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 I Need to Know About Minnesota Workers Compensation Hearings.

Our lawyers have represented thousands of clients at workers compensation hearings at the Minnesota Office of Administrative Hearings.  Over the past 30 years the location of these hearings, the judges, and some of the procedures and formats have changed.  Despite these changes there are some facts that remain the same.  Workers compensation hearings are heard by experienced workers compensation judges NOT juries.  The judges work harder now than ever before with more pressures then ever to move cases quickly to resolution.  Without exception workers compensation judges are professional and courteous to all parties and I'm confident they do their very best in light of the hurdles they face.  We can disagree with their decisions from time to time, but I can assure my clients that our current workers compensation judges take YOUR case very seriously and will consider all the facts and apply the law to the best of their ability when your cases goes to hearing.

In preparing for a hearing keep in mind that one of the key criteria a judge considers is whether YOU and the other party are credible.  If you are credible, there is a strong chance you will prevail.  To this end ALWAYS ALWAYS ALWAYS tell the truth.  You are human and can surely forget particular facts but if you are caught in a "lie", your case may have become a herculean task for your attorney.  Like many attorneys, I have no interest in representing untruthful clients.  I can assure you there are lawyers out there who will, but at Atkinson Gerber Law Office we would rather put our reputation and hard work into representing the vast majority of those we meet; injured workers like you who want to be made as "whole" as the system will allow.

On the day of your hearing it's important to be on time, turn off your cell phone, act professional, and be prepared to team with your lawyer to WIN!  At Atkinson Law Office we are never afraid to take a case to hearing in order for you to obtain the best result possible.  If you have sustained a work injury contact Tom Atkinson or one of the attorneys with Atkinson Law Office and Minnesota Disability today for an absolutely free consultation.  We represent injured workers across the entire state of Minnesota and across the country who have been injured in Minnesota OR working outside the state of Minnesota for Minnesota companies.  651-333-3636 or call Tom directly on his cell phone at 651-324-9514.  www.mndisability.com

Must I Attend My Minnesota Workers Compensation Deposition?

-->

You hired an attorney to represent you in a workers compensation case and a short time later you receive a letter telling you to appear for YOUR deposition.  Holy cow, what do you do now?  You weren’t prepared for this.

Few things cause more anxiety for a injured workers than attending a deposition for their workers compensation case.  Having been deposed myself and having taken over a thousand depositions let me tell you that there's really no reason to be nervous.  With few exceptions, depositions in a Minnesota workers compensation claims are incredibly informal affairs that last 1-2 hours.  However, they can be extremely important in winning or losing your case if you don’t answer the questions truthfully, act like a jerk, or do not follow your attorney’s advice. 

Although every workers' compensation case has a unique set of facts and legal issues, depositions of injured workers usually follow a similar pattern and cover similar topics. 

1. Identifying Information.  Defense attorneys will ask you to provide a great deal of information regarding yourself, including your:

• Full Name
• Maiden Name
• Nickname
• Current Address
• Names of Residents at Current Address
• Addresses During Last Five Years
• Marital Status and Name of Husband or Wife
• Names of Children and Other Dependents
• Driver's License Number
• Social Security Number
• Whether you are a citizen of the United States
• Whether you are legally able to work in the United States
• Educational History
• Criminal History

Although defense attorneys ask several questions regarding injured workers' background and personal history, the majority of these questions are intended to elicit general information and allow the attorney to "get a feel" for the injured worker.  Defense attorneys always ask injured workers whether they have been convicted of a felony, so don't be offended if you are asked this question.  You must disclose this information truthfully if asked during your deposition; therefore, you should be sure to speak with your attorney about any prior arrests or convictions before your deposition begins.

2. Previous Employment.  Defense attorneys likely will ask you to provide the following information regarding your employment history:

• Names of Prior Employers
• Addresses of Prior Employers
• Dates of Prior Employment
• Job Duties with Prior Employers
• Names of Immediate Supervisors with Prior Employers
• Whether you Suffered any Injuries with Prior Employers
• Reason you Ceased Employment with Prior Employers

If you are asked about any prior on-the-job injuries, it is critical that you answer truthfully even if you had a prior on-the-job injury.  And this is true even if your prior on-the-job injury was the same or similar to your current on-the-job injury.  Similarly, if you were terminated by any prior employers, you must disclose any such terminations if you are asked.  Defense attorneys can easily obtain your prior medical and employment records, so lying to them or failing to disclose this type of information likely will allow them to impeach you and hurt your credibility.

3.  Previous Medical History.  Defense attorneys usually cover your medical history very thoroughly.  In so doing, they will usually ask you whether you have suffered from any of the following:

• Prior Non-Work-Related Accidents/Injuries
• Prior Work-Related Accidents/Injuries
• Prior Automobile Accidents/Injuries
• Prior Motorcycle Accidents/Injuries
• Prior Pedestrian Accidents/Injuries
• Prior Slip-and-Fall Accidents/Injuries
• Prior Sports-Related Accidents/Injuries
• Prior Military-Related Accidents/Injuries
• Chronic Medical Conditions or Diseases
• Names of Prior Medical Providers

You must disclose information regarding your past medical history if asked; therefore, if you have suffered any of the above-referenced accidents or injuries (or any others), you should speak with your attorney about them before your deposition.  Insurance companies have access to computerized records of injuries reported to any insurance company, and defense attorneys generally are able to obtain prior medical records, so there is no sense in lying about your prior medical history when asked.  You may be entitled to workers' compensation benefits even if you suffered from a prior injury or medical condition, but if you lie or fail to disclose this type of information when asked, you almost certainly will hurt your chances of receiving workers' compensation benefits.

4.  Description of On-the-Job Accident.  Workers' compensation in Minnesota is a "no fault" system, so, with some exceptions, the cause of your accident won't matter too much.  Your attorney should discuss your accident with you before your deposition, so if he or she does not, you should be sure to discuss this with them if you are concerned about it for any reason.

5.  Medical Treatment for On-the-Job Injuries.  You should be prepared to name all of the doctors who have examined or treated you for your on-the-job injury regardless of who sent you to each doctor.  In addition, you should be prepared to describe the type of treatment that each doctor provided and to explain whether and how the treatment improved your condition.

6.  Current Disability.  Defense attorneys always ask injured workers to list and explain their symptoms, and to explain how these symptoms limit their ability to perform work of any kind.  Along these lines, they will also ask injured workers to explain what types of work and non-work-related activities they could perform before their accidents but not after their accidents.  Finally, they usually ask injured workers what they have been doing in the spare time since their accidents.

The two important rules in closing that I always tell my clients before depositions are: (1) give short answers; and (2) tell the truth.  Most questions can be answered with a simple "yes" or "no", and perhaps a very brief explanation.  Never volunteer information that hasn't been specifically asked.  And tell the truth always - you never know if the carrier has been having an investigator follow you and perform video surveillance.  If you say you haven't done something, and they have you on videotape doing it, the judge won't believe a word you say. 

If your case has gotten to the point where you have a deposition scheduled, and don’t feel you are properly prepared, you should probably consult with attorney Thomas Atkinson at 651-333-3636 or visit us at www.mndisability.com  Your consultation is FREE and we never charge a fee unless we recover benefits for you!

Should I Particpate In A Minnesota Work Comp Mediation?

Has your attorney suggested that you participate in a mediation of your Minnesota Workers' Compensation Claim?  Over the past 20 years that I have participated in work comp claims, I have witnessed first hand the increasing use of meditations with excellent success.

Work comp litigation can involve significant costs over months and years with an uncertain end in store for both sides.  Even if the parties go to a hearing with a workers compensation judge, the "Findings and Order" are generally limited to the disputes up through the date of the hearing.  I too have had a work injury and agreed to mediate my workers compensation disputes through the use of a mediator.  Though I go to hearing or conferences before judges on an almost weekly basis in my practice representing injured workers, most injured workers like myself, find the mediation outcome worthwhile.

Why mediate a case when I can go to a hearing instead?  The number one reason is you may not like the outcome which can rarely be overturned on appeal.  Typically if you go to hearing and lose, your case is finished and though you may convince yourself that you went to trial for the "principal" of the matter, that's not always the best rational.  The mediators job is to bring the parties together in an effort to find common ground and come up with a settlement that, though both parties may not be thrilled with, is still satisfactory.

Meditations can be performed by excellent private mediators such as Joan Hallock, Dan Lively, Mike Aafedt, Mike Forde and Peter Pustorino.  These are all former workers compensation attorneys and/or judges who are hired by the parties to mediate disputes.  Another possibility is to utilize the services of the Minnesota Department of Labor and Industry or in some cases use sitting work comp judges at the Office of Administrative Hearings in St. Paul.  I have had meditations with all four judges who currently mediate matters at OAH and with most of the mediators at DOLI.  In my experience they all have their place depending up the particular facts or clients.

If you are not represented by an attorney and the insurance company recommends or suggests settlement, I strongly urge you to contact an experienced workers compensation attorney who may recommend mediation as a method to explore resolution of your dispute.  At Atkinson Law Office, P.A. and Minnesota Disability we have a staff and attorneys whose past experience in representing insurance companies is put to use in supporting YOU the injured workers.  Let us show you the secrets the insurance companies won't.  Contact us for a free consultation at 651-332-8792 or visit our main website www.mndisability.com today!

Gary Hall Named New Workers Compensation Court of Appeals Judge.

Congratulations to former Office of Administrative Hearing Judge Gary Hall who currently serves as Assistant Commissioner for Safety and Workers’ Compensation at the Department of Labor and Industry. Through his role as Assistant Commissioner, Judge Hall is responsible for the operations of the Workers’ Compensation and OSHA programs. He also acts as the Executive Director of the Workers’ Compensation Advisory Council.  He received a B.A. summa cum laude from the University of Minnesota in 1979; and a J.D. from the University of Minnesota Law School in 1982.
Additionally, Judge. Hall is a member of the American Bar Association’s Labor and Employment Law Section National Conference of Specialized Court Judges and is a past member of the National Association of Hearing Officials.  Aside from his numerous chili cooking honors, Judge Hall is also a Rosetown Playhouse Community Theater volunteer as well as a Moot Court volunteer.  Congratulations Judge Hall on your appointment to the Minnesota Workers Compensation Court of Appeals.