basis.  When I go to hearing, I know all the judges and they all know me.  I also know everyone who is anyone in workers compensation.  Those who are "outsiders" standout and may lack the experience to adequately represent you in this specialized area.

3.  Can I speak with YOU the attorney when it's important or must all communication while not in court go through the office staff?  There is no question that all experienced workers' compensation attorneys have exceptional staff that can assist our clients as part of the team that works to represent you.  However I the attorney am the one who should provide LEGAL advice and guidance directly to you regarding your case.

4.  Will you provide me with your cell phone and email address?  Good luck with this one!!!!  If you can get one of the two you are lucky.  I am one of the very few attorney's who offer my cell phone number 651-324-9514 AND my email tom@mndisability.com for you to contact me directly.  Don't believe me, call another work comp attorney and ask them for both!

5.  Have you ever been disciplined by the Lawyers Board of Professional Responsibility?  In two decades I have NEVER been disciplined in ANY manner; public or private by the board.  Public OR PRIVATE!!!!

At Atkinson Law Office and Minnesota Disability you will be represented by Tom Atkinson or another attorney who has at least 10 years experience but more often over 20 years of workers compensation experience.  Call us today at 651-333-3636 for an absolutely free consultation.  www.mndisability.com

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.

Minnesota Workers Compensation Benefits - Part One

1. What happens when I get injured at my job?

Tell your employer immediately. Be sure to report your injury to your supervisor. If you need to seek emergency medical attention do that first, but then contact your employer as soon as possible. Your employer will complete a First Report of Injury (FROI) form, so be sure to give your employer accurate and complete information about how you were hurt and about any injuries you sustained.  Do NOT give a recorded statement.  After you seek medial attention NOW is the time to get your free legal consultation with Minnesota Disability. 

2. What types of injuries are covered by workers' compensation?

A work-related injury can be any condition that is caused, aggravated or accelerated by employment activities.  This means pre-existing injuries that your work activities aggravate or accelerate are still work comp injuries.  This is one of the most common mistakes made by injured workers.  This includes traumatic injuries, gradual injuries or occupational diseases.

3. What benefits might I be entitled to if my claim is accepted?

Some benefits you might receive include wage-loss benefits, compensation for loss of use of a part of the body, medical benefits, vocational rehabilitation and retraining.  At some point in your injury you will be set up to meet with a QRC (qualified rehabilitation counselor).  This is another excellent time to get your free consultation with Minnesota Disability.  Choosing the right QRC who is actually neutral is critical to your claim.  We can help you in selecting one who best fits your injury, location and you needs.  One size does NOT fit all.

4. What medical treatment is covered by workers' compensation?

The Minnesota workers' compensation statutes entitle an employee to reasonable and necessary medical treatment or supplies to cure or relieve the effect of the work injury. The employer is required to furnish medical treatment as described by Minnesota Statutes 176.135, subd. 1, including psychological, chiropractic, podiatric, surgical and hospital treatment.

5. Can I treat with my own physician?

Employees may choose their health care provider for treatment of a work-related injury. An employer may require an employee to see a designated health care provider for treatment in only a few unique and special circumstances.   Do NOT be intimidated by your employer!  At Minnesota we strongly encourage injured employees to seek immediate medial attention with their established family physician rather than being directed by their employer or workers compensation insurer.  Please contact Minnesota Disability and Atkinson Law Office to determine whether one of the few exceptions applies to your case. 

Minnesota Workers Compensation Back Open For Business But Not As Usual!

Having just returned to work, our fine workers compensation judges are working quickly to clear a backlog of pending cases, stipulations for settlements, hearings and discontinuance conferences.  If you are one of the thousands of injured workers who have had their claims on hold during the month of July, we are pleased to share with you that within a few more weeks, the Minnesota Office of Administrative Hearings and the Minnesota Department of Labor and Industry will be close to being caught up.  However, you can expect a few changes in store.  First, there are a few new workers compensation judges in the Twin Cities and Duluth and there are some procedural changes which I will address in future updates.

In this posting I want to reiterate an issue that comes up EVERY single week in my office.  We receive calls from injured workers whose claims have been paid for months and sometimes even for years without any significant conflict.  One day however, they have the rug pulled from underneath them and their benefits which they have come to count on END!  At Minnesota Disability and Atkinson Law Office we have represented thousands of injured workers long before an actual conflict exists.  There is no cost to you and our advice helps you plan for the eventual discontinuance of your benefits rather than merely react when the time comes.  If you have been injured at work it is imperative that you talk with an experienced workers compensation lawyer who are experts in workers compensation.  We caution you against choosing an individual who is not a true specialist.  Contact one of the lawyers from our office for a free consultation and learn how we can assist you without the need for a retainer.  NEVER a fee unless we recover benefits for you.  www.mndisabilty.com  651-333-3636.