Basic Worker’s Compensation Forms

If you have experienced a workplace injury, you may have already filled out one or two documents regarding your injury. There’s a lot more where that came from. You may have even receive the same document twice at different times or for different purposes.

Here, my goal is to help simplify this process by giving you a brief description of these common forms or documents.

Affidavit

An affidavit is a written statement confirmed by oath or affirmation. It can be used as evidence in court. The uses for affidavits are broad, such as an Affidavit of Service or an Affidavit of Significant Financial Hardship.

Answer to Claim Petition

This document is filed by your employer or its insurer. In the answer, the employer or insurer must respond to your claim by stating whether they admit or deny the information alleged in the claim petition.

Claim Petition

If an employer denies your workers’ compensation claim and refuses to pay benefits, a claim petition is a form used to challenge the denial through the Office of Administrative Hearings.

Discovery Demand/Discovery Requests & Discovery Response

A discovery demand (also referred to as a discovery request) is a document given to the other party to request information. A discovery demand usually includes requests for specific information or documents. If you are given a discovery demand, you must file a discovery response, which is the document answering the opposing party’s questions.

First Report of Injury

A First Report of Injury (“FROI”) is the document your employer should complete immediately after a workplace injury occurs. This is a reporting document that goes to both your employer’s insurer and the Minnesota Department of Labor. The document provides basic information about your injury in order to start the claim process.

Notice of Benefit Reinstatement

A Notice of Benefit Reinstatement (“NOBR”) is a document used to report that your benefits are resuming after you received a Notice of Intent to Discontinue benefits. It can also be used to indicate a change in your wage-loss benefits.

Notice of Insurer’s Primary Liability Determination

An employer/insurer sends an employee a Notice of Insurer’s Primary Liability Determination (“NOPLD”) to indicate whether or not it will pay your workers’ compensation benefits. Usually, the insurer will provide a very short description of why your claim is denied if the employer/insurer believes it is not responsible for paying any benefits.

Notice of Intention to Discontinue Workers’ Compensation Benefits

A Notice of Intention to Discontinue (“NOID”) benefits is sent to the employee to inform him or her of a reduction or discontinuance of temporary total disability, temporary partial disability, or permanent total disability benefits. If you have received a Notice of Intention to Discontinue, you can fight the determination. I highly suggest speaking with an attorney about your case if you believe your benefits are not properly being terminated.

Retainer

If you hire a workers’ compensation lawyer, you will be asked to sign a retainer or an attorney-client agreement. Most frequently, this document will explain the scope of the attorney’s representation (in other words, why you hired the attorney), responsibilities of the parties, agreement for attorneys’ fees, and the right of either the attorney or the employee to withdraw from the relationship.

Work Comp Attorney Consultation

If you have received one of these forms, especially if it indicates your employer will not pay your claim, you need to consider obtaining a workers’ compensation attorney to fight for your rights. A workman’s comp attorney can maximize the chances of obtaining benefits as well as maximize the amount of any benefits owed to you.

At Heimerl & Lammers, our experienced team of Minneapolis workman’s compensation lawyers are available to discuss your case in a free consultation. To schedule a consultation, call our office at 612-294-2200.

Why You Should Know If Your Employer is Self-Insured

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Minnesota requires employers to carry worker’s compensation insurance, which also means that your employer is the one who pays for the coverage.

Because your employer has to pay for workers’ compensation insurance, which operates much like any other insurance does with premiums, your employer has an unavoidable conflict: taking care of employees vs. keeping its costs low.

Self-Insured Employers

Not all conflicts of interests are equal though. It is important to discuss how this conflict can be even more amplified if your employer is self-insured.

Minnesota gives employers two ways to comply with the state’s workers’ compensation laws. It allows employers to get workers’ compensation insurance through:

private insurance
self-insuring

So what does it mean to be self-insured? If your employer is self-insured, it means that your employer acts as its own insurer. Instead of paying a traditional third party insurer, the company has set up a system in which it pays workers’ compensation claims directly out of the company’s own pocket.

Your employer is directly responsible for paying any wage loss benefits, medical benefits, permanent disability benefits, or rehabilitation benefits you are entitled to as a result of your workplace injury. This can add up to be a significant cost to your employer, especially if a lot of workers’ compensation claims are being made.

What kind of employer is self-insured? Minnesota requires that any employer who is self-insured prove that it has enough funds to pay workers’ compensation claims for self-insuring to be permissible. This means that self-insured employers are often large, corporate businesses. And, these employers have a significant interest in keeping their costs low by minimizing the workman’s comp claims it has to pay. Since they are paying out-of-pocket, the conflict of interest is emphasized. And, this may impact how hard your employer is willing to fight to avoid paying for your claim.

How to Find Out How My Employer Is Insured

It is not always easy to tell if your employer is privately or self-insured. Some self-insured employers pay third party administrators to handle the day-to-day aspects of its workers comp claims. These third party administrators are usually also private insurers, so it may initially appear that your employer is insured through the administrator. Look at your paperwork and see if any reference to the insurer says “administered by” or a similar variation. This is a good indicator that your employer is self-insured.

Next Steps: Make a Plan of Action

As an injured employee, it is important that you take steps to make sure you are getting the help you need to recover. Whether you would describe your relationship with your employer as good or bad, it is important that you understand the conflict of interest they have and how it can impact their decision making. An employer can’t have only your best interest at heart when it has so many other factors it is trying to balance. As workers’ compensation lawyers, we have seen many employees with both good and bad relationships with their employer run into difficulty getting their claims paid. The facts are this: if you were injured at work and are a qualifying employee, not only do you deserve coverage, you may be entitled to it.

If this “red flag” has brought concerns to your attention about your workers’ compensation claim or you believe you are not receiving the workers comp benefits you should be receiving, we encourage you to speak with an attorney as soon as possible. Our attorneys have extensive experience in handling workman’s compensation claims and are available to discuss your case. To speak with an attorney on the workers’ compensation team at Heimerl & Lammers, contact us at 612.294.2200.

Why Am I Not Getting Paid All of My Wages?

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Under Minnesota’s workman’s compensation law, injured employees who receive wage replacement benefits do not get 100% of their income replaced. In other words, if you are receiving wage loss benefits and you were paid $12.00/hr on the job, your workers’ compensation will not pay the full amount.

Your benefit check will be 66 2/3% of your “average weekly wage.” There are two things about this an injured employee is likely to discover very quickly:

Your average weekly wage is not necessarily what it sounds like (aka the wage you earn each week). Your average weekly wage (also known as “AWW”) is a technical calculation unique to workman’s compensation.
You only get 66 2/3% of your income replaced by workers’ compensation.

Why is This?

First, the worker’s compensation AWW calculation is used to account for any variances in your work schedule, such as part time or seasonal work. This is especially important now that there are about 18.2% part-time workers. The AWW calculation also makes sure to properly account for any overtime.

Second, you get paid only 66 2/3% of your wages for a few reasons. Workman’s compensation is designed to get injured employees medical benefits and wage replacement as soon as possible. This means that traditional litigation, which may take years, is not a good fit. To create a system that worked quickly and efficiently, both employees and employers had to compromise. Getting paid less than you normally make is part of this.

Another reason is that your workers’ compensation benefits are not taxed. So, if you were making $12/hr before your work injury, that was not the amount you were bringing home after taxes. The idea is that employees should not make more money after getting hurt on the job than they were before. Some insurers also view the 66 2/3% rule as a way to motivate employees to return to work as soon as possible.

The good news for you if you are an injured worker is that the workman’s compensation system tries to work quickly. You may see a wage replacement check within a matter of a week or two after your workplace injury. When you are injured, that is exactly when you need the money. Not a year later.

What Can Workers’ Compensation Do For Me?

If you are an injured employee, I suggest you make a plan of action. First, arm yourself with knowledge. Second, communicate with your employer about your injury. Third, assess whether you will need a work comp lawyer.

A worker’s compensation attorney not only helps keep your employer and its insurer from dragging their feet, but he or she will take care of the paperwork and most communications on your behalf. Not all workers’ compensation claims will require the assistance of an attorney, but if you were injured on the job and do not have a workers’ compensation lawyer, make sure you are extra cautious and know your rights. Often, your claims adjuster will not tell you about all of the available benefits.

Our attorneys have extensive experience in handling workman’s compensation claims and are available to discuss your case. To speak with a Minneapolis attorney on the workers’ compensation team at Heimerl & Lammers, contact us at 612.294.2200.

Do I Need a Work Comp Attorney?

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If you have suffered a workplace injury, you may be wondering whether or not you need a workers’ compensation attorney. How much does it cost? Where do I start? These are important questions since your physical and financial well-being can be heavily impacted by a workplace injury.

It may seem counterintuitive to ask an attorney if you need an attorney. Most would assume a workers’ compensation lawyer will always tell you “yes, you need an attorney.” But here, my goal is to give you a few neutral guidelines to help you make the decision yourself.

First: Do I Need A Workers’ Compensation Lawyer?

There is no quick answer to this question, because everyone’s case is different. However, you can assess your needs by considering (1) the seriousness of your workplace injury and (2) the general pros and cons of hiring an attorney.

Seriousness & Complexity

The more serious your injury is or the more complex your situation (such as if you have variable hours, are a seasonal worker or independent contractor) the more likely you should seek out an attorney.

Minor Injuries / Accepted Claims

If you suffered a very minor injury on the job and your employer is cooperating with paying your claim, your need for an attorney may not be as great as others. At this stage, a workman’s comp lawyer can help keep your case on track, alleviate your workload, and make sure your employer continues to comply with the law. Often employers pay the workers’ compensation claim in the beginning, but then they unilaterally decide you should no longer be getting benefits (and one thing is for sure, your employer should not be making decisions about your health and well-being. If this happens, seek an advocate for your rights).

Also, keep in mind that an injury that initially appears to be minimal can have long-term, lasting impacts. Get informed before you are asked to sign anything that would take away your rights to workers’ compensation in the future.

Other Injuries / Denied Claims

If you suffered an injury that is more than minor, a lot is at stake. This is your physical and financial health we are talking about, and it cannot be taken lightly. A workman’s compensation lawyer knows the law, knows the tactics of employer and insurers, and will be your best option for protecting your interests.

Here are a few concrete events that mean you have a complexity in your case that should require a consultation with an attorney:

You receive a Notice to Discontinue Benefits
Your initial claim was denied
You are not able return to work or return to a job with the same pay
You were fired or retaliated against because of your claim
Your employer wants to settle your claim, especially if you are still in pain, seeking medical treatment, or losing wages

Pros & Cons of Hiring an Attorney

If you are wondering whether you need to hire a workers’ compensation lawyer, you probably have a number of practical questions about what your attorney will do on the case. Here are some of the primary benefits and disadvantages to hiring a workman’s compensation lawyer.

Pros:

An attorney will:

Take care of paperwork, phone calls, and meetings
Mediate difficulties with your employer
Make sure all deadlines are met
Save you the time of learning this complex, detailed area of the law
Keep your employer and its insurer from dragging its feet and slowing down your claim
Maximize the amount of your benefits and settlements

Workers’ compensation lawyers usually specialize in this area of the law, so they most likely have experience working with your employer’s insurer. This means they know how to best deal with the insurer and can predict what they will do.

Cons:

The only real con to hiring an attorney is what you may be worried about the most: the cost. However, it is important to understand that workers’ compensation lawyers are usually not paid like other lawyers.

Injured workers often cannot afford to hire an attorney (after all, they are probably losing wages and incurring medical costs), so most workers’ compensation lawyers are paid on what is called a “contingency fee basis” – which means that clients do not pay hourly attorney fees or pay an upfront agreed upon dollar amount. Instead, your attorney gets paid only if you get paid. They are also bound to statutory fee maximums in many circumstances.

If you set up a consultation with a workers’ compensation lawyer, they should tell you all this information up front.

Second: What to Look For In a Work Comp Lawyer?

Lastly, here are a few general rules of thumb when looking for a workman’s compensation attorney:

Find an attorney that is well-respected in his or her community.
Find an attorney who will give a free consultation. Think of this as interviewing your attorney to see if he or she is the right fit for you. You shouldn’t have to pay to see if you want to hire someone.
Find an attorney that you feel comfortable with. You will be sharing information about your finances, medical health, and many other important factors to your claim.
Find an attorney that listens to what you are saying and that you feel confident in. You should walk away from your consultation feeling heard and comfortable handing your claim over to your work comp attorney.
Find out if your attorney specializes in workers’ compensation. Attorneys who specialize in workers’ compensation should have the best know-how and experience in handling work comp insurers. This can be a great advantage to your claim.

You may want to check out avvo.com and lawyers.com to find out more about potential workers’ compensation lawyers.

And as always, if you are in the greater Minneapolis / St. Paul area, our attorneys have extensive experience in handling workman’s compensation claims and are available to discuss your case. To speak with a Minnesota attorney on the workers’ compensation team at Heimerl & Lammers, contact us at 612.294.2200.

Wage Loss & Wage Replacement Benefits

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If you are an injured worker, you may find yourself unable to continue working or performing the same job after your injury. This can result in you losing income. Fortunately, workman’s compensation can pay you a portion of your lost wages.

Wage loss or wage replacement benefits are payments made to you if you lose all or part of your income because of a workplace injury.

The Minnesota workman’s comp laws use a lot of legal jargon, such as “temporary total disability” or “permanent total disability” to explain whether you are eligible for wage loss benefits. Despite the complicated terminology, injured employees who are eligible for wage benefits generally fall into one of three simple situations.

1. You have lost all of your income because your work injury keeps you from working.

Many injured employees experience a period immediately after a work injury when they cannot work but may return after a few days or weeks. This is called Temporary Total Disability. You are temporarily unable to work.

For some employees, their work injury is so severe it keeps them from ever working again. This is called Permanent Total Disability. You are permanently unable to work.

In both circumstances, workman’s compensation may pay you a portion of what your income should have been had you been working.

2. You lose income because your work injury stops you from working a full shift.

If you are an injured employee, your doctor may give you work restrictions that cap how many hours you can work a day, your employer doesn’t have enough work for your restriction-type, or you may simply be unable to tolerate your normal hours because of your work injury.

This is called Temporary Partial Disability. You are temporarily only able to do part of your job or earn part of your wages.

Generally, an employer does not have to pay the injured employee for the hours he or she did not work, so the injured employee can take a huge wage loss. And unfortunately, while your income has decreased, your monthly bills and living expenses probably did not. The good news is that workers’ compensation’s wage loss benefits kick in and help make up for those lost wages.

3. You are not getting paid as much after your work injury.

Wage loss can also occur when you work your regular hours but cannot continue to do your old job either permanently or temporarily. Our clients who find themselves in this situation often have to take a new job that pays less. Here, wage loss benefits may be available to make up for the income difference of your old and new position. This is also referred to as Temporary Partial Disability.

Plan of Action: What Are Your Next Steps?

If you fit into one of the categories above, you may be eligible for wage replacement workers’ compensation benefits. Your next step is to take some time to learn more about the workers’ compensation. You may want to check out our “Basics” blog series for a general understanding of workman’s comp or you simply may want to speak with a Minnesota work comp attorney to get more information about your specific case.

Minnesota Work Comp Attorneys

If this information has brought concerns to your attention, we encourage you to speak with an workman’s compensation attorney as soon as possible. Our Minneapolis attorneys have extensive experience in handling workman’s compensation claims and are available to discuss your case. To speak with an attorney on the workers’ compensation team at Heimerl & Lammers, contact us at 612.294.2200.