St. Cloud Workers’ Compensation Attorney
Are you in need of a St. Cloud workers’ compensation attorney?
Call Today!(320) 322-2473
Following a work-related injury, you may need to find a top Minnesota St. Cloud workers compensation lawyer. This may be the first time you ever needed to speak to a St. Cloud 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 St. Cloud work comp lawyer near you may seem like a difficult task. Jerry Sisk and the Law Office of Thomas Mottaz are here to help.
St. Cloud Lawyer – Minnesota Workers’ Compensation
Call (320) 322-2473 or 855-354-2667 to speak with Jerry Sisk a top Minnesota St. Cloud 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.
St. Cloud 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.
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.
In Minnesota, injured workers are entitled to workers’ compensation benefits for conditions that have been caused or aggravated by a work injury or activity. A work-related disability can be caused by anything from a specific event, repetitive work activities, or occupational diseases contracted due to hazards or exposures from the employment. The information below details some of the most common workplace injuries.
- Back Injury– Some of the most common work-related injuries are injuries to the back and spinal cord.
- Neck Injury – Frequently asked questions about the cervical spine and neck including getting benefits you deserve
- Knee Injury – Torn meniscus? ACL? Ligament damage? Learn more about these types of injuries and how to make sure your rights are protected.
- Shoulder Injury – Torn rotator cuff? Bursitis? Inflammation of the shoulder joint? Minnesota workers’ compensation covers work-related shoulder injuries. Find out more about it.
- Chronic Pain – Chronic pain is a diagnosable condition which often times is overlooked and denied by workers compensation.RSD? CRPS? Know your rights to benefits.
- Carpal Tunnel – repetitive injury? CTS? What are your rights to work comp benefits?
- Fractures-Fractures can be painful and sometimes can result in incomplete recovery. Learn more about work injury fractures.
- Internal Injuries– Sometimes the injuries are not obvious. Some injuries result in internal damages to muscles, organs or other tissues of the body. Learn more.
- Spinal Cord Injuries- Damage to the spinal column? Low back? Mid Back? Neck? Injuries resulting in paralysis, numbness, weakness or tingling.
- Occupational Disease or Environmental Injuries – Learn more about an occupational disease such as such as asbestosis from asbestos or hearing loss.
- Psychiatric/Psychological Injuries – Under Minnesota law, certain psychological and mental injuries are covered. Find out more as to whether your condition is covered.
- Traumatic Brain Injury (TBI) – Head injury? Concussion? Understand the TBI symptoms, testing and what to do to ensure your benefits are protected.
- Repetitive Trauma or Cumulative Trauma Injuries -Learn more about Gillette injuries like carpal tunnel, date of disablement, medical treatment and whether you have an injury.
- Consequential injuries – Suffered a new injury as a result of an old injury? Overcompensating at new injury? Find out more about consequential injuries.
- Car Accident | Truck Accident | Injuries traveling to and from work – Motor vehicle accident? Find out more about whether you have a work-related injury.
- Wrongful Death | Injuries resulting in Death – Sadly, there are situations that a work injury results in the death of a loved one. We can help identify what benefits you would be entitled to.
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 Minneapolis 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.
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.
St. Cloud 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.
What will it Cost to Meet with a St. Cloud Workers Compensation Attorney?
There is no cost to meet with our office to discuss your workers’ compensation case. We do not charge a fee unless you retain our office and we are able to recover benefits on your behalf. This means if you retain our office and during the life of your claim we do not recover any disputed or new benefits, you will not owe us anything. This means that we will monitor your case and make sure to advise you on important issues.
Minnesota workers’ compensation attorney fees are handled on a contingency basis. No fee is owed unless we are able to recover additional workers’ compensation benefits or a settlement. Before October 1, 2013, attorney fees would be paid on a contingency basis of 25% of the first $4,000 and 20% thereafter. After October 1, 2013, dates injuries, the law changed to 20% of workers’ compensation. In the case that there is no money paid directly to you, whether it be wage loss, permanency or a settlement, and in a situation where we recover medical or rehabilitation benefits on your behalf, we are allowed to have the insurance company pay our hourly fees.
Insurance companies spend lots of money to hire defense lawyers to represent them. Hiring a Minneapolis work comp lawyer gets someone in your corner that understands the system and makes sure that no one is taking advantage of you.
Following a work injury, there is no bad time to meet with a workers’ compensation lawyer. All meetings are private and confidential. An attorney can help you with even the smallest of cases and assist in monitoring your claim and making sure there are no issues. Waiting until there are issues may not always be in your best interest.
Meeting with a Minnesota workers’ compensation lawyer for an initial consultation is free with no obligation to sign.
When to Contact a St. Cloud 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 St. Cloud workers’ compensation attorney that helps people with Minnesota work injuries anywhere in MN.
Jerry Sisk is an expert disability Minneapolis workers’ compensation attorney with over 15 years of experience in work comp.
Jerry, a St. Cloud 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 is dedicated to making sure you get the disability benefits you are owed. He will be your advocate throughout the process. Call him now at (320) 322-2473 or 855-354-2667 or fill out the contact form and his office 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.