I Was Laid Off Or Fired From My Job, Now What Do I Do?

News of more and more layoffs belies the harsh reality that our economy is not recovering quickly. The Pioneer Press recently reported that Maplewood, Minnesota-based 3M Company laid off 1,200 workers in the first three months of 2009, and 2,400 in the last three months of 2008. Executives said that more job cuts could be coming. Several hundred of these layoffs are from 3M locations within Minnesota. If this is happening at 3M, it is happening at companies throughout Minnesota.

Hopefully, the economy will start to recover, layoffs of Minnesotans will slow in the next few months and folks can start getting back to work.

While getting laid off is extremely difficult, it can be even more difficult for laid-off workers who have physical restrictions related to a work injury. Frequently, workers who are on light-duty or who have physical restrictions related to a work injury are the first to be laid off. These physical restrictions, such as lifting limitations, or limitations on the number of hours a person can work can make finding a new job incredibly difficult. Fortunately, in Minnesota, if a worker who has physical restrictions due to a work-related injury is laid off for economic reasons, that worker may be entitled to wage loss benefits and job search or retraining assistance through workers’ compensation.

One of the most important benefits is the assistance of a Qualified Rehabilitation Counsultant or QRC who can provide job placement services and/or retraining.

If you’re a laid off employee OR were possibly even terminated from your employer, but you have physical restrictions for a work-related injury, you may be entitled to workers’ compensation benefits. To schedule a free, no-obligation consultation with one of our workers’ compensation lawyers, call Minnesota Disability and Atkinson Law Office PA at 651-324-9514 or visit our web site at www.mndisability.com to send us an email. We can help you get the benefits you are entitled to NOW!

I Received A Severance Package From My Employer. Can I Still Bring a Claim For Workers Compensation Benefits?

ABSOLUTELY YES!

In the current economy many employers are looking to eliminate costs wherever possible. Unfortunately for Minnesota employee’s who are currently working in light duty positions or returned to work with physical restrictions as the result of a Minnesota Workers Compensation injury, you are a target for downsizing. The laws are suppose to protect you from losing your job merely because you had a work injury but some employers do ignore these laws and terminate you anyway.

As a part of these layoffs, employers often offer voluntary resignations or severance package that purport to pay your benefits for a short period of time or offer a lump sum payment in exchange for a “full release of any and all claims”. A client recently asked me whether he was therefore precluded from pursuing his workers compensation claim. The answer is absolutely NO! Employment releases, including those with a voluntary resignation and/or full release of claims do not prevent you from pursuing an action for Minnesota Workers Compensation benefits.

In Minnesota your right to pursue workers compensation benefits is protected under state law and ONLY a workers compensation judge appointed by the Governor at the Office of Administrative Hearings may approve an agreement to waive or close out workers compensation benefits. Minnesota has created a somewhat paternalistic workers compensation system that mandates approval of any limitations on an injured workers ‘ rights to workers compensation benefits.

If you sustained a workers compensation injury and lost your job, you may still be entitled to wage loss and rehabilitation benefits including retraining. Contact attorney Thomas Atkinson at Atkinson Law Offices and Minnesota Disability for a free consultation. Free means just what is stated, you pay nothing directly to our office even if we prevail and obtain a recovery for you. Contact Tom Atkinson at 651-324-9514 or tom@mndisability.com View our web site at www.mndisability.com

My Employer Won't Complete An Incident Report or First Report of Injury, What Should I Do?

What If My Employer Didn’t Complete a First Report of Injury?

 

First Reports of Injury refer to a workers compensation form that is required by the Minnesota Department of Labor to be completed whenever there is ANY work related injury.  In my practice I have seen literally hundreds of instances where a First Report of Injury for a workers compensation injury was intentionally not completed.  In many of those instances the Employer believes they can save money and avoid an increase in their insurance rates by continuing the Employee’s pay (in some instances) and covering the medical expenses under the Employee’s health insurance.  Unfortunately this is not only illegal, but also it often turns into a defense by the Employer that the injury never occurred.

 

As an injured worker if your Employer refuses to turn in a First Report you have the absolute right to complete a copy yourself.  Unfortunately, injured workers are often fearful that doing so will result in termination of their job.   This usually doesn’t occur, but if itdoes, there are strict civil remedies separate from your workers compensation rights that can be pursued.  I often suggest the following to my clients the following; “A work injury will likely affect you for your entire life.  Employment, no matter how well it is going today, usually only lasts for a few years.”

 

I strongly urge you to protect your health for the sake of yourself and your family.  Even if your injury is years old and your Employer never completed the First Report of Injury, in many instances a workers compensation claim can still be made.  I can review your case and will usually be able to advise you of the same during our first meeting. 

 

I represent injured workers at Atkinson Law Offices and Minnesota Disability.  My entire practice is focused on sharing the secrets and tips that the workers compensation insurers refuse to tell you.  In almost every instance where I meet with a client, I find a benefit that is overlooked and not being properly paid.  Whether you have an admitted or denied injury, I would be happy to discuss your case with you.  You can reach me directly at 651-324-9514.  Remember there is NEVER EVER a fee unless you recover a benefit.  This means there is no retainer or payment ever made by you to me! 

Work Related Carpal Tunnel Syndrome

Everyday Minnesota workers deal with a painful condition of the hands and wrists know as Carpal tunnel syndrome (CTS) or median neuritis. Bilateral Carpal Tunnel Syndrome is caused by pressure on the median nerve, which runs from the shoulder down the arm to the hand. In advanced cases, carpal tunnel syndrome can make the simplest chore or activity impossible, such as gripping objects at work to folding laundry at home.  

Carpal tunnel syndrome can occur in one wrist, or both (bilateral carpal tunnel). It affects workers in many industries such as meatpacking, grocery checkout, and assembly work. In nearly two decades of handling Minnesota Workers Compensation matters, attorney Tom Atkinson has found bilateral carpal tunnel syndrome to be especially prevalent among those whose work involves computers, repetitive gripping and grasping of work related parts/tools, fine manipulation, and work with vibratory tools.

Symptoms: In addition to pain, the symptoms of carpal tunnel syndrome include numbness and tingling in the hands. These symptoms are usually felt in the first three fingers and the base of the thumb. Often the pain and other symptoms are worse at night or during sleep.

The figure below shows the parts of the hand and wrist that are involved. Tendons of the fingers, blood vessels, and the median nerve all pass through what is called the carpal tunnel. The carpal tunnel is formed by the carpal ligament in the wrist. Swelling and steady irritation of the tendons that pass through the carpal tunnel create pressure on the median nerve.

Risk factors: The major causes of carpal tunnel syndrome are:

• working with bent wrists;
• a high rate of repetition using the hands;
• vibratory tools;
• a lack of rest for the hands and wrists; and
• forceful hand motions.

All of these risk factors are not necessary to get carpal tunnel syndrome. For example, VDT operators get carpal tunnel syndrome even though modem computers only require a very light force to press the keys. The awkward posture, intense keying, and lack of rest periods are more than enough to cause problems.

Prevention: Carpal tunnel syndrome can be prevented by controlling the risk factors that cause the injury. This is done through the application of ergonomics.Ergonomics means changing the work to fit the worker, rather than making the worker try to fit the work. A comprehensive ergonomics program includes the following elements:

• Engineering controls: This means providing equipment to reduce exposure to risk factors. For example, computer operators need to be able to adjust the height of their chair and/or keyboard in order to avoid having to bend their wrists while keying. Other examples include ergonomically designed hand tools that have angled handles that allow workers to keep their wrists straight while using the tools. 
• Administrative controls: This refers to the pace of work, breaks, other tasks that do not require repetitious hand and wrist movements, and other factors about work organization. 
• Medical management: The management of CTS requires that a correct diagnosis is made and proper medical treatment and follow-up is provided. Working conditions that expose workers to risk factors need to be eliminated or reduced as much as possible. Without such changes, injured workers will still be exposed to the very conditions that caused the problems in the first place, and will likely cause the workers to be injured again. Having injured workers wear wrist braces and then continue to work under the same conditions that caused their injuries is not acceptable or appropriate medical management.

Early and proper treatment is important for this condition. Treatment should start out conservatively with rest and physical therapy. Surgery should not be the first choice. The person's job may have to be redesigned to remove or reduce risk factors at work. Otherwise, the symptoms are likely to get worse and require surgery to relieve the pain.

• Training: Workers and their managers need training about engineering controls, administrative measures, and medical management. Workers should know: how to recognize the signs and symptoms of CTS; who to report them to; how to adjust equipment; when to give their hands and wrists a rest from repetitious and/or forceful motions; and take other steps to prevent getting carpal tunnel syndrome. 
• Program Evaluation: The ergonomics program needs to be evaluated to find out if the number and severity of cases of carpal tunnel syndrome have been reduced. Accurate and complete records need to be kept in order to measure the effectiveness of the program.

If your have experienced bilateral carpel tunnel surgery in the past and were recently laid off OR you have any the symptoms decribed above I urge you to seek medical treatment immediately.  If you do NOT have health insurance please contact me and we can discuss whether your employers workers compensation insurance should provide for your treatment.  I may be reached directly by contacting me at 651-324-9514 (attorney Tom Atkinson) or through my web site www.mndisability.com  The attorneys at Minnesota Disability are available to meet with you throughout Minnesota, seven days a week!

Work Injuries Can Develop Slowly Over Weeks or Even Years

Injuries are generally thought to be the result of a specific occurrence; i.e. you lift a heavy object at work and hurt your back.  However, Minnesota workers’ compensation law recognizes that not all injuries occur as the result of a single incident. Some injuries are the result of a degenerative process caused by the physical stresses of particular jobs over a period of time. These injuries are referred to in workers’ compensation parlance as “repetitive minute trauma,” or “Gillette” injuries.  Gillette injuries can develop over a few weeks or many years of trauma.  Injuries can occur to just about any part of your body and both the employee and his/her treating doctor generally overlook the cause.

Gillette injuries are as compensable as injuries that occur as a result of a specific occurrence.  Because of the nature of these injuries, however, the question arises as to the exact date of injury. This question is significant because generally it is the insurer covering you as of the “date of the injury” which is responsible for providing workers’ compensation benefits. The general rule holds that a Gillette injury has not occurred, or “culminated,” until the employee has either lost time from work or required a change of duties because of his or her physical condition. It should be noted, however, that there are frequent exceptions to this rule depending upon the facts of each individual case.

If you feel you may have sustained an injury over time as described above, please contact attorney Thomas Atkinson at MN Disability and we can examine your work history along with you doctor to investigate the possibility of an overlooked work injury.  Mr. Atkinson sees clients throughout Minnesota and the Twin Cities seven days a week and you can generally reach him in person by calling his office at 651-324-9514. You can also visit his web site www.mndisability.com

Layoff of Employees with Minnesota Workers Compensations Injuries

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In the first two months of this year, Minnesota lost 24,000 jobs across a multitude of areas including professional, manufacturing and government. It is important to remember that a lay off does NOT relieve an employer’s obligation to continue providing ongoing workers compensation benefits to an injured worker. What many Minnesotans don’t realize is that aside from unemployment benefits, they may be entitled to substantial workers compensation benefits for ongoing workers compensation injuries. These benefits could include wage loss benefits AND retraining. Minnesota’s Workers’ Compensation law permits laid-off workers to receive wage loss benefits, if a work injury affects their ability to find employment after being laid off. This is often not a very difficult burden to establish given this down economy. Unfortunately, injured workers are sometimes the first employees laid off by an employer despite claims otherwise.

Who is qualified for rehabilitation benefits?

A "qualified employee" entitled to receive rehabilitation services. Minnesota Rule 5220.0100(22) defines "qualified employee" as: An employee who, because of the effects of a work-related injury or disease, whether or not combined with the effects of a prior injury or disability:

A. Is permanently precluded or is likely to be permanently precluded from engaging in the employee's usual and customary occupation or from engaging in the job the individual held at the time of injury;

B. Cannot reasonably be expected to return to suitable gainful employment with the date-of-injury employer; and

C. Can reasonably be expected to return to suitable gainful employment through the provision of rehabilitation services considering the treating physician's opinion of the employee's work ability.

I’ve been laid off, now what do I do?

First, file for unemployment IMMEDIATELY. If you are not receiving workers compensation benefits at the time of layoff or are unsure about your eligibility, I encourage you to apply for unemployment. If you are later found eligible for unemployment, your receipt of workers’ compensation benefits will offset your unemployment benefit. Unlike unemployment, however, your workers compensation wage loss benefits are generally TAX FREE. You can apply online or by telephone by contacting the State of Minnesota through their web site www.uimn.org/ui/

Next contact our office and we will assist you in obtaining a copy of your employment and workers compensation files. With nearly two decades of experience handling cases involving injured worker, Thomas Atkinson and MN Disability can help explain whether your old or current injuries entitle you to rehabilitation benefits or a many other Minnesota Workers Compensation benefits. If you are found to be “qualified” you may be entitled to the assistance of a Qualified Rehabilitation Consultant who will act on YOUR behalf to help you find a new job or seek retraining opportunities. Injured workers entitled to rehabilitation benefits are often entitled to full-time wage loss benefits in the form of temporary total disability as well. If you have already found a new part-time or full time job you may still be entitled to rehabilitation assistance and other wage replacement benefits such as temporary partial disability benefits.

Remember that a lay off does NOT relieve an employer's obligation to continue providing ongoing workers' compensation benefits to an injured worker. If you suffer from the effects of a current or old workers compensation injury, and you have been laid off, call attorney Tom Atkinson at Atkinson Gerber Law Office TODAY for a free consultation. With nearly two decades of experience practicing in ONLY workers compensation, we know how to navigate the work comp maze. We have evening and weekend appointments open throughout Minnesota. tom@workcomplawyers.com or 651-333-3636.