Tag Archives: workers comp

Wage Loss Benefits

Retaliation For Filing For Workers’ Compensation

You’re a good employee and you work hard at your job. You go in everyday and tuck yourself under a customer’s car, drive to a client’s office or hospital, or climb the ladder to a customer’s roof. One day, a day that otherwise starts out like all the others, you injure yourself while you are at work.  This injury could be a minor slip and fall, or a more serious accident that requires surgery and possibly years of rehabilitation. You go to the doctor, you miss some work, and you may have some work restrictions. As is your right, you apply for workers’ compensation.

Sometime after you apply for work comp, your employer starts treating you differently. It might be as elusive as making you feel less valuable than other co-workers. Possibly your employer becomes critical of your work in ways that didn’t happen before your request for workers’ compensation, amounting to some form of performance improvement plan. Or maybe it is as bad as humiliating comments about your value as an employee (I have heard comments as shocking as “we should take you out back and shoot you” and “if you hadn’t applied for workers’ compensation none of this would have happened”). This humiliating treatment may lead to a demotion, termination, or some other form of adversity.

If you are being treated differently after you applied for workers compensation, you may be experiencing retaliation because of that claim, and the law protects you from that.  There are steps you can take to make sure this law works for you.  You can call an attorney who works with employees experiencing retaliation because of a workers compensation claim. You can also make a report to your employer laying out your concerns of retaliation. This report should protect you against further retaliation, or, at the very least, it may strengthen your legal claim if your employer turns a blind eye to your report.

Recovering from any injury can be stressful and daunting. Having work restrictions can be scary and may force you to address concerns about your future earning potential. Your doctor will probably tell you to focus on your recovery, and you should, but you might also have viable legal recourse that you should be aware of and could help protect you and your family.

The Five Steps to Take after Your Husband Has Been Hurt at Work

The 5 Steps to Take after Your Husband Has Been Hurt at Work

Minnesota reported over 65,000 nonfatal workplace injuries in 2015. This means that there were around 3.5 cases per 100 full-time workers.  Men are far more likely to be killed or injured while on the job.

Men sometimes feel that they cannot report a workplace accident. They might think that their job will be put in danger, or feel that they have to be tough and power through it. A construction worker also might not believe that the injury is serious, and not worth going to a doctor for.

Whatever the case may be, you should know that if your husband, boyfriend, brother, or father have been injured, there is help available. Keep reading for the five steps you should take to help a loved one out.

Get Him Medical Treatment

If a loved one has been hurt at work, it is a good idea to get medical attention as soon as possible. Some symptoms may not show up for several hours after the event. If the wound is very serious, call an ambulance or go to the emergency room.

Your loved one’s health is the most important factor here. You should have your husband follow the doctor’s orders, and follow any treatment plan to the letter. After you have received medical treatment, try to establish some record of the diagnosis and what happened.

File a Report with the Employer

Many facets of law hinge upon a paper trail. The more documentation you have, the better. It may seem daunting to say that the employer was the cause of your injury, but this is crucial in ensuring that you have the best result.

When it comes to accident reports, sooner is always better. Your employer will complete a First Report of Injury Form. Be sure to give your loved one’s employer an accurate and complete recounting of how your loved one was injured. This will help you in the long run.

Hire a Lawyer

The legal process can be a complicated one. Many people do not understand what is considered strong or weak evidence, what legal processes exist, and what recourse they have to protect themselves. An experienced lawyer can help you navigate your way through the entire process.

File a Claim

Minnesota law establishes the fact that employers must carry compensation insurance. This is important. When you file a claim, you are not suing the workplace. You are working with the employer’s insurance company.

Your loved one may be eligible for wage-loss benefits, medical benefits, and vocational rehabilitation. The employer is required to furnish compensation for psychological, surgical, and hospital treatment.

If your loved one’s employer is flouting the law, and does not have insurance, you need an attorney. The State of Minnesota may be able to cover your claim.

Wait, and Follow the Law

A workers’ compensation case can be a tricky thing. It is worth remembering that the insurance company is not on your side. They are legally allowed to lie to you, and will try to give you the smallest amount of compensation possible. Negotiating with them can be difficult, which is why it is important to have trusted counsel by your side.

The legal process takes time. You should not expect results overnight. Usually, insurance companies settle, but you should be prepared to go to court.

If you have any questions about work injuries in Minnesota, we can help. When you need someone to direct you to the help you need, we can help. If your husband has been injured, you cannot wait. Contact us today.