Does Minnesota Have Pain and Suffering For Work Injuries?

Minnesota workers compensation provides a different form of "damages" then one would receive in a personal injury accident such as a car accident or medical malpractice claim.  The reason is that "negligence" is not a factor in determining the cause of the injury or damages.  It's not relevant whether your co-worker or employer are negligent or that your injuries prevent you from doing the personal or social activities you did before your injury.

You can expect to receive lost wage benefits, vocational assistance to keep or find a new job, payment of your medical expenses and a small payment for any resulting permanent disability.

When I meet with new clients I'm always up front and tell them that these benefits may not seem fair, because in many instances they are not.  Especially when your employer or co-worker were grossly negligent.  I agree, Minnesota's workers compensation system is not fair.  I had a work injury too; a low back surgery many years ago.  After being off of work for months, being forced to give up activities I loved, having to hire people to perform household chores I can no longer perform, I received a small sum of money for my troubles.  Yep, it isn't fair.

Our lawyers ensure that even if you believe you are receiving all of the benefits listed above, you are receiving the proper amount.  Often the basis for your wage loss is incorrect, or you are directed by the insurance company or your employer to treat only with a particular doctor who doesn't have your best interest in mind.  Everyone who has a work injury should take 30 minutes to speak to an experienced work comp expert.  Not a "dabbler" or "baby lawyer".  At Atkinson Law, we specialize in workers compensation, we have over 60 years combined experience and year after year are chosen as Super Lawyers by our peers and judges.  Call today for an appointment.  651-333-3636.

You Are Employed By A Minnesota Employer And You Were Hurt At Work. What Should You Do?

We get this question almost every week.  One of the many concerns employee's have is that they will be considered a "traitor" or no longer a "team player".  Some employees even worry that they could be terminated for reporting a work injury.

If you have suffered a work injury DO NOT give in to the pressure.  You may think the injury will pass so as directed by the supervisor you tell the ER or doctor that the injury happened at home and in exchange the employer promises to cover all your medical bills.  Well that is illegal AND as soon as the condition becomes worse the employer no had documented proof that the injury did not happen at work and you and your doctor are the witnesses.  Please don't lie for your employer.  I have seen so many employees burned by this trick. 

Report the injury to your supervisor, human resources and/or the safety director.  I prefer emails as they create evidence of the notice of injury.   If you need to seek emergency medical attention do that first, but then contact your employer as soon as possible. It's important that you document the nature and extent of your injuries and how the injury occurred.  If there was no "specific injury" be sure to describe you work activity in the days, hours and moments before you notice the symptoms.  If your employer will not complete a First Report of Injury (FROI) form, the attorneys and paralegals at Atkinson Law Office and Minnesota Disability are happy to assist you for FREE.  We can provide you with the proper form, assist you in completing it and then file it with with the Minnesota Department of Labor and Industry.  Feel free to contact us at 651-333-3636 and visit us at our website www.mndisability.com   There is never a fee to meet with us and we only collect a fee if benefits are recovered for you.

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.

The Workers Compensation Insurer Is Paying My Benefits. Do I Really Need An Attorney?

Some injured workers think that an insurance company that is paying them some forms of Minnesota work comp benefits is looking out for them.  Unfortunately this is generally a false presumption and they are not getting  ALL of the benefits they are entitled to receive.  I hate to burst new clients bubbles but almost with exception this notion is wrong.  Wrong I say?  But the adjuster is so nice and they hooked me up with another "nice" QRC who goes with me to the doctor and says nice things...almost like they are my new best friend.   Really?  Do you honestly believe that a for profit insurance company is looking out for you the injured worker?  I have been on the other side; I have been an injured worker; I have represented hundreds and hundreds of injured workers and I can tell you that insurance companies and most employers only care about returning you to work as fast as possible.  This means steering you to doctors who believe that "occupational medicine" requires a finding of returning to work without restrictions as fast as possible, damn the consequences.

I previously worked on the "dark side" of Minnesota's workers compensation system for over 15 years and I can assure you that you are paid only those benefits that are absolutely mandatory and nothing...and I mean nothing more.  Cutting costs, reducing "lost time" claims, steering you towards insurance friendly doctors is a daily activity driven by employers and claims managers.  Don't get me wrong, there are well meaning, kind and thoughtful adjusters who try to work within the limits of their insurance company managers.  But most are like the wonderful actors and actresses of Broadway and those that are truly thoughtful and kind, are overseen by taskmaster management that meet every week to discuss how to manage costs and move cases towards closure as fast and cheap as possible.  This is the real world and you would be shocked, very shocked to know the truth.  Very few of my fellow attorneys who limit their practices to representing injured workers like myself have seen this side of the Minnesota Workers Compensation system. Let me show you the secrets to ensure you get the benefits your are entitled to today.  Feel free to explore my background and learn tips to obtaining all the benefits you are entitled to.  Contact my office for an absolutely free no pressure visit.  651-333-3636

You Have Been Injured At Work. What Should You Do First.

Under Minn. Stat. § 176.141 Minnesota workers’ compensation case law, an employee must give notice of injury no more than 180 days after it becomes reasonably apparent to the employee that the injury has resulted in, or is likely to cause, a compensable disability.  For years it was believed that an employee who sustained a work injury over many months or years did not have to advise their employer of a work injury until their doctor gave them expert medical advise of the same.  However late this summer the Minnesota Supreme Court decision Anderson v. Frontier Communications.

In Anderson v. Frontier Communications, the employee claimed a repetitive trauma injury known as a "Gillette" injury to his low back injury from his work as a lineman from 1986 through 2007. He employee did not initially seek medical treatment for his back condition until 2007. At trial the employee admitted he knew that his work activities were aggravating his low back problems in 2007. His doctors did not place any restrictions on him and the injury was not reported to the employer. The employee went off work for low back surgery in 2007. After soliciting reports from his surgeons in May 2009, nearly two years after the last day he worked, the employee gave written notice of his injury to the employer.

The Supreme Court created a new rule that essentially means that if you are injured you MUST notify your employer within 180 days that you were injured regardless of how minor your injured may initially be.  If you cut your hand, get a sliver in your eye, twist your back, sprain your knee tell your supervisor or employer safety director immediately.  Due NOT wait, hoping it gets better.  If your supervisor won't get you a form to report the injury, call my office and we will do it for FREE!  YES FOR FREE!

At Atkinson Law Office and Minnesota Disability we have an award winning team of staff and lawyers with decades of experience working with injured workers.  Our telephones are answered 24 hours a day/7 days a week.  Your consultation is free and there is never a fee unless we recover benefits.  And we have staff to assist you filling out First Reports of Injury to protect your right to Minnesota Workers Compensation benefits.  Call today 651-333-3636 in the Twin Cities or throughout the entire state of Minnesota.

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