Duluth Workers’ Compensation Attorney
Are you in need of a Duluth workers’ compensation attorney?
Call us today! (218) 203-4566
230 W Superior St Suite 464, Duluth, MN 55802
Following a work-related injury, you may need to find a top Minnesota Duluth workers compensation attorney. This may be the first time you ever needed to speak to a Duluth work comp lawyer or any Minnesota attorney. You have questions – How much will it cost, how do I get treatment, and do I get compensation for my disability? Finding the best Duluth work comp lawyer near you may seem like a difficult task. Jerry Sisk and Mottaz & Sisk are here to help.
Duluth Work Injury Lawyer – Minnesota Workers’ Compensation
Call (218) 203-4566 or 855-354-2667 to speak with Jerry Sisk a top Minnesota Duluth workers’ compensation injury attorney or fill out the contact form and Mottaz & Sisk will contact you immediately. It’s free with no obligation. Let the best Minnesota workers compensation injury attorneys help you.
Duluth Employees are Entitled to Workers’ Compensation
Workers’ compensation is a no-fault system designed to provide benefits to employees injured as a result of their employment activities and to limit the liability of employers. Because it is a no-fault system, the employee does not need to prove negligence on the part of the employer to establish liability. It also means the employer cannot use negligence on the part of the employee as a defense to a claim.
Employee’s covered can include:
- Construction workers
- Engineer Technicians
- Line workers
- Commercial Vehicle Drivers
- Meat Packers
- Daycare Providers
Minnesota Work Injuries
Work Accidents can happen at any time from slip and falls to repetitive trauma injuries. If the work activity or work injury contributed to your symptoms, you deserve to have them covered as a work-related injury. A Duluth Minnesota workers’ compensation attorney can help.
We specialize in and are experts in the following work injuries:
- Strains/ sprains
- CRPS/ RSD/Chronic Pain
- Brain Injury
- Back Injury
- Neck Injury
- Repetitive Trauma Injuries/ Gillette injuries
- Wrongful Death Benefits
- Mental injury
- Car Accident/Motor Vehicle Accidents
- Truck Accidents
- Head injuries/Traumatic Brain Injuries (TBI)
- Construction Accidents/Injuries
- Shoulder Injuries
- Electrical Shock Injuries or Death
- Carpal Tunnel
- Knee Injuries
Report your Minnesota Work Injury
A Minnesota workers’ compensation claim starts with reporting an injury. So, what happens if I don’t report a work injury?
By not reporting a Minnesota work injury to your employer after it happens you can harm your chances of getting benefits now and in the future.
The first step in any workers’ compensation claim is to report an injury to your employer. The purpose of the requirement is to allow the employer the ability to render immediate medical attention in the hope of minimizing the seriousness of the injury and permitting the employer to investigate the claim soon after the injury. You have up to 30 days and in certain situations up to 180 days but you should report your injury immediately. If you have questions about reporting a Minnesota work injury to your employer call a Duluth work comp lawyer Jerry Sisk today to discuss your options.
Getting treatment for a Minnesota Work Injury
An employer has a responsibility to provide medical treatment that is reasonable and necessary to cure and relieve the employee from the effects of a work injury. To that end, the employer/ insurer’s liability includes the responsibility to provide whatever transportation assistance is reasonably required to allow the employee to obtain proper treatment. Following a work injury, the injured worker generally possesses the right to pick the treating doctor. It has long been the law that Minnesota employees are given great latitude both in choosing and changing physicians. It is important to get treatment right away following your work injury.
Denied Work Comp Benefits
After the Employer and Insurer have been notified of a work-related injury, and the disability lasts longer than three days, the insurer is responsible for admitting or denying your claim. They must send out a Notice of Insurers Primary Liability Determination indicating the same.
- If accepted, they must pay benefits within the required time.
- If denied, they must explain to you why your claim is being denied.
Workers Compensation Insurers are responsible for paying for the following benefits:
- Wage loss benefits, including temporary total, temporary partial and permanent total disability benefits.
- Permanent partial disability or benefits for functional impairment or permanent loss of function of a body part.
- Dependency benefits if a spouse or dependent dies from a work injury.
- Vocational rehabilitation benefits if you are found to be a qualified employee. This may include retraining.
- Medical care and treatment.
Statute of Limitations
In Minnesota, the amount of time that you have to file a workers’ compensation claim depends on two factors, including:
- Whether any benefits have been paid; and
- Whether a First Report of Injury has been filed with the Department of Labor and Industry.
If any benefits have been paid in the past, then the injured worker would be able to bring a claim at any time during the life of the claim. This means that an injured worker can bring a claim at any time for workers’ compensation benefits as long as those benefits continue to remain open.
If no benefits have been paid, then the question turns as to whether or not a First Report of Injury has ever been filed with the Department of Labor and Industry. If a First Report of Injury has been filed, then the injured worker would have three years from the date of injury to bring a claim. If the claim is not brought within those three years than the injured worker would be forever barred from bringing a claim. If a First Report of Injury has not been filed, then the injured worker would have six years from the date of injury in order to bring a claim.
Filing a Claim for your Minnesota Work Injury
If you have been denied work comp benefits or the worker’s compensation insurer has refused to pay benefits a Duluth work comp attorney can help file the necessary paperwork to get you benefits.
Under MN workers’ compensation, there are two different places or venues a disputed or claim can be filed– Minnesota Department of Labor and Industry or the Minnesota Office of Administrative Hearings. The type of document filed and the nature of the dispute will dictate where it will be heard. Typically, DOLI will hear issues of medical and rehabilitation under $7,500 if it is an admitted claim (paid benefits). OAH will hear all other disputes including wage loss and disputes over $7,500 where claims are either admitted or denied. Documents that can be filed to recover benefits can include:
- Medical Requests;
- Claim Petitions; and
- Rehabilitation Requests.
Once a claim has been filed the employer and insurer have a right to undergo discovery which includes the injured worker to undergo what is called an Independent Medical Examination (IME). In certain cases, an employer and insurer may also request an Independent Vocational Evaluation if the injured worker claims that their ability to earn has been reduced by the injury. During the discovery process, the injured worker and her attorney are also afforded an opportunity to obtain records from the employer, conduct depositions of experts and relevant parties and request medical records before going to a hearing.
MN Work Comp Conferences and Hearings
Once the appropriate documents have been filed with the state a conference or hearing will be scheduled. The purpose of an administrative conference is to resolve issues regarding medical and rehabilitation services. Administrative conferences are typically scheduled for a half hour to an hour and are less formal then a hearing as no sworn testimony is given and a formal record is not kept.
A hearing is the equivalent of “trial” in civil cases. However, it is nothing like you see on TV. Instead, hearings are conducted at OAH or other designated locations throughout the state. There is no jury but instead, a compensation judge that will consider all of the evidence. A hearing before the judges will be scheduled for either a half or a full day depending on the issues. The parties offer evidence and sworn testimony is given. The parties are bound to follow certain rules when conducting themselves at a hearing.
Following the conclusion of the conference or hearing, the mediator or Judge will take the matter under advisement and issue a Decision and Order (DO) or a Findings and Order (FO), which can be appealed within 30 days. If it is an administrative decision (DO) any party can request a formal evidentiary hearing before a compensation judge. If it is a hearing it can be appealed to the Workers’ Compensation Court of Appeals.
When to Contact a Duluth Workers Compensation Attorney?
The Workers compensation law and the process can be difficult to understand. If you have been denied workers’ compensation benefits or need to discuss your Minnesota workers compensation case, Jerry Sisk is a Duluth workers’ compensation attorneys that help people with Minnesota work injuries anywhere in MN.
Jerry Sisk is an expert disability workers’ compensation attorney with over 15 years of experience in work comp.
Jerry, a Duluth top Minnesota attorney can help answer your questions including:
- How can a workers compensation attorney help me?
- Why hire a Minnesota work comp lawyer and your firm?
- How does workers’ compensation pay you?
- How do I hire a work comp lawyer to represent me?
- What work comp benefits are available to me including wage loss and medical?
- How much does it cost to get a lawyer?
- What can I expect if I hire a lawyer?
- What is the value of my work comp case?
- How long will work comp pay?
- Should I take a worker’s compensation settlement?
Jerry Sisk and the Law Office of Thomas Mottaz are dedicated to making sure you get the disability benefits you are owed. They will be your advocate throughout the process. Call now at (218) 203-4566 or fill out the contact form and they will contact you immediately. We don’t set any time limits on the conference, and often times we are more than happy to meet with you as long as need be. We offer in-person as well as over-the-phone consultations.