Workplace Injury

A Guide to the Minnesota Work Comp System

Super Lawyers Ben Heimerl
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Super Lawyers Mike Lammers
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What is Workers Compensation?

Workers compensation is a statutory system created by the state to provide benefits when you are injured on the job. Every state has its own workers compensation laws. Every Employer within the State of Minnesota is required to carry workers compensation insurance. Workers’ compensation covers injuries or illnesses caused or made worse by your job or job duties.  If you have a pre-existing injury that was made worse by your job activities, it can be covered under workers compensation. Benefits can sometimes expand to include any tasks you are performing for the benefit of your employer, whether you are on or off the clock. Workers’ compensation benefits are paid regardless of any negligence or fault of either the employer or employee. You could be 100% at fault and still be entitled to workers compensation benefits.

The following pages are a brief overview of some of the benefits under the workers compensation. The Minnesota workers’ compensation system is complicated. There are proper procedures, rules, and of course exceptions to those rules, that must be followed in order to receive the full benefits of the Minnesota workers compensation system.  For this reason it is highly recommended that you contact an experienced workers’ compensation attorney at the onset of your case.

Our Minnesota workers compensation lawyers can assist you with any benefits and legal complications that may arise in your workers compensation claim.  If you are currently battling with workers compensation, or you think you have a claim, call 612-Injured for a free consultation.

Ben Heimerl - Minnesota Injury Attorney

WHAT HAPPENS WHEN I AM INJURED ON THE JOB?

  • Report your injury to your supervisor. It is extremely important that you report the injury as soon as possible. Time is not on your side here, so don’t be shy. If you didn’t report it right away, under certain circumstances, claims can still be brought months and sometimes years after the injury occurred.
  • Your employer cannot terminate you or retaliate against you for filing a workers’ compensation claim. If they do, you could have a separate civil claim against your employer directly.
  • Your employer must complete an injury report.
  • Your employer should report the incident to their insurance company.
  • Your employer or its insurer must provide you with a copy of the First Report of Injury. A copy of the First Report of Injury in a lost-time claim must also be sent to your union, if there is one.
  • After you have reported the injury, the insurer will investigate your claim.
  • You should keep your employer informed of your medical condition and any work restrictions.
  • You must notify the insurer of changes in your employment status, medical status, and keep your employer and insurer informed of your ability to work.

If the insurer accepts your claim for benefits:

  • The insurer must send you a letter notifying you of their determination.
  • The insurer must start paying any wage-loss benefits within 14 days of the day your employer was informed about your work injury and lost wages.
  • Even if your claim is accepted, it is advisable to contact a worker’s compensation attorney at Heimerl & Lammers and receive a free consultation. There will be things you must do in order to keep your benefits going and the insurance company is not likely to volunteer this information.

If the insurer denies your claim for benefits:

  • The insurer must notify you that the claim has been denied and clearly state the reasons why they have denied your claim.

If this happens, you should contact the experienced workers compensation attorneys at Heimerl & Lammers. We provide a free consultation to evaluate your claim.

The 612 Injured Difference

Being injured is serious. After you have sustained an injury, the world can seem like a scary place. Your boss may be pressuring you or threatening to retaliate. The aching pain makes it hard to operate how you usually do. You do not always know which way to turn, or how to get help.

That is where we step in. 612 Injured has a team of workers compensation attorneys who are second to none. We are with you at every point. Your case is personal to us. We give you big-firm resources that can give you small-firm attention.

When it comes to workers compensation, you will not find a law firm that is as dedicated, reliable, and devoted as we are. Other law firms will treat you like a number. With us, you are not Case #7489. You are you, with your own wants, desires, and needs.

Call us today. The earlier you get started, the easier it will be.

WHAT DOES WORKERS COMPENSATION COVER?

  • Medical costs related to the injury, as long as it is reasonable and necessary;
  • Wage-loss benefits;
  • Vocational rehabilitation services to assist you with job search if you cannot return to your job, medical management, and retraining, if necessary;
  • Mileage to and from the doctor;
  • Benefits for permanent damage to a body function;
  • Benefits to your dependents if you die of a work injury;

WHAT MEDICAL BENEFITS ARE AVAILABLE?

  • If your claim is accepted, payment will be made for the cost of all reasonable and necessary health care treatment related to your work injury.
  • Prescriptions and reimbursement for mileage to medical appointments are also payable.
  • You may choose your own health care provider under most circumstances.
  • Make sure your health care provider sends all bills and supporting information to the workers compensation insurer.
  • Your health care provider must get approval from the insurer before you have any surgery or hospitalizations, except in an emergency.
  • Your health care provider cannot bill you for treatment unless the insurer determines the treatment was not related to an accepted work injury.
  • If your claim is denied, or if a specific treatment is denied, you can get the medical treatment covered by your private health insurer, while your attorney fights to get the treatment paid or approved.

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Our attorneys work on a contingent basis. This means that we will not charge you a fee unless we win either at trial or through settlement.

The percentage we charge will depend on the difficulty of your case, and the amount of time and money we estimate it will take to get you the most recovery for your damages.

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