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.

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

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

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

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

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

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

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