Mankato Workers’ Compensation Attorney
Call Today! (507) 888-8020
100 Warren St Suite 300, Mankato, MN 56001
Following a work-related injury, you may need to find a top Minnesota Mankato workers compensation lawyer. This may be the first time you ever needed to speak to a Mankato 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 Mankato work comp lawyers near you may seem like a difficult task. Law Office of Thomas Mottaz are here to help.
Mankato Lawyer – Minnesota Workers’ Compensation
Call (507) 888-8020 or 855-354-2667 to speak with a top Minnesota Mankato workers’ compensation injury lawyer or fill out the contact form and the Law Office of Thomas Mottaz will contact you immediately. It’s free with no obligation. Let the best Minnesota workers compensation injury attorneys help you.
Mankato Employees are Entitled to Workers’ Compensation
The Minnesota workers’ compensation system was established in 1913 to help injured employees cope with the financial hardship brought on by occupational injuries and to assist in returning injured workers to employment. However, with the inception of the system came a struggle between providing necessary benefits to the injured employee and the costs incurred by the employer and insurer during the process.
Minnesota workers’ compensation does not take fault into account. In fact, think of it as a contract between the employee and his or her employer. The employer agrees to compensate the employee for on-the-job injuries, and in return, the employer has limited liability with a set amount of exposure. Every employer is liable for compensation in every case of personal injury or death of an employee arising out of and in the course of employment without regard to the question of negligence.
Although workers’ compensation can be categorized as an exclusive remedy, it does not prohibit an injured worker from bringing other claims against the employer for things like discrimination, retaliation, or other claims.
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.
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 Anoka work comp lawyer Jerry Sisk today to discuss your options.
Getting treatment for a Minnesota Work Injury
After you sustained an injury, it is important that you obtain proper medical treatment and you provide your body an opportunity to heal. It is your doctor that will give you restrictions and limitations in an effort to allow you time to heal from your injury. Unfortunately, employers and insurers may try to rush you back to work too early and, you have a right to dispute it.
Employment after a work-related injury
If you have been taken off work or placed on restrictions, you are not required to go back to work against your doctor’s recommendations. The insurance company may obtain an independent medical evaluation in an attempt to try to argue that you can go back to work either in a limited or full-duty capacity. The employer and insurer will then attempt to discontinue your wage loss benefits if you fail to return to work as they have requested. Under these circumstances, you have their ability to fight the discontinuance of benefits by requesting a conference. A Mankato workers’ compensation lawyer can assist you in representing you at a conference to stop the insurance company from discontinuing your wage loss benefits.
It is important to discuss with a work comp attorney at any time that you have been offered employment as it can have a drastic effect on your wage loss benefits if you refuse employment. It is important to make sure that your doctor or physician believes that work offered by the employer and insurer is not truly within your restrictions or limitations. If the work is within your restrictions and limitations and your doctor believes that it is work that you can do, then it is possible that the work could be suitable gainful employment. In that case, if you did refuse the work, the employer and insurer would be allowed to discontinue your benefits. Consequently, it is very important that you have discussed these various scenarios with an attorney so you can make an informed decision.
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.
Minnesota 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 Mankato work comp attorneys at the Law Office of Thomas Mottaz 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.
When to Contact a Mankato 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, contact the Mankato workers’ compensation attorneys that help people with Minnesota work injuries anywhere in MN.
The Law Office of Thomas Mottaz, a Mankato top Minnesota Law Firm 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?
The Law Office of Thomas Mottaz is dedicated to making sure you get the disability benefits you are owed. They will be your advocate throughout the process. Call now at (507) 888-8020 or 855-354-2667 or fill out the contact form and we 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.