MN Workers’ Compensation Information
All employers in Minnesota are required by law to either purchase or provide insurance for workers’ compensation. It does not matter how large or small that business is. Even if there is just a lone part-time employee for the business. If a business fails to abide by these rules, severe penalties will be levied.
There are four types of benefits as it pertains to workers’ compensation benefits:
It is important to know that lost wages are calculated based on what the employee was making on the date of the injury. For instance, if an employee was due a cost-of-living adjustment on a date after their injury, they would not be entitled to that wage increase.
Every employee in Minnesota is entitled to workers’ compensation benefits if the injury was sustained during work-related activity. This can include a specific event or if the injury was caused due to repetitious tasks. Illnesses and diseases that were contracted while on the job are also reasons for benefit entitlement.
What should an Injured Worker do after a Work Injury
When you have an on-the-job injury it can be anything from a cut, strain, fracture, etc. For most employees when they have a work-related injury, they don’t know what to do. It can become a very complicated and stressful situation. Consequently, it is a good idea to know what your injured worker’s rights are under Minnesota Workers’ Compensation law. Here are a few helpful tips.
- Report your injury to your employer. It is very important to report your injury immediately to your employer. Many employers have their own guidelines and rules about reporting work-related injuries. You should make sure to check with human resources or your employee handbook about the appropriate procedure. Regardless of your company’s own policies, under Minnesota Workers’ Compensation law, you are required to report your injury within 30 days of the injury. Only in limited circumstances are you allowed to report your injury beyond 30 days. If you had a work-related injury but failed to report it within 30 days, you may want to discuss the matter with a Minnesota Workers’ Compensation lawyer to go over your options. There are exceptions to the reporting requirement that are very fact specific and an attorney may be better suited to discuss it with you.
- Seek medical care or treatment. We would expect that this would be a very obvious and self-explanatory recommendation, especially when dealing with work-related injuries. This is not always the case. While in most cases, cuts and bruises will heal on their own but more significant soft tissue or even traumatic injuries won’t. An injured worker should seek medical care or treatment to evaluate the severity of the injuries. Not only is seeking medical care and treatment important to determine the extent of the injuries, it also allows the opportunity for the injury to be documented and memorialized in the medical records. This is important. In some cases, documents get lost, witnesses are no longer available, and employers deny injuries even occurred. By documenting it in a medical note, it allows for others to know that it happened.
- Speak with an Attorney.There is no such thing as a silly question. In most cases, this is your first and only work-related injury. Most of the documents and forms that are presented to you are new and can be a lot to try and understand. There are people out there who can assist you in answering your questions. Jerry can help you and provide you the legal advice you need in free no hassle consultation.
What will it Cost to Meet with a Minnesota Workers Compensation Attorney?
There is no cost to meet with a Minnesota workers compensation attorney 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 Minnesota 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.
Let Jerry Help You
Since 2008, Jerry Sisk has been protecting injured workers rights in Minnesota workers compensation matters. Jerry’s experienced and knowledgeable staff can answer all of your legal questions, and provide you assistance to get through this process.
If you believe you are entitled to workers compensation benefits, please call Minnesota workers compensation attorney Jerry Sisk at 855-354-2667. Consultations are free and help is available 24 hours day/7 days a week. We look forward to fighting on your behalf and getting you the money you deserve.
WC FAQ
What types of injuries are covered?
Injuries to the neck, back, and shoulder are some of the most common. For a more complete list please visit our practice area page. If you don’t see a particular type of injury it still may be covered.
What types of benefits are paid?
Wage loss, permanent partial disability, medical, and vocational rehabilitation services are all eligible benefits under workers’ compensation. For a more detailed explanation regarding these benefits, please visit our videos page.
How do I get treatment for my injury?
For “reasonable and necessary” treatment it is the employer and their insurer who are responsible for payment. Both hospitalization and surgery are covered. Any therapy for physical and pain management treatment is also covered under workers’ compensation benefits.
How can I afford a lawyer to help me?
We do not charge any fees to consult and discuss your workers’ compensation case. No fees are charged unless you wish to retain our services AND we are able to recover benefits on your behalf. If we do not recover any benefits, you won’t owe us anything.