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Workers’ Compensation
Twin Cities - Minneapolis - St. Paul
A User’s Guide
Minnesota workers’ compensation cases have become increasingly complex due to insurers' aggressiveness and multiple changes in the laws passed during the 1980s and 1990s. Regretfully, the law changes have been regressive—reducing an injured worker’s right to benefits and encouraging insurers to deny an increasing number of valid cases.
The right to workers’ compensation benefits is not automatic and is the subject of frequent litigation when the claims of the injured worker (the employee) are disputed by the employer or the employer’s insurer. Legal representation is important to assist injured workers and their families to stabilize finances, pay medical bills, and protect the injured worker’s legitimate right to current and future medical care.
What constitutes a work-related injury?
A physical injury or occupational disease to the body that occurs in the course of the employment can be work-related injuries. Workers’ compensation insurance can also cover psychological injury if it is a result of a physical work-related injury.
What kinds of injuries are covered by Minnesota workers’ compensation?
- 1. Direct Injuries. Work events that result in injuries, including motor vehicle accidents, slip-and-falls, lifting, twisting, etc.
- 2. Repetitive-Motion Injuries. The body can also be hurt by cumulative trauma or repetition of a work task, resulting in the degeneration of a body part over time. These tend to be injuries to the neck, shoulders, back, wrists, hips, knees, or elbows.
- 3. Occupational Diseases. Some occupations involve exposure to loud noises, hazardous chemicals, or infectious diseases, which can cause injury.
- 4. Occupational Death. Injury can occur due to a direct trauma (transportation accidents, construction site accidents, machine malfunction) or due to an occupational disease (asbestos exposure, for example) that results in a progressive or sudden death.
What will the insurance company pay?
Minnesota's workers’ compensation laws provide for a limited schedule of benefits, including work injury-related death, wage loss, medical expenses, vocational rehabilitation, and permanent or partial disability.
Questions we can answer:
- If an on-the-job injury occurs, what should I do first?
- How soon should I report the injury to my employer and my workers' compensation insurance company?
- What if I’m not sure I’m hurt?
- If I give notice of my injury as required by law, will my injury automatically be accepted and compensated?
- If I am injured and have reported my injury, what do I do next?
- How long will I be treated for my on the job injuries?
- When will I know if my injuries will be covered by workers’ compensation?
- What kinds of benefits are available in workers’ compensation?
- What will I pay in attorney’s fees? Are there up-front costs if you accept my workers' compensation claim?
Listed below are the answers to some of these commonly asked questions:
1. If an on the job injury occurs, what should I do first?
- Inform your supervisor that you have sustained an injury.
- Ask that a First Report of Injury be completed to document that notice was given. It will contain where, how, when, and to what body part the injury was sustained. Ask to receive a copy of the completed form.
2. How soon should notice be given?
- Usually, notice must be given within 30 days but no more than 180 days after the injury. There are exceptions. If in doubt, give notice to your employer as soon as possible.
3. What if I’m not sure I’m hurt?
- Use common sense. Pain that is severe, constant, involves shooting pains in the arms and legs, causes sleeplessness, or affects functioning at home or at work is generally severe enough that you should give notice of injury.
- Assuming that your work related injury will go away on it's own is not a smart approach. Neck, back and repetitive motion injuries will often 'flare up' and calm down over time.
4. If I give notice of my injury will my injury automatically be accepted?
- Not necessarily. As the employee has the burden of proving an injury, workers compensation insurance will often deny many cases, hoping the employee will abandon the case.
5. If I’ve reported my injury, what do I do next?
- Obtain medical care from a doctor of your choice. Generally you have the right to select your own doctor unless the employer or insurer participates in a managed care network, which limits your choice of doctors to those within the network.
- Your choice of treating physician is critical and may affect the viability of the case. You must choose carefully and select a specialist (e.g., orthopedist or neurologist) who understands the significance of his or her medical opinion and who is fair to injured workers when assessing the injury.
6. How long will I be treated for my injuries?
- Your medical care may continue as long as it is: (a) reasonable as to the number of visits, as to the kind of care you are receiving, and provides relief of symptoms and/or a cure; (b) necessary and recognized as an appropriate medical measure such as an examination, therapy, or test; and (c) related to the cause of your injury. This is generally the area most disputed by insurers and where intervention by a workers' compensation attorney becomes important.
7. When will I know if my injury will be covered by the workers’ compensation insurer?
- The employer is required to forward the First Report of Injury. It then has 14 days to issue a Primary Liability Determination Statement, which notes the acceptance or denial of the claim. If liability is denied, it is recommended that you seek legal counsel immediately.
8. What kinds of benefits are available?
- Medical bill payment, reimbursement for medical mileage, prescriptions, and prescribed durable medical equipment.
- Payment of lost wages generally falls into four categories: (i) Temporary Total Disability (TTD) – TTD is payable when medical evidence supports that a work injury temporarily disables the worker from all employment, and is calculated by determining the average gross weekly wage (AGWW) multiplied by two-thirds; (ii) Temporary Partial Disability (TPD) is payable when the injured workers’ work restrictions limit the hours they can work or result in a wage reduction or loss of regular overtime, and it is calculated by subtracting the reduced gross income from the AGWW, then multiplying the wage deficit by two-thirds; (iii) Permanent Total Disability; and (iv) Death Benefits. Death benefits are payable to the dependents and partial dependents of a deceased worker whose death was caused or substantially contributed to by a work-related injury. These claims should be carefully evaluated to determine all available sources of recovery.
- Vocational rehabilitation benefits may be available to ensure that the employer follows a treating doctor’s return-to-work restrictions, to determine if a job is available within restrictions, and to assist in job searches or job placement with a different employer if no work is available within restrictions.
- Lump sum or weekly sums of money as compensation for a permanent “partial” disability, according to the treating physician.
- Pain and suffering is not compensable unless the injured worker or the heirs can establish an independent “cause of action” against a negligent third party other than the employer or coworker, involving injury or death.
9. Who pays the attorney’s fees?
- Fees on money benefits are paid by the injured worker on a “contingency” basis using a state-imposed formula of 25% of the first $4,000 recovered and 20% of the next $60,000. The maximum fee is usually $13,000. Attorney’s fees on medical or vocational disputes only be paid by the insurer.
Free initial appointment can be made by calling 651-645-7746.
Validated free parking is available in the Spruce Tree Centre Ramp connected to Spruce Tree Centre.
