Tag Archives: work comp

Minnesota Work Comp Tips to Remember

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.

Why Employees Don’t Report Injuries Right Away

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Workers’ Compensation is a great system that provides benefits and payments to workers who become injured while on the job. Unfortunately, some workers fail to report their injuries because they don’t want to miss work, they fear there will be repercussions, or for other related reasons. Not only are employees putting themselves at risk for further injury if they continue to work, but they could be endangering the lives of others if they cannot perform all the necessary duties because of their condition.

We can’t stress how important it is to report an injury as soon as it occurs, but we understand why some people are hesitant to do it. Below, you can see some of the common reasons why people fail to report their work injury in a timely manner.

They think the injury isn’t a big deal

Minnesotans are tough. Many of us have bills to pay and families to provide for. The prospect of missing out on a paycheck because of an injury can seem scary, so they trudge on ahead, sacrificing their physical comfort to provide for their family.

Also, maybe the individual thinks it’s only a minor injury and it will heal overnight or over the weekend. They don’t want to pester their manager or boss over an injury if it heals in just a few days. Sometimes a person’s pride gets in the way of reporting the injury, or they are simply overly optimistic that the injury is “no big deal.” They want to be seen as a great employee, but they should remember that even great employees suffer injuries on the job.

It’s a Gillette injury

A Gillette injury, also known as cumulative trauma, occurs when a person is subjected to repeated stress over time. For example, a warehouse worker who routinely lifts heavy objects might leave work with a sore back. His pain may alleviate each night, but if he holds the job for 20 years he might slowly be doing damage to the nerves and vertebrae in his back. Maybe he goes home with what he believes is routine soreness, but the pain lingers for a few days. It might take the worker a week or so to realize that he needs medical attention, and that he should file a workers’ compensation claim.

They are afraid of losing their job

Unfortunately, this reason is far too common in the workplace. An employer cannot fire an employee simply because they got injured on the job. Some people think they might get too far behind on their duties if they are gone for too long, or they fear being replaced by a new hire.

The prospect of losing their job, their source of income, is a big reason why people neglect to file a workers’ compensation claim. The economy is tough, and trying to find a new job while recovering from an injury would be difficult. Also, many employees like their job. Not only are they afraid they’ll be fired for missing work with an injury, but they fear the stigma of being the employee with the work comp claim. You shouldn’t feel embarrassed or scared to collect benefits you’re entitled to receive.

They don’t know it is a compensable injury

Some people believe that they are only eligible for workers’ compensation if they suffer their injury while on the clock, but that isn’t always true. There are some exceptions, for example, if you are a traveling employee (your work requires you to travel, or go between several locations) you may be covered from the time you leave your house to the time you get home. You are also covered for ingress and egress of your employer’s premises, which would include injuries that take place in the parking lot, getting out of your car, or walking into the building.

Other times people don’t believe the injury is compensable because it was their fault. As long as they weren’t acting negligently or recklessly, they can be compensated, even if their mistake led to the injury.

Lastly, some workers believe the injury was caused by something other than work. If you aggravate a previous injury at work, even if the initial injury occurred outside of the workplace, you may still be eligible for compensation.

They don’t even realize they are hurt

Sometimes pain doesn’t set in until much later. For example, symptoms of a concussion can linger for years, even if a person doesn’t feel pain right away. If you begin to notice symptoms likely caused by a previous injury, you seriously consider filing for workers’ compensation.

How to Determine if You’re Eligible for Work Comp in Minnesota

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A person who is injured while working may be entitled to benefits under Minnesota workers’ compensation law. Determining eligibility and going about getting the compensation you deserve requires a good grasp of the Minnesota work comp laws, which are very complicated. Here is a basic breakdown.

Every Minnesota employer is required by law to have work comp insurance. An employee is eligible for work comp benefits if that employee suffers any of the following rising out of and in the course of employment:

A Personal Injury (regardless of who caused it)
An Occupational Disease (such as carpal tunnel syndrome)
Death

If you suffer any of these injuries during work, you could be entitled to benefits. But it’s not as easy as just collecting a check from your employer. There are certain things you need to prove in order to collect your compensation. Specifically, you must prove that:

You have sustained a personal injury/illness
This injury occurred “arising out of the employment.” In this sense there must be a “causal connection between the employment and the injury.” Injuries are determined case by case, and some are much easier to prove than others. For example, a crate falling on you at work is easier to determine than a back injury caused by years of heavy lifting.
You have sustained the injury “in the course of the employment,” or in other words, that the injury took place at work, and during work hours.

If you can prove all of these factors, then you are eligible for workers’ compensation benefits. But the amount of compensation you receive is still a point of contention. Some employers will fight to make sure you get the bare minimum of compensation. That is where a skilled Minneapolis Work Comp Attorney can help make sure you get everything you deserve.

What Injuries Qualify for Workers Compensation?

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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.