Tag Archives: work comp

What Injuries Qualify for Workers Compensation?

Any injury, illness, or condition that occurs at work or because of what you do at work qualifies for workers compensation in Minnesota. This also covers injuries that gradually develop over time.

If you have a broken bone due to a fall or something heavy hitting you, you may be covered by workers’ compensation laws. In addition, if you are responsible for engaging in a repetitive task, such as cutting meat or typing, this may cause strain. You may be able to receive money if you have a condition.

You need to keep the following in mind: even if you did not receive the first injury at work, you may still be owed money. An injury that gets worse at work may qualify you for workers’ compensation. For example, if you have a bum knee that is aggravated due to walking and lifting, you might be eligible.

Toxins, pollutants, and asbestos can cause unseen harm. Unsafe working conditions can cause chronic harm that lasts for decades. Lung, heart, and other internal injuries are covered by workers’ compensation laws.

Minnesota Law

The state of Minnesota protects its citizens’ mental health. Our laws provide compensation when:

Mental stress causes a physical injury
Physical trauma causes a mental injury
Mental stress causes a mental injury

Certain emotional issues, such as PTSD, can make you eligible to receive benefits under the law. You should keep in mind that mental stress causing a physical injury may be a little bit more difficult to prove. The same is true with mental stress causing a mental injury.

For example, if a cop or firefighter pulls someone out of a burning building, that might scar them mentally. In certain circumstances, they will be able to receive workers’ compensation. Other situations are not as likely to make people qualified to receive workman’s comp for mental injuries.

Reaching out to a lawyer will help you understand if your injury makes you eligible.

5 Steps to Take if Injured on the Job in Minnesota

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Work injuries happen all the time. Although in many instances you may walk away with something as small as a scrape on your leg or a cut on your finger, in other instances the damages may be more severe. Every month, more than 8,000 people are hurt in work-related accidents in Minnesota and of these 8,000 people, many are forced to go on workers compensation while they recover from the accident. If you have been injured on the job or are suffering from an illness due to a workplace incident, then you need to discuss your concerns and compensation with an experienced Minnesota work injury attorney right away.

Work Injury Rules and Regulations

Many people will assume that if they caused a workplace related accident, then they are not entitled to workers compensation benefits. This is not the case. No matter who caused the accident, no matter how silly it may have been, you are still entitled to workers compensation under the Minnesota laws.

It is also important to note that many employers will attempt to persuade their employees not to file a claim if they are injured at work. If you are in this situation, it is important to contact a Minnesota workers compensation lawyer and report this unethical behavior. You are not only protecting your legal rights, but also the rights of the other employees of your company.

Injured on the Job

If you are injured on the job, there are certain precautions you need to take every time. Below we have listed what to do when injured on the job:

As soon as you hurt yourself, report your injury to a supervisor or your employer. You need to notify your supervisor right away about the injury. If you don’t, then you may lose your ability to claim workers compensation. Even if the injury seems minor at the time, report it. After all, some injuries do not become painful until a day, a week, or even a month after the fact.
Fill out Injury Report in the workplace. You will need to fill out an injury report in your workplace. Ask for a copy which will be used when filing a claim.
Get medical attention. It is important to see a doctor right away and to explain that the injury occurred at work. Your doctor will put this in your medical records which will later be used during your workers compensation claims.
Keep records of all your claims and expenses, no matter how minor they seem. Make copies in case the receipts are damaged or fade.
Always let your employer know what is happening with your injury. This will ensure that your relationship remains intact. However, if you are noticing that you are being mistreated by an employer due to an injury at the workplace, then you need to report this harassment and retaliation. It is against the law for employers to treat those who are injured any differently.

And, finally, contact a Minnesota work injury lawyer to ensure that your rights are protected. Insurance companies are known to swindle people out of money and workers compensation insurance companies are no different. The Law Firm of Heimerl and Lammers can protect you against this unjust treatment and ensure you are getting the compensation you deserve.

How to Determine Your Work Comp Insurer

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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.

Tips for Returning to Work after a Workplace Injury

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The number one goal of the workers compensation system is to return the injured worker to the work force, as quickly and as safely as possible. To this end, injured workers are entitled to the assistance of a Qualified Rehabilitation Consultant or QRC’s.

Qualified Rehabilitation Consultant

A benefit often over looked in workers’ compensation is the Qualified Rehabilitation Consultant or QRC. The QRC’s job is to assist individuals with work-related injuries receive vocational rehabilitation. They also assist with medical management by attending doctor appointments with the injured employee and asking questions the injured worker might not think off. They then act as a middle man between the employee, the employer, and the insurer, to relay information and ensure a swift but safe return to work.

Rehabilitation fundamentally means assistance in preparing for or obtaining employment. The general purpose of rehabilitation is to allow injured workers to return to their former employment or, if precluded from returning to their pre-injury job, to allow the injured employee to return to a modified job and also to encourage injured workers to increase their employability by acquiring new or additional skills through on-the-job training, skill enhancement, or a formal retraining program, which can range from simple typing courses to college level training.

Rehabilitation is intended to restore the injured employee, so the employee may return to a job related to the employee’s former employment or to a job in another work area which produces an economic status as close as possible to that the employee would have enjoyed without disability.

Who is Qualified for Rehabilitation Benefits?

A “qualified employee” entitled to receive rehabilitation services. Minnesota Rule 5220.0100(22) defines “qualified employee” as: An employee who, because of the effects of a work-related injury or disease, whether or not combined with the effects of a prior injury or disability:

is permanently precluded or is likely to be permanently precluded from engaging in the employee’s usual and customary occupation or from engaging in the job the individual held at the time of injury;
cannot reasonably be expected to return to suitable gainful employment with the date-of-injury employer; and
can reasonably be expected to return to suitable gainful employment through the provision of rehabilitation services considering the treating physician’s opinion of the employee’s work ability.

Note: Although the rules specifically require that an employee be “permanently precluded” from engaging in his or her customary occupation, the Workers’ Compensation Court of Appeals held that an employee need only be presently precluded from engaging in previous work duties. Rehabilitation assistance is available so long as an employee is precluded from returning to previous work duties as a result of the injury

You Have the Right to Choose your own QRC

Minnesota Law provides injured employees the right to choose their own QRC to work with to help them get back to work. The Attorneys at Heimerl & Lammers have built relationships with QRC’s throughout the Twin Cities metro area. We can help you choose which QRC might be the right fit for you, as well as assist you in determining whether a change in QRC’s is necessary or appropriate.

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.