Minnesota Workers Compensation Injuries Can Result in Chronic Pain, RSD, and CRPS

When I began assisting injured workers over 20 years ago at the start of my career, I had never heard of the terms complex regional pain syndrome (CRPS).  Sure we encountered clients with unusual pain patterns that had the peculiar tendency to move, but little was known about this as a stand alone disease.  This condition was not treated as a disease, but rather a symptom.  In fact, many doctors still treat CRPS as a symptom rather than the illness it is recognized today.  CRPS is a highly painful, limb-confined condition, which arises usually after trauma. It is associated with a particularly poor quality of life, and large health care costs. The causes of CRPS remain virtually unknown but is usually referred to as an immunodisorder or one's body's reaction to trauma that is extreme.   The condition's distinct combination of abnormalities includes limb-confined inflammation and tissue hypoxia, sympathetic dysregulation, small fiber damage, serum auto antibodies, central sensitization and cortical reorganization. These features place CRPS at a crossroads of interests of several disciplines including rheumatology, pain medicine and neurology.  As such it's often difficult to diagnose, treat and manage.

Significant scientific and clinical advances over the past 10 years hold promise both for an improved understanding of the causes of CRPS, and for more effective treatments.  The treatment of CRPS is multidisciplinary and aims to educate about the condition, sustain or restore limb function, reduce pain and provide psychological intervention.  Unfortunately most majo
r cities, including those in Minnesota have a very limited number of experts willing to actively treat and manage CRPS.  However, results from recent randomized controlled trials suggest that it is possible that some patients whose condition was considered refractory in the past can now be effectively treated, but confirmatory trials are required.

At Atkinson Law Office and Minnesota Disability we have represented and currently represent many clients with diagnosed CRPS.  We are familiar with the medical experts in Minnesota and are often helpful in guiding injured workers to referrals to said physicians and clinics possessing expertise in CRPS.  If you have a work related injury and would like a FREE consultation (yes it is absolutely free), please call us today at 651-333-3636.  We represent injured workers across Minnesota and those injured while working for Minnesota employers across the country.  We have a team of professionals with unparallelled experience, most with literally decades of experience in workers compensation both as injured workers themselves.  At Minnesota Disability and Atkinson Law Office we are ready to assist you today.

Minnesota Department of Labor and Industry Workers Compensation Office

The Minnesota Department of Labor and Industry in St. Paul Minnesota does many things to assist employers and employees throughout our state.  One of their biggest functions is assisting employers and employees who have sustained workers compensation injuries.  The office does NOT and can NOT represent injured workers.  Keep in mind that the DOLI help desk employees give advice to employers, insurance companies AND employees, and are not bound by attorney client privilege.   In fact, some of those with whom you speak to might not even be attorneys.

If you need legal advice I strongly urge you to contact an experienced workers compensation attorney first.  A private workers compensation attorney will give you excellent advice free of charge.  The Minnesota Department of Labor has an excellent and important role in assisting injured workers.  However, providing legal advise is not one that I support nor recommend for most injured workers.

If you have been injured please call a licensed and experienced workers compensation attorney immediately.  You can find them through the Minnesota State Bar Association, Minnesota Association for Justice and at fine law offices such as Atkinson Law Office and Minnesota Disability.  We offer free consultations at no charge by simply calling 651-333-3636.

I Think I Have A Work Injury. How Long Can I Wait To Bring A Claim?

If you have been injured at work OR believe that your work activities have caused, aggravated or accelerated an injury (even a pre-existing non work injury), time is your enemy.  Recent Minnesota Workers Compensation court decisions state that when you believe you have been injured at work, the clock begins to tick even though a doctor may not necessarily support your belief.  You may have to file a claim before you have obtained a narrative medical report just to prevent the "statute of limitations" lapse on your claim.  We can provide you with the information on filing the claim while you obtain firm support for you claim.  Though the initial medical records may be vague or unclear, often times medical specialists are just as clueless about the rules on "causation" as you the injured worker.

Contacting an experienced workers' compensation attorney such as those at Atkinson Law Office and Minnesota Disability for a free consultation is an excellent first step.  Thomas Atkinson has over 2 decades of experience in workers compensation matters having formerly represented insurance companies and now limiting his practice to representing injured workers.  Thomas has received numerous recognitions by his peers, spoken at many continuing legal educations seminars, counseled other lawyers in the area of workers compensation, and even been hired to provided expert testimony on the proper handling of workers compensation claims.  Let Thomas share with you the workers compensation secrets that the insurance companies want to hide from you. 

If you have been injured it's very, very important that you call for a FREE consultation.  Atkinson Law Office, P.A will help you determine whether you have a claim or even assist you in obtaining the medical support you need to prove your injury.  Contact our office today at 651-333-3636 or visit our website for more information.  www.mndisability.com

I Have Had Both Neck Surgery And Back Surgery; Do You Need Back Or Neck Surgery?

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Since my neck surgery I have run a marathon, and following my back surgeries I have run a half marathon and many 10k races.  I share this with you not so that you take surgery lightly, but to recognize that there are very successful outcomes to back and neck surgery.  

For most injured workers, spine surgery is “elective”, meaning that it is considered as a possible approach to enhance an injured worker’s ability to function and decrease pain. However, just because spine surgery is elective or recommended by a spine surgeon does not mean the workers compensation insurance company will agree to pay for it.  Almost without exception, the work comp insurer will require an independent medical examination.

"Elective" just means that surgery of the spine is rarely an absolute necessity. Like myself, most often surgery is performed to relieve significant pain or reduce symptoms such as radiating pain, numbness or tingling down one’s legs or arms.  Only in rare instances, such as for patients who have a progressive neurological loss of function or sudden onset of bowel or bladder incontinence, is spinal surgery actually necessary on an emergency basis.

Spine surgery can basically accomplish two tasks:

1. Decompress a nerve root or the spinal cord
2. Stabilize an unstable or painful segment with cervical, thoracic or lumbar fusion

Some injure workers with back or neck pain wonder by a surgeon doesn’t perform exploratory surgery.  I have never heard of exploratory spine surgery. The cause of a patient’s pain is not readily apparent with opening and exploring the spine. The preoperative evaluation and imaging results are what identify the problem and guide the design of the procedure.

If you have been injured, contact the attorneys of Minnesota Disability and Atkinson Law Office, P.A. For a FREE consultation call 651-333-3636.  Our phones are answered 24 hours a day.

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

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. 

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. 

Full, Final and Complete Settlements; To Do or Not To Do?

You have been injured in a Minnesota workers compensation accident and the insurance company adjuster wants to settle your case.  Throughout the claim you may have felt the adjuster was "good to you" and always treated you fairly.  In some cases adjusters do treat injured employees well but when it comes to a settlement they are NEVER looking out for your best interest.  Adjusters are employees who must answer to a supervisor and other upper management.  Day in and day out their drive is to minimize costs.  Settlement of your case for as little as possible is one the methods to achieve those goals.

If you are offered a settlement I strongly urge you to contact an experienced work comp lawyer.  Try to chose one that has experience working for both sides at some time in their careers.  You are want to chose a lawyer who limits their practice to assisting injured and disabled employees exclusively.  Lawyers who practice in multiple areas are less likely to be able to keep up with the changing laws, maintain familiarity with the rules at the Office of Administrative Hearings, and are generally disconnected from the overall practice and thereby limited in their ability to effectively evaluate your case.  They have names for lawyers like me; they call us Comp Heads or lawyers who do this day in and day out.

If you are offered a settlement by an insurance company and you are unrepresented or represented by an attorney who only dabbles in this area, I am more than happy to talk to you about the offer.  Every year, I represent clients who have been offered the "top dollar" by an adjuster and every year I obtain much larger settlements for clients.  My analysis is FREE so you really have nothing to lose.  Contact our office at 651-333-3636 or call us toll free at 888-933-5619 to speak with an attorney today.  Also feel free to visit our website to learn more about your workers compensation rights and our lawyers www.mndisability.com

Independent Medical Examinations are NOT Independent!

Many injured workers are under the mistaken belief that seeing an IME ("independent medical examiner") is simply a second opinion to address your injuries.  It is NOT!  This is an ADVERSE examination and though the below video makes light of the process you should not!  Though not all IME doctors are crooks, I have run into quite a few over the past twenty years.  Having undergone an IME myself  as well as being involved in thousands of these examinations during the course of my career, I have valuable secrets to share with you about this process. 

I strongly urge you to meet with an attorney BEFORE attending the any examination scheduled by an insurance company.  Contact attorney Tom Atkinson at 651-333-3636 or toll free at 888-933-5619 TODAY and visit our other website at www.mndisability.com where you will find additional information about workers compensation and independent medical examinations.  At Atkinson Law Office and Minnesota Disability, a free consultation is only a phone call away.

Top Minnesota Workers Compensation Attorneys

You have the absolute right to chose the attorney who represents you in a workers compensation matter. At Minnesota Disability and Atkinson Law Office we have recovered millions of dollars for our injured and disabled clients. Regardless of who you chose to represent you, Minnesota laws require that we ALL charge the same fee and that said fee is always paid directly by the insurance company rather than you!

Attorney Thomas Atkinson has been recognized by his peers as both a Rising Star and Superlawyer honors indicating he is one of Minnesota's top worker compensation attorneys. Atkinson Law Offices has successfully represented clients throughout Minnesota including; Minneapolis, St. Paul, Duluth, St. Cloud, Alexandria, Rochester and throughout the Iron Range. Our staff includes individuals with decades of experience handling workers compensation claims. Atkinson Law Office and Minnesota Disability have the unique experience of having individuals who have previously represented insurance companies and employers in workers compensation disputes. Our practice is now limited to representing injured employees and are anxious to share the secrets we have learned over many decades to maximize your benefits and monetary recovery.

If you are looking for a top Minnesota Work Comp attorney, contact our office today. Do NOT wait until you have a benefit dispute, you may already be losing benefits that your have been advised. Contact Tom Atkinson at 651-414-0678 or tom@mndisability.com Also visit out website at www.mndisability.com

The workers' compensation insurance company hired a "Nurse Case Manager" in my case. What does that mean, and how am I supposed to deal with them?

Time and again I ask new clients whether they have a QRC or Qualified Rehabilitation Counselor. These clients often respond that they have a nurse case manager which is the same thing. WRONG!

A nurse case manager is NOT I repeat NOT neutral in any sense of the word. Workers' compensation insurance companies often assign a nurse case manager advising the employee the nurse is merely helping that the injured worker receives the prescribed medical care, and to assure that the worker returns as quickly as possible either in a light duty or full duty position.

The truth is that the nurse case manager often works behind the employee's back to push, bully and force doctors to try to get a premature light duty release from the doctor so you can return. Often this actually leads to delayed recovery and even further injury. Many nurse case managers will try to enter the examination room with the injured worker. You have a right to meet with your doctor privately and unlike many states, here in Minnesota you can prevent the nurse case manager from speaking with the doctor. I often advise my clients to discharge nurse case managers as they serve no benefit to the injured worker. DO NOT ALLOW THE NURSE CASE MANAGER TO SPEAK WITH YOUR DOCTOR PRIVATELY, DEMAND TO BE PRESENT WHEN YOUR MEDICAL CARE IS DISCUSSED.

Do not go it alone. Speak with an experienced workers' compensation lawyer. Call today for a free consultation. Attorney Thomas Atkinson has nearly two decades of practicing exclusively workers compensation. Call today at 651-333-3636 or visit our web site at www.mndisability.com.

What Is SI Joint Pain?

Sacroiliac joint pain

What is Sacroiliac (SI) joint pain? SI joint pain has gained a lot of attention in the last ten years as an under appreciated cause of back pain with some studies indicating it is responsible for 15% to 40% of low back pain. The increased attention is due to the increasing knowledge of the SI joints intimate role in pelvic stability. I hope more physicians consider SI joint pain in their differential after reading this article.

Pathophysiology

SI joint dysfunction due to inflammation within the joint itself is called sacroilitis. Pain from within the SI joint is common in rheumatoid patients and spondyloarthropathies.

The other cause of SI joint dysfunction can result from instability of the SI joint following a work injury. Many experts feel that SI joint pain is a component of a larger problem of pelvic instability. Pelvic instability has traditionally been underappreciated as a cause of low back pain, buttock pain, groin pain, and leg pain. Physical therapists and doctors of osteopathic medicine have been teaching these concepts for years but only relatively recently has this dissemination of knowledge trended towards mainstream thinking among medical doctors.

The SI joint complex (the SI joint and its associated ligaments) is the major support structure of the pelvic ring and is the strongest ligament complex in the body. The complex consists of interosseous sacroiliac ligaments, iliolumbar ligaments, posterior sacroiliac ligaments, and the sacrotuberous and sacrospinous ligaments. The SI joints are two of the three joints involved in the stability of the pelvic ring. The pelvic ring is the meeting place of the force vectors from the upper body and the lower extremities. The third joint in the pelvic ring is the pubis symphysis. Pelvic instability causes pelvic rotation which can also cause twisting of the pubis symphysis. Coupling this with its anterior location appears to provide an explanation as to why patients with SI joint instability can also experience anterior groin pain. Anecdotal evidence for this is seen when patients undergo a successful SI joint intra-articular injection relieving all of their posterior back, buttock, and leg symptoms but the patient still has groin pain. Groin pain is almost never eliminated by SI joint injections unless pelvic symmetry is corrected.

If the SI joints are unstable, it can lead to significant pain and discomfort over the SI joints as well as numerous referred areas. If an individual affected by SI joint pain has pain only over his or her SI joint, he/she should be considered lucky. Most often SI joint instability causes unnatural strain on the entire low back and pelvic region causing a sometimes confusing clinical picture. Pain referral patterns of SI joint pain are often confused with L5 or S1 radiculitis or radiculopathies.

If you suffered a work injury let Atkinson Law Office P.A. & Minnesota Disability help you obtain the answers you need TODAY! We have worked with physicians and specialists throughout Minnesota to help injured workers find the answers to their injuries for nearly two decades. Contact attorney Thomas Atkinson directly at 651-324-9514 or email at tom@mndisability.com You may find additional information at our website www.mndisability.com

Who Pays For The Medical Bills For My Workers Compensation Injury?

Under Minnesota's workers compensation laws, an employee sustaining a work related injury is entitled to reasonable and necessary medical treatment. Given this rule many injured workers assume that the Minnesota employer and workers’ compensation insurer will automatically pay for the injury and the related medical expenses. This is unfortunately often not the case.

Many injured workers then go without treatment which allows the same employer and workers compensation insurer to allege that the lack of treatment is an indication you were NOT injured or injured that bad. Given some cases can take anywhere from a few months or even up to a year before a judicial determination is made on the dispute, it is VERY important that you find some way to get the treatment you deserve and need.

If you have private health insurance and your workers compensation claim or treatment has been denied, Minnesota law requires the health insurer to provide coverage under their policy and seek reimbursement from the workers compensation insurer. Many of my clients have overlooked this right as nobody who works for the insurance company is willing to share this secret.

If, however, you are without health insurance you are not alone. Nearly 700,000 Minnesotans receive health care through the state’s three publicly funded basic health care programs — Medical Assistance (MA) — Minnesota’s Medicaid program, General Assistance Medical Care (GAMC) and MinnesotaCare. For more information click here. Even with these programs in place,over 453,000 Minnesotans go without health insurance according to the U.S Census Bureau.

The Minnesota Department of Human Services (DHS) administers these programs and pays all or part of enrollees’ medical bills for:

Medical Assistance (MA) (Minnesota’s Medicaid program) is the largest of the health care programs, providing health care coverage and prescription medication coverage for a monthly average of 507,000 low-income senior citizens, children and families, and people with disabilities in fiscal year (FY) 2007.

General Assistance Medical Care (GAMC) provides medical care for a monthly average of 33,000 (FY 2007) low-income Minnesotans who don’t qualify for MA or other state and federal programs — primarily low-income adults, ages 21 and 64, who do not have any dependent children.

MinnesotaCare is a publicly subsidized program for Minnesota residents who don’t have access to affordable health care coverage. In order to eligbile you must meet the following:

• Have a Social Security number or be willing to apply for one (unless you have religious objections);
• Live in Minnesota;
• If you are an adult and do not have children living with you, or if your children are over age 21, you must have lived in Minnesota for six months;
• Be a U.S. citizen or non-citizen lawfully residing in the U.S.;
• Not have other health insurance now or have had health insurance (including Medicare), for at least four months except for Medical Assistance enrollees whose health insurance premium was paid for by Medical Assistance; and
• Not be able to get health insurance through an employer who offers to pay at least half the monthly cost.

Assistance in applying can be found here.

The only way an injured worker can get back to work is to get the necessary medical treatment. If you find yourself without medical insurance and the workers’ compensation insurer refuses to pay for your medical treatment, look into contacting the state and/or county for assistance. MinnesotaHelp.info is another great resource for help.

If you have been injured at work, attorney Tom Atkinson is more than willing to discuss your claim. There is NO obligation and he is willing to review your case to ensure you are properly receiving all the benefits you have coming to you. Contact him directly at 651-324-9514 or visit his web site at www.mndisability.com

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!

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

I Don't Live In Minnesota But Was Injured In Minnesota While Working For An Out of State Employer. Do I Have A Minnesota Work Comp Case?

YES! I represent many clients whose only connection to Minnesota is the unfortunate fact that they were injured here. I have represented truck drivers, roofers, and even insurance adjusters who were injured while working for out of state employers while performing their jobs in Minnesota. Without exception if you were injured while in MINNESOTA you are entitled to Minnesota Workers Compensation benefits. Though you may have the choice to elect another jurisdiction, there are very few jurisdictions which provide comparable benefits to Minnesota.

Conversely, if you are a Minnesota resident working for a Minnesota company outside of Minnesota you may also be entitled to Minnesota Work Comp benefits even if your injury occurred across the globe! The court will look at the following criteria:

Extraterritorial Application. If an employee who regularly performs the primary duties of employment within this state receives an injury while outside of this state in the employ of the same employer, the provisions of this chapter shall apply to such injury. If a resident of this state is transferred outside the territorial limits of the United States as an employee of a Minnesota employer, the resident shall be presumed to be temporarily employed outside of this state while so employed.

Temporary employment outside Minnesota. If an employee hired in this state by a Minnesota employer, receives an injury while temporarily employed outside of this state, such injury shall be subject to the provisions of this chapter.

It is important to note that even if you have already initiated a claim for workers compensation benefits in another state you still may be able to pursue a claim in Minnesota courts for benefits. Contact an experienced workers compensation attorney such as myself, Thomas Atkinson at 651-333-3636 or visit my website TODAY. www.mndisability.com I look forward to discussing your case.

I Didn't Suffer A Specific or Sudden Injury, It Happened Gradually. Is This A Work Injury?

YES, your work was likely a substantial contributing cause and accelerated your injury.

When people think of work injuries, they often think of sudden, unexpected accidents, such as falling off a ladder, being involved in a car accident, slipping and falling, or injuries due to lifting heavy objects. These types of work injuries are known as “specific injuries” under Minnesota workers’ compensation law. These types of injuries are caused by an specific event at a specific time. But what about injuries that occur over a long period of time, that weren’t necessarily caused by a specific event, and didn’t occur at one specific time?

Under Minnesota work comp law, these types of injuries are known as Gillette-type injuries. They are also commonly referred to as cumulative trauma injuries or repetitive motion injuries. Repetitive motion injuries or cumulative trauma injuries are referred to as Gillette-type based on the name of the case where the Minnesota Supreme Court recognized the compensability of these types of injuries.

People in occupations where their job duties require repetitive motions tend to be at greater risk for Gillette-type work injuries; however, almost any type of work activity can cause a cumulative trauma or repetitive motion injury.

Repetitive motion injuries are frequently seen in the following types of occupations:

* Assemblers
* Machine operators
* Textile sewing machine operators
* Secretaries * Cashiers
* Packaging operators
* Electronic assemblers
* Data entry workers
* Truck drivers
* Welders
* Butchers and meat cutters
* Bookkeepers
* Auditors
* Accountants
* Freight, stock and material handlers
* Carpenters
* Hairstylists
* Mechanics
* Dental hygienists
* Construction laborers

There are many factors that affect the development of repetitive motion, cumulative trauma, or Gillette-type injuries:

* Repetitive motion: when a task is repeated frequently it can cause strains and fatigue in muscles, joints and tendons.
* Forceful exertion: tasks that require force place a higher load or stress on muscles, tendons and joints.
* Awkward posture/position: poor posture while performing a task, especially a repetitive task, puts strain on joints and muscles.
* Duration: tasks that require the use of the same muscles for long periods of time can cause fatigue in those muscles and make them susceptible to injury.
* Compression: pressing body parts on hard or sharp surfaces causes a decrease in blood flow to the muscles, tendons and nerves in that area. This can cause symptoms of tingling, numbness and change in sensation, and lead to tissue damage in that area.
* Vibration: activities involving vibration put stress on individual parts or the whole body. * Poor physical health: conditions such as diabetes, cardiovascular disease, Raynaud's, arthritis, smoking, alcoholism, gout, hypertension, poor nutrition, lack of exercise, stress and job dissatisfaction can increase the chance of developing a repetitive motion injury.

Common types of Gillette-type, repetitive motion, cumulative trauma injuries include:

* Tendinitis * Bursitis
* Carpal tunnel syndrome
* Rotator cuff tears
* Lumbar or cervical disc degeneration
* Lumbar or cervical disc herniations or bulges
* Epicondylitis
* Trigger finger
* Tenosynovitis
* Ganglion cyst
* Hand-arm vibration syndrome
* Radial tunnel syndrome
* Cubital tunnel syndrome
* Thoracic outlet syndrome
* Plica syndrome
* Patellofemoral pain syndrome
* Medial collateral tears
* Meniscus tears Gillette-type injuries are very frequently contested by employers and their workers’ compensation insurance company.

If you have sustained a repetitive motion, cumulative trauma, or Gillette-type injury at work, call Atkinson Law Office or click here to send us an email to schedule a free consultation. You may also contact Tom Atkinson directly at 651-324-9514 or visit www.mndisability.com

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

When Do I Need to Tell My Employer I May Have Been Hurt On The Job?

The basic rule is that when you realize your injury is related to work AND you believe that it will cause you to lose time from work you have 180 days to advise your Employer of the injury.

A work injury can be of three types, Gillette, Specific or Occupational Disease. I go three these types of injury in my blog in more detail but to review a Gillette injury occurs over weeks, months or even years until you are eventually disabled; a specific injury are injuries that occur instantly like dropping a hammer on your toe; occupational injuries are often the most complex and can be either specific or Gillette in nature and are usually due to exposures of chemicals or diseases in the work place.

ALL of these dates have exceptions that allow you to provide Notice AFTER 180 days following the development of symptoms. The date of injury is not a straightforward black and white issue. There are thousands of cases dealing with the issue of “culmination of injury”. The Court will typically look for a way to allow a compensable injury as long as you provided reasonable notice of your injury. There are exceptions for occupational diseases or trivial injuries where you may suspect work contributed to the injury but you aren’t sure and your doctor hasn’t definitively linked the injury to work activities. It is important to keep in mind that a physicians job is to assist you in treating your injury and whether it is work related or not is often far down on his/her list of important questions to ask during your brief encounters.

If you believe you may have sustained a work related injury OR your work activities have substantially aggravated a non-work related disability or medical condition you may be entitled to workers compensation benefits. Don’t come to that decision alone. Talk with an attorney whose practice is LIMITED to workers compensation and representing injured or disabled workers. At Minnesota Disability and Atkinson Law Offices I get calls every week from general personal injury attorneys asking questions about Minnesota Workers Compensation Rules. If a personal injury attorney doesn’t have an answer, you shouldn’t expect yourself to have the answer either.

I never charge a fee unless I recover a benefit on your behalf AND even then the fee is paid directly by the insurance company and not you! You will NEVER pay a retainer or fee directly to me for representing you! Call me at 651-324-9514 or email me at tom@mndisability.com.

How Do I Choose A Minnesota Workers Compensation Attorney?

Though there are many attorneys who can represent you in a workers compensation matter, I strongly urge that you select one that has at least 10 years experience, have never been disciplined by the professional board of responsibility, and limits their practice to representing disabled or injured workers.  

Many attorneys advertise that they can help you if you have been involved in a car accident, dog bite, slip and fall, or even a workers compensation matter.  This may be true, but given the complexity of Minnesota Workers Compensation laws one needs to ask how well can they represent me in this specialized area.  Some questions you should ask your attorney include:

1. Do you limit your practice to workers compensation,

2. Have you ever been discipline by the Minnesota Supreme Court,

3. Can they name 10 workers compensation judges from memory and ALL of the members of the Workers Compensation Court of Appeals,

4. Have they ever taken a work comp case up the Minnesota Supreme Court,

5. Do they have any special experiences which can assist you in your case (personal experience with work comp case, represented employers, insurers and injured workers).

I suggest that you use tools like the internet to research the attorney you plan to hire.  Find out whether the attorney has ever been disciplined (link on my web site), determine how long the attorney has been out of law school (link on my web site), call them on the phone or visit their office to see if you can work with this person.  You need to find an attorney that will be a "good fit" for you and your case.  

I have turned down clients seeking representation and referred them to other experienced workers compensation attorneys who might be a better fit than myself.  I pride myself in a personal approach to representing my clients and I want them to feel same about me.  If you would like to meet to discuss how I can assist you with you injury claim, feel free to contact me directly at 651-324-9514 or visit my website www.mndisability.com