How to Determine Your Work Comp Insurer

After you suffer a work injury in Minnesota and have notified your employer, what do you do next?

If you’re like most injured workers, you seek appropriate medical treatment, whether it’s emergency care, diagnostic treatment, or just follow-up care. Those medical bills should then be submitted to your employer’s Workers’ Compensation Insurance Carrier.

But who is that?

Work Comp Insurers

Most often, your employer will provide you with that information, either at the time you inform your employer of your injury, or shortly thereafter.

But what if your employer can’t (or won’t) give you that information? Sometimes it isn’t easy to get the insurance information from your employer, for various reasons: Maybe your supervisor doesn’t know who the work comp insurer is, or maybe the person who knows isn’t available. It’s also possible your employer is withholding the information on purpose. If that is the case, you might be able to make a claim against them for illegal conduct. In the meantime, you still need to get medical treatment, and you can’t afford to wait. So what can you do?

Department of Labor and Industry

The answer lies with the Department of Labor and Industry (DOLI). If you have access to the internet (which, if you’re reading this blog post, you likely do), you can search to identify the workers’ compensation insurers for Minnesota employers at the DOLI search engine site.

All you need is some basic information, such as the date range for your inquiry, and information about the employer’s name and address. However, if you are still unable to find the insurer after using DOLI’s above search site, you can place a request directly at the inquiry page, and will likely receive an e-mail response from a DOLI employee within hours.

If you do not have regular access to the internet, you can always call DOLI directly to ask, by calling (651) 284-5005.

Don’t get left in the dark by your employer. Find out who your workers’ compensation insurer actually is. And be aware that if you run into difficulties, an experienced work comp attorney can help you get the benefits you deserve.

Third Party Liability & Work Injuries in Minnesota

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If you suffer a work injury, you have the right to file a workers’ compensation claim for medical and wage loss benefits. But you cannot sue your employer for liability for your work injury. However, in some cases, someone other than your employer might be responsible for your injury. In those instances, you can file a third party claim for liability.

Do You Have a Third Party Claim for Your Work Injury?

Third party liability claims for work injuries are common on construction sites. Multiple companies and contractors are working at the job site with heavy equipment and machinery. Any one of these companies might be responsible for your injury. Other cases of third party liability include the following:

A car accident while you are on the job
An injury caused by a defective product
An injury on the job but on another person’s property

Getting the proper information in third party claims is especially crucial. These claims involve multiple parties, witnesses, and insurance companies. It is best to gather information while the accident is still fresh in your memory and within the statute of limitations.

Injured workers are usually surprised when they find out they cannot sue their employers for their work injury. Even if the accident was your employer’s fault, you cannot file a liability suit in absence of a third party.

Trust Our Experienced Work Comp Lawyers

After your work injury, you might not even think that a third party caused your injury. That is why it is crucial to speak with a workers’ comp lawyer at Heimerl & Lammers. We will assess your situation and pursue any available third party liability. If there is third party liability, you are entitled to compensation.

We have offices conveniently located in Minneapolis and Saint Paul. Feel free to call us at (612) 294-2200 or (651) 777-1811 to schedule a no cost consultation. Fill out the contact form on this site and one of our workers’ comp lawyers will get in touch with you about your claim.

Workers’ Comp & Child Support Obligations

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There are a number of things that your wage will go to each week – food, rent, bills, and entertainment and, if you are required to, you may also need to pay child support out of your weekly income. Child support is something that cannot be negotiated and if you simply ‘forget’ to pay you could be faced with serious repercussions. However what happens if you are injured on the job and are therefore not making an income anymore? You are still required to pay child support but how can this be possible without workers’ comp benefits?

The good news is that, through worker’s compensation, you will still be able to pay your child support. However, you may be looking at less each month than before. Child support is normally taken on an individual’s gross income. Workers’ compensation benefits will usually pay for lost wages but this is usually not your full paycheck each week but rather 75 percent of it. Thus, your child support payments may be less during the time that you are off on worker’s compensation.

Just because you are injured doesn’t mean you can abandon your legal requirements to pay child support. What you need to do is speak to a worker’s compensation attorney about modifying the payments during this time. How much you are required to pay will all depend on the type of benefits you are on such as:

Temporary Total Disability (TTD) benefits
Temporary Partial Disability (TPD) benefits
Permanent Total Disability (PTD) benefits

In some instances the amount of child support may be suspended for a certain period of time, depending on the injury or illness. Speaking to a Minnesota worker’s compensation attorney about your benefits and child support is the best way to ensure you are keeping up with your legal responsibilities to your children.

What If I Owe Past-Due Child Support Payments?

If you owe past child support payments then you could be looking at a whole separate issue. There are instances where you may have to give up a certain amount of your settlement or workers compensation benefits in order to pay for the child support that is outstanding. This can make it difficult for you to move on, recover and live. Again, this will depend on the type of disability you are on and whether you have outstanding child support payments to be made.

There is enough tension and confusion surrounding worker’s compensation benefits without complicating the equation with child support issues. Finding that balance between ensuring you receive the workers’ compensation benefits to which you are entitled, while assuring you are meeting your child support obligations can be difficult. If you are confused about what this injury means for you, then don’t hesitate to call our legal support team for help.

Minnesota Workers’ Compensation Attorney

Failure to pay child support is a serious issue but there are many complications surrounding a work related injury and your required child support payments. It is best to speak to someone that understands the legal requirements and can help you do the right thing. If you have works related injury or illness and are confused about your compensation benefits and how this impacts your child support payment, then contact the Law Firm of Heimerl & Lammers at (612) 294-2200 or (651) 777-1811 to speak to a MN workers comp attorney free of charge.

Why Hire a Workers’ Comp Lawyer?

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Filing a workers’ comp claim should be a relatively easy process. However, it is not. There should be enough assistance and support from your employer’s human resources department, but there usually is not. You should have no problems finding a cooperative insurance agency to help you out. Unfortunately, this is also not the case. Even though you are legally entitled to workers’ compensation under the Minnesota state law, you may have to jump through hoops in order to actually see the claim accepted.

Trusted Workers’ Comp Representation

Faster Compensation and Financial Security – every day counts when you are put off work with an injury. You still have bills to pay, a family to feed and a house to rent and thus you still need to be getting money from somewhere. When you work with a Minnesota worker’s compensation lawyer you can expect faster results and a quicker acceptance for your worker’s compensation claim. This means you can start receiving payments quicker
Proven Results and Acceptance – Insurance companies are trained to look for cracks in your claim and deny your claim. If you have not been denied, then there is a good chance that you are not getting everything that you are entitled to. Working with a lawyer means that you can expect the maximum financial assistance from your claim. You are entitled to many different types of compensation for your injury and we can ensure that you are getting every last cent.
Less Stress For You and Your Family – When you are recovering from an injury you need all the assistance you can get. The last thing you want to worry about is the financial implications of this injury. Filing a workers’ compensation claim is just the start of a process that may be stressful, confusing, frustrating and seemingly more trouble than it’s worth. For these reasons, seeking the support of a skilled legal professional is certainly a more sensible option if your goal is to achieve receipt of the benefits you are entitled to.

Minnesota Workers’ Compensation Lawyers

At Heimerl & Lammers we pride ourselves on our solid reputation throughout MN for expert level support and representation for work related injury and compensation claims. Our team focuses on closely following the required procedures for filing, and will arrange a solid appeal if a claim is denied. We will help you understand the legal process, requirements and your rights when it comes to worker’s compensation claims. We will work tirelessly to help you achieve as much possible benefit for your injuries, and will not rest until every effort is exhausted to meet your needs.

If you have works related injury or illness and are confused about your compensation benefits, then contact the Law Firm of Heimerl & Lammers at (612) 294-2200 or (651) 777-1811 to speak to a MN workers comp attorney free of charge.

Can Your Boss Fire You if You Have Filed a Workers’ Compensation Claim?

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In 2016, OSHA found nearly 60,000 violations nationwide. Those were just the infractions that were found and acted upon. No one knows how many dangerous workplaces there are all across the United States right now. People get injured and hurt on the job all the time.

Workers get nervous when it comes time to file a workers’ compensation claim, however. Job prospects are not always bright, and it is natural to worry about your future.

What You Need to Consider

Minnesota is what is known as an at-will state. This means that employers can fire a worker at any time for any reason. The boss may think that this gives them freedom to do whatever they want, but this is not the case.

If an employer fires you because you were hurt at work, that could be retaliation. We will return to that topic in a minute, so keep it in mind.

According to the Minnesota Department of Labor and Industry, an employer must give an honest reason why an employee was fired, if the worker requests that in writing. You should also know that an employer needs to pay the worker for any time that they worked within 20 days of them being fired, according to Minnesota law.

Retaliation

Despite the fact that Minnesota is an at-will state, employers cannot fire someone simply for filing a workers’ compensation claim. That can be considered retaliation. It is illegal. Employers may kick someone out because they do not want to pay more in insurance, or they think that a termination will make the problem go away.

If you have a text message, email, or another form of written communication that explicitly states that you were fired for filing a workers’ compensation claim, then that is all the better for you. In general, it is a good idea to get as much in writing as possible.

Most employers are not going to be honest with you. It is unlikely that they would say someone got fired because their leg was crushed at work. You can prove this in court, with the help of a lawyer. Certain facts, like the timing of the claim, negative comments supervisors made, or any pressure that they applied to you to get you to drop your claim could be crucial in proving your case.

If you successfully prove that your employer retaliated against you, you may be entitled to more compensation, according to the laws of Minnesota.

When you come back to your job, your employer must accommodate you if you are still hurting. If they fail to make the changes that you need, you may be able to sue them.

To answer the question, no, your boss cannot fire you just because you filed a workers’ compensation claim. Not legally, that is.

Call 612 Injured

If you think that an employer has retaliated against you, reach out to a Minnesota workers’ compensation lawyer. Having an attorney by your side is the only way that you can protect your rights. Call us at 612-Injured today.