A Quick Guide to Minnesota Workers’ Compensation

Workers’ compensation is complex and detailed, and you are definitely not alone if you feel a bit lost in the process. Clients usually come to us with a lot of questions about the basics of workman’s compensation and what they should expect. Because there is so much to learn in this area of law (and because it is always changing), it can be hard for employees to find the answers they are looking for.

Work Comp Basics: What Is Workman’s Compensation & What Can It Do for Me?

Most people have already heard of workers’ compensation (aka workman’s compensation) at some point or another. If you were injured on the job, you are probably wondering exactly how it works and whether you will be covered. Each injured employee’s situation has to be considered individually because there are many nuances that can impact eligibility, but here is a general overview of what could be available to you if you are an injured worker.

What Is Workers’ Compensation?

Workers’ compensation is a system that can provide injured employees with all of the following:

Relief from medical bills
Lost wages
Other costs associated with work injuries

Simply put, if you were injured while working for your employer, you should not be responsible for the costs and expenses associated with your injury.

Additionally, workman’s compensation is an “exclusive remedy.” This means that an injured employee can generally only “sue” their employer through the workers’ compensation system. The law generally does not allow an injured employee to sue his or her employer for personal injury. It must go through the workers’ compensation system.

How Do Injured Employees Get Compensated?

In Minnesota, employers are required to carry workers’ compensation insurance. This insurance is used when an employee is injured on the job. Workman’s compensation insurance is entirely different from your personal health insurance. In fact, if your private health insurance determines that you had a work injury, it may refuse to pay your medical bills because it considers them your employer and its insurer’s responsibility.

If you are an employee injured on the job, workers’ compensation provides multiple methods of compensation. Here is a quick overview:

Wage-Loss, or Wage Replacement Benefits. 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. For instance, you may be completely unable to work after your injury or you may have work restrictions from your doctor, which requires you to take a lesser paying job. Workman’s comp should cover a portion of your lost wages in both situations.
Medical Benefits. These are the benefits that most people think of first when they are injured on the job: the ER visit, surgery, medication, hospital bills, etc. Workers’ compensation should cover the medical expenses required because of your workplace injury, including short and longer-term care.
Vocational Rehabilitation Benefits. If you are an injured employee who cannot go back to your old job because of your injury, vocational rehabilitation benefits are going to help you. Vocational rehab benefits are services that aim to get you back to work. This often includes working with a Qualified Rehabilitation Consultant (“QRC”) – a consultant who helps you manage your medical appointments and may help you find work that fits within your restrictions. This includes job counseling and may even include new job training.
Permanent Disability Benefits. Worker’s compensation benefits also include compensation for permanent injuries. While the loss of physical function can never be truly “repaid,” permanent disability benefits try to monetarily compensate you for any permanent functional loss of your body.

Plan of Action: What Can Workers’ Compensation Do For Me?

All of the above benefits may be available to you depending on your injury and circumstances. Remember that this is just a general overview, so there are additional benefits and restrictions to benefits that are not discussed here. Our other blog posts discuss some of these issues more in-depth.

Minneapolis Work Comp Lawyer

If this overview 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 a Minnesota attorney as soon as possible. Our Minneapolis workers’ compensation 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.

The 10 Most Dangerous Jobs in America

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Workplace injuries can happen to anyone, but there are some industries that are inherently more dangerous than others. Employees who work with heavy equipment or are tasked with intense manual labor often suffer workplace injuries, but which industry is the most dangerous? Below we look at the 10 most dangerous jobs in America and explain what puts these workers at such high risks.

Fishermen

Deep sea fishermen expose themselves to intense risks every day. Not only are they exposed to heavy equipment and sharp hooks, but one big wave can send them over the side of the boat. They also lack the ability to get to a medical facility to treat injuries if they are far out at sea.

Logging Workers

Logging workers suffer numerous injuries in their line of work as they are constantly moving heavy logs. The top injury for workers across any industry is overexertion, and overexertion injuries occur when someone lifts, twists or moves in an awkward way. Loggers often suffer overexertion injuries when moving logs, but they are also subject to limb injuries if they are involved in the cutting process.

Flight Engineers and Pilots

Much like the above jobs, flight engineers work with heavy machinery on a daily basis. Both flight engineers and pilots subject themselves to danger when testing large equipment. Pilots also run the risk of being in an airplane crash.

Farmers and Ranchers

Farmers work with huge machinery year round while tending their crops and animals, and they often try to fix their broken equipment on their own. Accidents with wheat threshers or combines are not uncommon. They also are subject to overexertion injuries.

Mining Machine Operators

Mining machine operators also work with heavy equipment, but they are exposed to a different set of deadly forces. Machine operators work with hazardous chemicals, some of which are highly flammable. Fires or overexposure to toxic chemicals can occur if precautions aren’t taken.

Roofers

Roofers put themselves in danger every time they go to work. Roofers work at high heights and one wrong step can send them tumbling. They are also exposed to high temperatures during the summer, which can lead to heat stroke and exhaustion. Neither is ideal, especially when you’re 50+ feet in the air.

Garbage Collector

Sanitation workers have a variety of conditions that makes their job unsafe. They work with heavy compactors that can crush limbs if they get caught in a machine, and constant lifting and twisting can lead to to overexertion injuries. Oftentimes garbage collectors ride on the side or the back of a moving vehicle, which can be extremely dangerous if they slip or lose their grip.

Truck Drivers

Truck drivers often drive long hours in some of the worst weather conditions. They drive through the night to get materials from one place to another, and this puts them in danger of fatigue. If they were to fall asleep at the wheel, a deadly accident can occur.

Industrial Machine Workers

Industrial machine technicians work with heavy equipment during the installation and repair process. Oftentimes they are tasked with installing heavy equipment and removing the old, defunct unit. They also come in contact with electrical equipment, which can cause burns or death.

Police Officers

Police officers put themselves in danger nearly every day. Whether it’s apprehending a suspect with a gun or engaging in a high speed pursuit, there are a wide variety of risks for every officer.

The 10 Most Common Workplace Injuries in Minnesota

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On-the-job injuries happen in a variety of different ways, but some are more common than others. Below, we examined the ten most common injuries that lead to a workers’ compensation claim.

Assaults and Violent Acts – This may be more common among police officers in law enforcement, but it can also happen in an office setting. Pranks of office politics can lead to pushing and shoving.
Repetitive motion – Ben Heimerl, a workers’ compensation attorney, said his firm has seen numerous “repetitive activity” injuries. People tasked with constant bending of movements are prone to repetitive motion injuries.
Machinery Accidents – Accidents involving heavy machinery are common among industrial workers and farmers. Construction workers are also tasked with dealing with heavy equipment on a daily basis, which exposes them to a greater potential for injury.
Highway Accidents – Although the coming-and-going rule usually absolves a company of liability if a person driving to or from work, employees in the transportation injury suffer traffic accident every day. Truck and delivery drivers make up a high portion of these work comp claims.
Hitting an Object – This type of injury occurs across all sorts of industries. These claims occur when a person accidently runs into a hard surface, like a wall, door, table or chair.
Object Strikes Person – In these cases, a moving object strikes a person. This most commonly occurs when a person drops an object from a higher level and it strikes a co-worker. These injuries are common in outdoor industries, like construction, roofing, or painting.
Bodily Reaction – Bodily reactions injuries are similar to slips and trips, but the person doesn’t fall to the ground during a bodily reaction accident. These usually involve a person hurting their back or knees when they catch themselves after they trip or slip.
Falls to a lower level – Falls from a high height oftentimes result in some of the most devastating injuries. These injuries occur when a person falls down a staircase, off a ladder, or from a roof. Falls from great heights tend to involved broken bones.
Slips, Trips and Same-Level Falls – Falls from slipping on a wet floor are one of the most common injuries that result in a workers’ compensation claim. These types of injuries are especially prevalent during the winter months when co-workers drag snow into the building on the bottom of their shoes.
Overexertion – Overexertion leads to more on-the-job injuries than any other ailment, mainly because it has a rather broad definition. Injuries that occur while pulling, pushing, lifting, moving, carrying or throwing are all classified as overexertion injuries. These types of injuries are common across all industries.

Injuries come in all shapes and sizes. It’s not just the construction workers that get injured. The nursing field, assembly line workers, and individuals in the transportation industry all suffer workplace injuries. We see many injuries caused by job stresses such as repetitive activity, heavy lifting, bending, kneeling, stooping, and crouching. If your injury was caused by your work activities in any way, it probably falls under workers compensation.

Minnesota Work Comp Tips to Remember

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If you are have been injured on the job, or are suffering from a disease caused by your workplace conditions, then you are most likely looking into workplace compensation. Workplace compensation will provide you with financial relief for your medical expenses and lost wages when you need to take time off work to recover from an injury or illness on the job. It sounds simple enough right? However, in most cases, it is not. Workplace compensation claims are actually incredibly tricky due to the unethical behavior of insurance companies. Below we have listed some tips to help you get the compensation you deserve when dealing with Minnesota workers comp claims. Keep in mind that a MN workers comp lawyer can also provide you with assistance to overcoming the common obstacles surrounding workers compensation claims.

Injured at the Workplace?

Many companies will require their employees to fill out workers compensation sheets for everything, from a slip and fall to a paper cut. This may seem tedious but you never know when an injury from work could affect you down the road. A minor slip and fall could result in extreme back pain or problems a few days later. It is important to report any injury, no matter what.

Filing for Workers Compensation

Filing for workers compensation involves a lot of rules, regulations and paperwork. Many employees are stressed enough as is without the mounding piles of paperwork and the restrictions from the insurance company. When it comes to filing for workers compensation, the best tip we can give you is this – with the right legal advice, you are ensuring you are getting the workers comp you deserve. Getting help from a Minnesota worker’s comp attorney will ensure that you get the claim right the first time around. It will also reduce your risk of making any mistakes or being denied altogether. Furthermore, you can be confident that you are getting the amount you deserve. Some things are best left to the experts.

Medical Benefits and Out of Pocket Reimbursements

While on workers compensation, you may notice that you are paying a lot of the bills yourself. Furthermore, there will be additional expenses incurred that are not originally covered by the insurance company. You can still claim these back through out of pocket reimbursements. Here are some tips to make this process as smooth as possible

Keep all your receipts for any out of pocket expenses such as prescriptions. Store all receipts in a file and make copies just in case they fade
Keep track of all mileage used going to medical appointments
Double check that the doctor and the insurance company are corresponding and that the paperwork is being sent to the insurer
Provide your employer with regular updates about your progress, your medical treatments and your restrictions at work.

Our Minnesota workers compensation lawyers can assist you with any medical claims and legal complications that may arise in the above situations. If you are currently battling with workers compensation, contact the Law Firm of Heimerl & Lammers for a free consultation.

Regular Overtime Workers – Often Overlooked Wage Loss

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If you are like many Minnesota workers, you regularly work overtime and rely on those earnings in order to pay your bills and support yourself or your family. It can be a really good thing if your employer has overtime work available, and pays at overtime rates. However, wage loss benefits are often overlooked for overtime workers that suffer a work injury.

Lost Wages

If an employee suffers a work injury, but can still work as a result (under work restrictions), most Minnesota employers that can accommodate the employee to continue working with those restrictions only allow employees to work up to 40 hours per week on light duty. This caps the employee’s wage at 40 hours per week, rather than the 40-plus-overtime hours they may have been earning before the injury.

As a result, the employee will often suffer wage loss if he or she consequently works that light duty job. This is because they are no longer able to work those overtime hours that help them get by, and it is that “overtime” wage loss that often gets overlooked. Whether intentional or not, insurers often do not pay those wage loss benefits to injured workers who are able to work 40 hours per week. However, if the overtime employee is earning less wages in working (capped at 40 hours per week), they are still entitled to wage loss benefits.

Average Weekly Wages

A worker is entitled to wage loss benefits of 2/3 the difference between their average weekly wage (AWW) prior to the accident and their weekly earnings after the accident. AWW does not depend on just what the worker earns per hour, but is rather an average of earnings grossed per week prior to the accident.

Therefore, if you suffer a work injury and you were a regular overtime employee before the accident, be aware that you may be entitled to wage loss benefits if you are not able to work those same overtime hours.

Workers’ Comp issues are very complex in the state of Minnesota. If you have any questions about a workers’ comp issue, contact a skilled MN workers’ comp attorney.