This means that having the right doctor can be the difference between getting your medical bills and wage loss paid or getting your claim denied.

Such an important decision should not be left up to your employer. Employers will try to protect themselves from workers’ compensation claims to avoid increased insurance premiums. A successful workers’ compensation claim may also draw attention to unsafe work environments, which could result in workplace safety penalties. Ultimately, your employer has many reasons to try to protect the company and will not have your best interest at heart when choosing a doctor.

Know Your Right to Choose

Under Minnesota law, employees have the right to choose their physician if they are not part of a managed care plan. We often see employers that tell their employees that they have to go to their doctor or else they don’t get benefits. This is simply incorrect.

There is nothing more personal and important than your physical health, and your employer should not be given the right to make these very personal decisions. Almost as important as your physical health is your financial health. Most of us cannot afford to get stuck with thousands of dollars in medical bills and weeks of lost wages. Without the right doctor, both your physical and financial health could be devastated. If your employer is pressuring you to see a doctor they selected, you are will be far better off choosing your own doctor.

However, before you make a change to a new doctor, you must first make sure that changing your primary physician complies with the workers’ compensation rules.

Rules and 60-Day Deadline

Minnesota workers’ compensation requires employees follow the workers’ compensation rules. Under these rules, a doctor becomes your “primary” doctor after you have seen him or her only twice. Once you have established a primary doctor, you must be careful to properly follow the administrative rules when changing doctors.

If you change doctor without following these rules, your employer may no longer have to pay for your medical bills! Here are the basics of what you need to know and additional resources:

Employees can change their primary physician one time within 60 days from starting their medical treatment. However, after 60 days, it is much harder to change physicians, and even impossible in some circumstances. For example, the rules require employees to get employer, insurer, or judge approval to change their physician after 60 days. To learn more about these rules, see Minnesota Administrative Rule 5221.0430.

If your employer or their insurer is pushing you to a doctor or clinic of their choosing, we highly suggest immediately seeking the advice of an attorney for two reasons. First of all, as mentioned, there is a time component involved here and an attorney can assess where you stand and possibly get a doctor change approved even after the deadline. Secondly, in our experience an employer recommended doctor is a major red flag. Employers and work comp insurance companies who try to influence medical care tend to be the kind of companies who will do everything they can to deny you the benefits you have coming to you.  Therefore, it’s better to have someone on your side as early as possible.

Kaarin S. Nelson is an attorney at Halunen & Associates. She represents employees facing workers’ compensation retaliation and other employment related issues. Below, she discusses how employees can face scrutiny after filing a claim.

You’re a good employee and you work hard at your job. You go in everyday and tuck yourself under a customer’s car, drive to a client’s office or hospital, or climb the ladder to a customer’s roof. One day, a day that otherwise starts out like all the others, you injure yourself while you are at work.  This injury could be a minor slip and fall, or a more serious accident that requires surgery and possibly years of rehabilitation. You go to the doctor, you miss some work, and you may have some work restrictions. As is your right, you apply for workers’ compensation.

Sometime after you apply for work comp, your employer starts treating you differently. It might be as elusive as making you feel less valuable than other co-workers. Possibly your employer becomes critical of your work in ways that didn’t happen before your request for workers’ compensation, amounting to some form of performance improvement plan. Or maybe it is as bad as humiliating comments about your value as an employee (I have heard comments as shocking as “we should take you out back and shoot you” and “if you hadn’t applied for workers’ compensation none of this would have happened”). This humiliating treatment may lead to a demotion, termination, or some other form of adversity.

If you are being treated differently after you applied for workers compensation, you may be experiencing retaliation because of that claim, and the law protects you from that.  There are steps you can take to make sure this law works for you.  You can call an attorney who works with employees experiencing retaliation because of a workers compensation claim. You can also make a report to your employer laying out your concerns of retaliation. This report should protect you against further retaliation, or, at the very least, it may strengthen your legal claim if your employer turns a blind eye to your report.

Recovering from any injury can be stressful and daunting. Having work restrictions can be scary and may force you to address concerns about your future earning potential. Your doctor will probably tell you to focus on your recovery, and you should, but you might also have viable legal recourse that you should be aware of and could help protect you and your family.

It is important that this form be filled out to document that the injury took place. It should be filled out as close as possible to the actual injury date. If this form is not filled out it could make proving your claim more difficult in the future.

Document as much as you can about the injury as soon as possible, especially if you can’t fill out the FROI the same day you get injured. Grab a pen and paper and write down as much as you can remember. Some key pieces of information to record include:

• When and where the injury occurred (Day, Time, Location).
• Where the injury occurred on your body.
• How the injury occurred.
• Any witnesses to the accident.
• Any pain or issues you are experiencing after the accident.

You’ll be able to recall key details more accurately if you write them down shortly after the incident, and odds are you’ll have access to a piece of paper or the notepad in your cell phone before getting your hands on a FROI form. If you have any questions about filling out the FROI, don’t hesitate to reach out to an attorney.

You should note how the exam was conducted, such as where the doctor touched you, if the doctor made you lift your legs or touch your toes, or if the injured area was rotated. How long the exam took is also an important detail.

The doctor’s opinion is going to have an impact on your benefits. For instance, the doctor may state that your injury was not work-related. This can give the insurance company a reason to discontinue benefits. The doctor may also find that you have reached Maximum Medical Improvement (MMI), which means you won’t get any better than you are now. This means any temporary benefits can be discontinued. If the doctor states that the treatment you received in the past was not necessary, the insurance company may try to deny payment of your medical bills.

Most people get upset when they get the results of the exam. This is an understandable reaction, but remember that this is only one person’s opinion and you don’t have to follow it.

Carl Crosby Lehmann posted the following Q&A on BusinessManagementDaily.com. Workers’ Compensation Attorney Mike Lammers builds upon Mr. Lehmann’s answer by sharing his own insights into Minnesota workers’ compensation law.

Q. We have an employee who has been out with a work-related back injury for more than six months. We have not received any indication from her doctor about when she will be able to return. Must we keep her on workers’ compensation leave status indefinitely? Do we have to indefinitely hold open her job?

The short answer is “no.” Minnesota workers’ compensation law does not require indefinite leave for an employee who has suffered a work injury.

An employee on an indefinite workers’ compensation leave who has exhausted any FMLA leave may be lawfully terminated and has no absolute right to reinstatement to her current position at the time she is deemed medically able to return to work.

That being said, workers’ compensation law requires employers to undertake a fact-based analysis similar to the ADA’s reasonable accommodation analysis. When an employer has been provided a definite return-to-work date, even one that is fairly distant, it must analyze whether it can accommodate the employee with an extended leave of absence and keeping her position open or whether this would be an undue hardship.

Minnesota courts have generally held that it is not reasonable to accommodate an indefinite, lengthy leave when the employee cannot establish that she will ever be able to return to work or when that might occur. If terminated, however, such an em­­ployee should be free to reapply for a job once she is physically able to re­­turn to work (with or without a reasonable accommodation).

Beware possible legal exposure for unlawful retaliation against an employee for asserting workers’ comp rights. Make sure you are acting consistently with other leave of absence situations, including leaves necessitated for reasons other than workers’ compensation covered injuries.

Mike Lammers Chimes In

Mr. Lehman’s advice here is good. While employers aren’t legally required to hold an injured worker’s job open indefinitely, they need to act reasonably wherever possible. The author is right to point out that employers should be aware of possible exposure to legal action for retaliatory discharge if they aren’t very careful when eliminating the job of an injured worker.

I would add that the employer should pay specific attention to the timing of events. We sue employers who illegally fire people that have a workers’ compensation claim. One of the very first things we look at when evaluating a case is the temporal relationship between the termination and the employee’s injury or diagnosis/prognosis change. In other words, how much time has passed between a work comp “event” and the firing? If the employer decides to fire someone soon after they get hurt or file a work comp claim (or have a medical procedure, a status change, etc.) a good argument might be made that they are retaliating against the injured worker.

The law is attempting to ensure fairness. On the one hand, a business can’t be expected to hold a position open forever without knowing if it will ever be filled. On the other hand, an employee shouldn’t be punished for getting hurt on the job.

Related source: Business Management Daily

Temporary workers in Minnesota are at a much higher risk for injury than permanent workers, according to a study of more than 3.5 million injury claims.

The multi-state study conducted by ProPublica sought to better understand how temporary worker injuries compared to those of permanent workers in respect to incident type, rate and severity. The study, which included injury claims from Minnesota, California, Florida, Massachusetts and Oregon, uncovered:

• Temp workers were significantly more likely to suffer a “caught in” or “struck by” injury.

• Temp workers in Minnesota were 72 percent more likely to be injured on the job than their full-time, permanent counterparts.

• Permanent workers in California were half as likely to suffer heat exhaustion than temporary workers.

• Temporary workers in Minnesota were more than three times as likely to be injured by chemicals than permanent workers.

With data like this, it’s no surprise that we regularly hear tragic stories like to one of Lawrence Daquan “Day” Davis, a 21-year-old temporary worker who was killed on the first day of his job when he was accidently crushed by a pallet loader. The Occupational Safety and Health Administration later fined Davis’ company $192,000 for failing to properly train its temporary workers and advise them on proper safety techniques.

Three Main Reasons

The above study and the story about Davis are consistent with what we see in our practice when it comes to temporary worker injuries. In these cases, we usually see three independent factors that amount to the so-called “perfect storm” of temp worker injury. They are:

Lack of Training – Because of lack of training and the physical nature of temporary work, people in these environments tend to get injured more than their permanent-status counterparts.

Economy – The “jobless” economic recovery we’re going through means that more and more people are accepting temporary or part-time work just to get their foot in the door. With more individuals accepting temp positions, it stands to reason that temporary worker injury rates will rise.

Reporting Issues – Finally, work injuries suffered by workers in a temporary role often go unreported because of ignorance of the law, fear or losing out on work, or blame shifting by the temp agency or the employer.

The end result is a large population of workers who will be unable to rejoin the workforce and whose healthcare will have to be paid for by the taxpayers.

Related source: ProPublica

The Minnesota Occupational Safety and Health Administration recently announced that serious injuries from falls have risen in the past few years, and the number of citations issued to companies who fail to protect workers has more than doubled since 2011.

Although deaths from workplace falls have remained constant over the last five years, MNOSHA said serious injuries from falls doubled in 2012. They attempted to remedy the problem in 2013 by coming down harder on companies who failed to comply with workplace safety regulations. The administration issued 438 fall protection citations to companies in 2013, a huge spike from 2011 when only 173 tickets were issued.

“Typically, fall protection [equipment] is easily available. You can get it for less than $100,’’ said James Krueger, director of MNOSHA. “A majority of companies want to comply and do that routinely to keep their employees safe,” he added.

Three-Step Approach

Protecting workers from falls at work is a three-step approach. In order to best prevent serious and fatal fall injuries:

• Employers must purchase and install the necessary safety equipment.

• Employers must adequately train employees to use the equipment and gear.

• Employees must use the equipment when on the job.

MNOSHA is doing what it can to ensure businesses adhere to safety equipment and training policies, but even then accidents still occur. Terry Hukreide, an employee of Adolfson and Peterson Construction, said overconfidence and the thrill of risk could keep employees from following proper safety procedures.

“It’s an inherent human trait that we take chances,” Hukriede said. “Sometimes a worker says, ‘I only have to go out there for one second, and I’m not going to fall.’ But that’s the guy who ends up falling.”

Worker’s compensation attorney Ben Heimerl said MNOSHA citations aren’t always enough, and injured workers need to hold companies accountable.

“Many people find the idea of suing people distasteful, however, the best way to get companies to take safety seriously is to make it expensive when they don’t. When you’re injured at work, the only remedy is the workers compensation system. Minnesota workers’ compensation is not as lucrative as the insurance companies would like you to believe, but it does provide some very good benefits and its main goal is to get people healthy and back to work,” said Heimerl. “If someone other than your employer is at fault for the fall, there may be a claim against that company or individual as well.”

Related source: Star-Tribune

We can’t stress how important it is to report an injury as soon as it occurs, but we understand why some people are hesitant to do it. Below, you can see some of the common reasons why people fail to report their work injury in a timely manner.

1. They think the injury isn’t a big deal – Minnesotans are tough. Many of us have bills to pay and families to provide for. The prospect of missing out on a paycheck because of an injury can seem scary, so they trudge on ahead, sacrificing their physical comfort to provide for their family.

Also, maybe the individual thinks it’s only a minor injury and it will heal overnight or over the weekend. They don’t want to pester their manager or boss over an injury if it heals in just a few days. Sometimes a person’s pride gets in the way of reporting the injury, or they are simply overly optimistic that the injury is “no big deal.” They want to be seen as a great employee, but they should remember that even great employees suffer injuries on the job.

2. It’s a Gillette injury – A Gillette injury, also known as cumulative trauma, occurs when a person is subjected to repeated stress over time. For example, a warehouse worker who routinely lifts heavy objects might leave work with a sore back. His pain may alleviate each night, but if he holds the job for 20 years he might slowly be doing damage to the nerves and vertebrae in his back. Maybe he goes home with what he believes is routine soreness, but the pain lingers for a few days.  It might take the worker a week or so to realize that he needs medical attention, and that he should file a workers’ compensation claim.

3. They are afraid of losing their job – Unfortunately, this reason is far too common in the workplace. An employer cannot fire an employee simply because they got injured on the job. Some people think they might get too far behind on their duties if they are gone for too long, or they fear being replaced by a new hire.

The prospect of losing their job, their source of income, is a big reason why people neglect to file a workers’ compensation claim. The economy is tough, and trying to find a new job while recovering from an injury would be difficult. Also, many employees like their job. Not only are they afraid they’ll be fired for missing work with an injury, but they fear the stigma of being the employee with the work comp claim. You shouldn’t feel embarrassed or scared to collect benefits you’re entitled to receive.

4. They don’t know it is a compensable injury – Some people believe that they are only eligible for workers’ compensation if they suffer their injury while on the clock, but that isn’t always true. There are some exceptions, for example, if you are a traveling employee (your work requires you to travel, or go between several locations) you may be covered from the time you leave your house to the time you get home. You are also covered for ingress and egress of your employer’s premises, which would include injuries that take place in the parking lot, getting out of your car, or walking into the building.

Other times people don’t believe the injury is compensable because it was their fault. As long as they weren’t acting negligently or recklessly, they can be compensated, even if their mistake led to the injury.

Lastly, some workers believe the injury was caused by something other than work. If you aggravate a previous injury at work, even if the initial injury occurred outside of the workplace, you may still be eligible for compensation.

5. They don’t even realize they are hurt – Sometimes pain doesn’t set in until much later. For example, symptoms of a concussion can linger for years, even if a person doesn’t feel pain right away. If you begin to notice symptoms likely caused by a previous injury, you seriously consider filing for workers’ compensation.

Analysts concluded that August was the most dangerous month for workers by reviewing Travelers’ insurance claim data from the pasty two years. Although the data was limited to claims filed in Texas, researchers found that work injuries like sprains, strains, cuts and bruises were more likely to occur in August than in any other month.

“Employees are the backbone of any successful company, so it is important that employers take steps to keep them healthy and safe at work,” said Kim Bittle, Regional Vice President of Travelers.

Ben Heimerl, a workers’ compensation attorney in Minneapolis, Minnesota, said the claims data reveals how important it is for businesses to be insured.

“In Minnesota, businesses are required by law to carry workers compensation insurance. If a company is uninsured, they can be liable for up to triple the damages payable to the state,” said Heimerl. “If you are injured and you don’t think your employer carries workers compensation insurance, don’t worry. Minnesota has a Special Compensation Fund to cover injured workers of employers who don’t carry insurance. The employee should not have to pay for the employer’s mistake.

Deadly August Driving

Motorists are also subjected to heightened dangers during the month of August. According to AAA Mid-Atlantic, four of the 10 most dangerous days for driving are in August.

Thankfully, all four days have come and gone. The four dangerous days are August 3, 4, 6 and 12.

Although four of the 10 most dangerous driving days are in August, the month only has one day is in the top five. You can see the five most dangerous driving days below:

1. July 3
2. July 4
3. December 23
4. August 3
5. January 1

Related sources: Travelers, WJLA.com

For the study, researchers examined work accidents and injury data provided by the U.S. Department of Labor’s Bureau of Labor Statistics. In order to determine which states put workers at the greatest risk of serious injury, researchers examined how many accidents were so severe they caused the employee to switch jobs or experience major changes in their responsibilities. You can see the results below:

The Most Dangerous States For Workers

1. Maine (1.4 severe injuries or illnesses per 100 workers)
2. Indiana (1.1)
3. California (1.0)
4. Nevada, New Mexico, Oklahoma, Kansas, Wisconsin, Alabama, Connecticut, (0.9)

The Least-Dangerous States For Workers

1. New York (0.1)
2. Hawaii (0.2)
3. Louisiana (0.3)
4. Alaska, Wyoming, West Virginia, Delaware, Massachusetts (0.4)

Researchers couldn’t pinpoint the reason why some states were more dangerous than others. Some argued that Maine employs more manual laborers than New York, but a look at the data reveals that both states same the same percentage of white collar jobs (38%).

When researchers attempted to find correlations across between profession and location, they came across some confounding results. For example, serious injuries in the car and truck manufacturing ranged from an average of 1.1 cases in Tennessee to 3.5 cases per 100 workers in North Carolina. Similarly, nurses were nearly five times as likely to suffer a serious injury or illness in Maine than the national average.

Researchers ultimately concluded the differences could be credited to taxonomy and environment. Taxonomy is the way in which a state classifies an injury, and some environmental landscapes lend themselves to injury more so than others. Would you rather drive the Smokey Mountains in Tennessee, or the flat cornfields of Iowa?

The Most Dangerous Jobs

The insurance company Allsup also examined data to determine which industries were the most dangerous. The nationwide results may surprise you.

1. Amusement parks/arcades (3.2)
   2. Animal slaughtering/processing (3.1)
   3. Beverage manufacturing (2.7)
   4. Metal casting foundries (2.7)
   5. Nursing care facilities (2.6)

Related source: Time

According to a new study published on WebMD, researchers pooled data from 27 separate studies that included over 268,000 working adults. By looking cross-referencing questionnaire data with patient records, researchers concluded:

• People with sleep difficulties were roughly 60% more likely to suffer an injury at work than people who received an adequate amount of sleep.
• Individuals who had sleep apnea or took sleep medicines had the highest chance of suffering a work injury.
• Surprisingly, the risk of suffering a work injury related to poor sleep was less likely for individuals with labor-intensive jobs (such as industrial or construction workers) than the average collection of all workers.
• Overall, researchers estimate that 13 out of every 100 work injuries can be linked to poor sleep.

Researchers felt their evidence was strong enough to establish a direct correlation between sleep disorders and an increased likelihood of suffering a work injury. They added that their data did not include driving-related work injuries, which as we’ve documented in the past can be tricky situation in determining if a person is entitled to work-comp benefits. Had they included this data, researchers felt the rate of injury could have been even greater.

Workers’ Compensation Attorney Ben Heimerl comments

A person who suffers from sleep apnea or some other diagnosable sleep disorder may qualify as a disabled person under the Minnesota Human Rights Act. Sleep is a major life activity, and the inability to get sufficient sleep is a significant physical impairment that can adversely affect one’s ability to work.

A disabled person under the Minnesota Human Rights Act may be entitled to additional rights and protections within the workplace and, in the event of an injury, certain workers’ compensation benefits. If you suspect that you have a sleep disorder, it is important that you consult with your doctor.

The Good Samaritan doctrine allows for a person to be compensated for an injury if they are providing aid to someone in urgent need.  While “urgent need” may be loosely defined, the Appellate Court said it was reasonably foreseeable that an injury could occur if the vending machine malfunctioned.

Potat-OW Chip Claim

According to the claim, a man referred to only as Dwyer was working at Circuit City when he came upon a co-worker at the company-operated vending machine.  The co-worker had put money into the machine, but the bag of Fritos that was chosen was stuck on the clasp.

Dwyer attempted to dislodge the Fritos by tipping the vending machine forward.  After that attempt was unsuccessful, Dwyer tried to dislodge the bag by nudging the machine with his shoulder.  As he struck the machine, Dwyer felt an immediate pain in his hip and fell to the floor.  He was taken to a medical center where immediate surgery was preformed.

Awarding Damages

Dwyer sought damages for the surgery, recuperative period, and partial disability he suffered as a result of the injury. The Illinois Workers’ Compensation Commission originally ruled Dwyer’s injury was compensable under the personal comfort doctrine. They awarded Dwyer:

• 12 and 4/7^th’s weeks of temporary total disability benefits;
• $60,306.83 in medical benefits; and
• 35% loss of the use of his right leg, resulting in a total award of $74,107.74

In their decision, the IWCC ruled that Circuit City was liable because Dwyer’s actions were neither unusual nor outrageous.

Overruled, then Reversed

After Dwyer was awarded his benefits, the case was brought before the Circuit Court. The Circuit Court reversed the original decision, saying the personal comfort doctrine did not apply because Dwyer was not seeking his own “personal comfort” by trying to dislodge the bag.

Dwyer and his attorney appealed the reversal with the Appellate Court. Ultimately, the Appellate Court sided with Dwyer, but not for the reasons outlined in the original decision. The Appellate Court said Dwyer’s injury was compensable under the Good Samaritan doctrine. In their ruling, the court outlined a three-step process that they believe left Circuit City liable.  They ruled:

• The employer provided the vending machine for the convenience of its employees; and
• The machine was defective; and
• The defect created a need for action to dislodge the bag of Fritos.

Ben Heimerl comments

I’m not surprised the original court cited the personal comfort doctrine in their ruling. Under the PCD, a person can be compensated for an injury if it occurs during a short break, like a bathroom break, smoke break, or trip to the break room. These events do not take someone outside the scope of their employment and would be compensable. Following the logical steps that a person may take a break to get a snack from the vending machine, this leads me to believe it would be a compensable injury. I’m surprised the ruling was reversed, then reinstated, but the important thing is that an employee received the award for his on-the-clock injury.

1. Assaults and Violent Acts – Coming in at #10 are assaults and violent acts.  This may be more common among police officers in law enforcement, but it can also happen in an office setting. Pranks of office politics can lead to pushing and shoving.
2. Repetitive motion – Ben Heimerl, a workers’ compensation attorney, said his firm has seen numerous “repetitive activity” injuries.  People tasked with constant bending of movements are prone to repetitive motion injuries.
3. Machinery Accidents – Accidents involving heavy machinery are common among industrial workers and farmers.  Construction workers are also tasked with dealing with heavy equipment on a daily basis, which exposes them to a greater potential for injury.
4. Highway Accidents – Although the coming-and-going rule usually absolves a company of liability if a person driving to or from work, employees in the transportation injury suffer traffic accident every day.  Truck and delivery drivers make up a high portion of these work comp claims.
5. Hitting an Object – This type of injury occurs across all sorts of industries.  These claims occur when a person accidently runs into a hard surface, like a wall, door, table or chair.
6. Object Strikes Person – In these cases, a moving object strikes a person.  This most commonly occurs when a person drops an object from a higher level and it strikes a co-worker.  These injuries are common in outdoor industries, like construction, roofing, or painting.
7. Bodily Reaction – Bodily reactions injuries are similar to slips and trips, but the person doesn’t fall to the ground during a bodily reaction accident.  These usually involve a person hurting their back or knees when they catch themselves after they trip or slip.
8. Falls to a lower level – Falls from a high height come in at #3 on the list, and oftentimes they result in some of the most devastating injuries.  These injuries occur when a person falls down a staircase, off a ladder, or from a roof.  Falls from great heights tend to involved broken bones.
9. Slips, Trips and Same-Level Falls – Falls from slipping on a wet floor are one of the most common injuries that result in a workers’ compensation claim.  These types of injuries are especially prevalent during the winter months when co-workers drag snow into the building on the bottom of their shoes.
10. Overexertion – Overexertion leads to more on-the-job injuries than any other ailment, mainly because it has a rather broad definition.  Injuries that occur while pulling, pushing, lifting, moving, carrying or throwing are all classified as overexertion injuries.  These types of injuries are common across all industries.

Ben Heimerl comments

Injuries come in all shapes and sizes.  It’s not just the construction workers that get injured.  The nursing field, assembly line workers, and individuals in the transportation industry all suffer workplace injuries.

We see many injuries caused by job stresses such as repetitive activity, heavy lifting, bending, kneeling, stooping, and crouching.  If your injury was cause by your work activities in any way, it probably falls under workers compensation.

Mike Nofzinger’s legal battle began shortly after he attempted his 12^th pushup on his carpeted basement floor.  Nofzinger was preparing for a police fitness test that rewards officers who can complete the test with a lump-sum cash premium and retirement bonus.  One of the tests in the fitness challenge required officers to complete a certain number of pushups.

Nofzinger filed for workers’ compensation after suffering the shoulder injury.  The court initially ruled in Nofzinger’s favor, as they said the pushups where directly related to his employment, which made his participation “involuntary”.  He was awarded $12,500 in workers’ compensation, but the city of Appleton appealed the ruling.  Not only were they concerned about the large payout, but they feared the implications the ruling could have around the state.

“We think it’s a bad decision and it sets a precedent that is very far-reaching,” said Sandy Behnke, who works as Appleton’s human resources director. “If an employee runs to stay in shape and blows out a knee, it’s an open question whether they could file for worker’s comp.”

The city of Appleton decided to hire outside legal counsel to fight the original ruling, which cost the taxpayers an additional $17,477, but the Supreme Court decided not to hear the case.

Appleton Mayor Tim Hanna said the ruling would have state-wide ramifications, and it might lead to the elimination of similar fitness tests because companies don’t want to be exposed to lawsuits.

“It could make it tougher for the city to offer a fitness incentive in our health plan — we may need a stricter definition for outside injuries,” Hanna said. “I’m worried it could be extrapolated to almost any physical exercise injury. Could you file a claim if you were injured skiing? Where does it stop?”

Nofzinger said he was pleased that the case didn’t drag on any longer, and he reiterated that the fitness test not only ensures that officers are in top shape, but it also saves the department money in lowered insurance costs.

“Chief Dave Gorski negotiated this fitness plan in the 1980s,” Nofzinger said. “He recognized the long-term impact with less health insurance cost and greater ability to perform the physical requirements of the job.”

Despite Nofzinger’s feeling towards the fitness test, Behnke hopes to modify the program during the next round of contract talks to lessen the city’s accountability if an accident occurs.

“Appleton officers take fitness very seriously and take care of themselves, so we want to incentivize that,” Behnke said. “I’ve asked the chiefs to look at how we can change the contract to reduce the liability.”

Nofzinger retired in 2011 after serving 29 years on the force.  He said he doesn’t believe that the ruling will result in a spike in similar cases, and he said his case was a victory for organized labor and emergency officials.

Related source:  National Association of Injured and Disabled Workers

1. Fishermen – Deep sea fishermen expose themselves to intense risks every day.  Not only are they exposed to heavy equipment and sharp hooks, but one big wave can send them over the side of the boat.  They also lack the ability to get to a medical facility to treat injuries if they are far out at sea.
2. Logging workers – Logging workers suffer numerous injuries in their line of work as they are constantly moving heavy logs.  The top injury for workers across any industry is overexertion, and overexertion injuries occur when someone lifts, twists or moves in an awkward way.  Loggers often suffer overexertion injuries when moving logs, but they are also subject to limb injuries if they are involved in the cutting process.
3. Flight Engineers and Pilots– Much like the above jobs, flight engineers work with heavy machinery on a daily basis.  Both flight engineers and pilots subject themselves to danger when testing large equipment.  Pilots also run the risk of being in an airplane crash.
4. Farmers and Ranchers – Farmers work with huge machinery year round while tending their crops and animals, and they often try to fix their broken equipment on their own.  Accidents with wheat threshers or combines are not uncommon.  They also are subject to overexertion injuries.
5. Mining Machine Operators – Mining machine operators also work with heavy equipment, but they are exposed to a different set of deadly forces.  Machine operators work with hazardous chemicals, some of which are highly flammable.  Fires or overexposure to toxic chemicals can occur if precautions aren’t taken.
6. Roofers – Roofers put themselves in danger every time they go to work.  Roofers work at high heights and one wrong step can send them tumbling.  They are also exposed to high temperatures during the summer, which can lead to heat stroke and exhaustion.  Neither is ideal, especially when you’re 50+ feet in the air.
7. Garbage Collector – Sanitation workers have a variety of conditions that makes their job unsafe.  They work with heavy compactors that can crush limbs if they get caught in a machine, and constant lifting and twisting can lead to to overexertion injuries.  Oftentimes garbage collectors ride on the side or the back of a moving vehicle, which can be extremely dangerous if they slip or lose their grip.
8. Truck Drivers – Truck drivers often drive long hours in some of the worst weather conditions.  They drive through the night to get materials from one place to another, and this puts them in danger of fatigue.  If they were to fall asleep at the wheel, a deadly accident can occur.
9. Industrial Machine Workers – Industrial machine technicians work with heavy equipment during the installation and repair process.   Oftentimes they are tasked with installing heavy equipment and removing the old, defunct unit.  They also come in contact with electrical equipment, which can cause burns or death.
10. Police Officers – Police officers put themselves in danger nearly every day.  Whether it’s apprehending a suspect with a gun or engaging in a high speed pursuit, there are a wide variety of risks for every officer.

Related source:  Risk Management Monitor

In Minnesota, if a person is injured on the job, their exclusive remedy is the workers compensation system. In other words, you can file a work comp claim, but you cannot bring a civil suit against your employer for any negligence on their part. There may, however, be other people you can bring a claim against, if the negligence of a third party (who is not your employer) contributed to your injuries. For example, if you slipped in a puddle of oil at work walking into the building, and the building is owned and maintained by someone other than your employer, you may be able to bring a claim against the owner of that building for negligence.

You may also be able to bring a claim if it is determined that you are not an employee of the company. For example, if you are an independent contractor. These types of claims do require you to prove that the other party was negligent, which is sometimes difficult. Just because an accident occurred does not necessarily mean that someone was legally negligent. Minnesota workers compensation does not require you to prove negligence.

Too often injured workers are unable to move forward because they are fixated on fault and blame. The reality is that fault is not often discussed in the workers compensation setting. This may not be fair, but it is the reality of the situation and cannot be changed. A successful outcome is more likely to be reached if you can focus on the things within your control.

The NCCI’s original report from 2006 was updated this month to reflect more current information, and the report revealed some interesting trends.

Key findings

• The frequency of motor vehicle fatalities and injuries has continued to decline since 2006.
• Researchers believe the data reveals that traffic-related injuries are reduced during economic recessions, as a similar pattern was observed during the Great Recession.
• Risk varies by vehicle type.  Although frequency of truck fatalities and passenger vehicle fatalities is nearly the same, nonfatal injuries are more common in passenger vehicles.
• Some of the most common factors for a vehicle-related high-severity workers’ compensation injury include speeding, distracted driving, and impairment.
• The rate of traffic-related injuries declined more than nontraffic-injuries during the economic recession.
• Motor vehicle accidents are more likely to be a “multiple-claim event”, and severity is higher for multiple claim events.
• Not surprisingly, motor vehicle accidents result in more severe claims than an average workers’ compensation claim.
• The top diagnosis for traffic accident claims are neck injuries.

The NCCI updated their information to reflect more recent claims, and they also added claims involving multiple claimants.

Related source:  Insurance Journal

Am I Covered?

Workers’ compensation is viewed as a no-fault system, meaning that unless you intentionally cause harm to yourself, you will likely be covered at work or at a work-related event.

The general question for workers’ compensation claims is whether the employee was injured “within the course and scope of employment.”  Factors that may substantiate an employee’s claim include:

• The employer expects or requires the employee to attend the event.
• Employees are paid to participate in the event.
• The incident took place on employer property, or on property for which the employer failed to take necessary safety precautions.
• The employer benefits from the event.

Workers’ compensation claims stemming from a work-related party are often more complicated than claims that are a direct result of on-the-job activities, so it’s important to contact an experienced workers’ compensation attorney if you are injured at a work party.

Steps to Avoid Work Party Injuries

Below are some steps that both employee and employer can take to make holiday work parties safer for all involved.

• Have the party during the day – People are less likely to drink heavily if the party is held during the day or as part of an extended lunch.
• Limit alcohol consumption – Consider handing our drink tokens or limiting yourself to one or two drinks.
• Hold yourself to appropriate workplace conduct at your work party – Although the atmosphere will be more lighthearted and relaxed, remember you’re still at a WORK party.  If you wouldn’t jump up on a table at work, don’t do it at the work party.
• Plan ahead – Whether you plan ahead by arranging a designated driver or by calling a cab, make sure you and other employees get home safely.
• Avoid dangerous activities – This may sound obvious, but avoid dangerous tasks like lighting fireworks or popping champagne bottles in a crowded area.

The incident occurred back in 2008, when Lewis was dancing at Studio 54. A gunfight broke out in the club and Lewis caught some of the stray gunfire, injuring her intestines, kidney, liver, pancreas, and uterus. She was rushed to the hospital and underwent several surgical procedures that left her with one less kidney and severe scarring that will prevent her from dancing again. Doctors say she may not be able to have children either.

Lewis applied for workers’ compensation benefits to help pay off her massive medical bills, but her claim was denied on the grounds that she was an “independent contractor” rather than an “employee.”

Lewis argued that an employment relationship existed because of the following factors:

• The club managers told her where, when, and how to dance – thus they had “control” over her
• Lewis was required to pay a tip-out fee each night
• The club provided facilities (VIP rooms, lockers) and equipment (poles, tip baskets)

But the Court of Appeals ultimately ruled that Lewis was not eligible for work comp because of the following reasons:

• Lewis wasn’t asked to come to work on the night of the incident, and could’ve left at any point
• The club didn’t pay Lewis any wages on the night of the incident – she received only tips

Do you think the court’s decision was fair? Or should Lewis be awarded workers’ compensation benefits for the injuries she sustained?

Related Sources:

wbtv.com

The Court ruled 3-2 that current work comp laws do not cover cops who use deadly force in the line of duty, because that is part of their job description. Officers are trained to use deadly force if necessary and the current law assumes they will be able to handle the mental stress. Only officers who experience “extraordinary and unusual” conditions may be eligible for work comp benefits.

“The use of deadly force is within the normal scope and duties of a Spartanburg County, SC deputy sheriff,” the court said in its ruling.

Workers in other fields are also only eligible for mental stress work comp if they experience “extraordinary and unusual” circumstances. The Court advocated that the state change its law to get rid of this requirement.

What do you think? Should cops who kill suspects be eligible for work comp benefits?

Related Sources:

cbsnews.com

http://www.cbsnews.com/8301-505245_162-57470482/court-no-workers-comp-for-cops-who-kill-suspects/

Q.

What are some common complications in a work comp claim?

A.

Many injured workers who don’t consult a MN workers’ comp attorney are denied benefits simply because they fail to file the correct paperwork. Others are denied because they can’t prove that their injury occurred in the course of employment. Insurance companies are very thorough and often make it difficult for a worker who isn’t familiar with the law to collect their benefits.

Q.

What wage loss benefit options do I have?

A.

Under Minnesota law, there are 4 types of wage loss benefits:

1. TTD – Temporary Total Disability Benefits
2. PTD – Permanent Total Disability Benefits
3. TPD – Temporary Partial Disability Benefits
4. PPD – Permanent Partial Disability Benefits

Q.

What are the benefits of hiring a Work Comp Attorney for your claim?

A.

The Minnesota workers comp process is a legal maze. It is all too easy for an inexperienced worker to make a mistake that could lead to a denial of benefits. A work compensation lawyer can help you navigate the complex laws that govern the MN work comp system, and make sure that your employer and insurance provider are treating you fairly.

Here are 4 of the most common workplace repetitive stress injuries:

1. Carpal Tunnel Syndrome. A painful condition in the hands and arms that stems from a pinched nerve in the carpal tunnel (a passageway in the wrist that protects numerous tendons and a major nerve). Symptoms include pain and numbness in the hand, fingers, or arm. If left untreated, carpal tunnel syndrome can lead to permanent nerve damage in the hand.
2. Tennis Elbow. This RSI is marked by an inflammation or tearing of the tendon near the elbow. Common symptoms of tennis elbow include pain in the elbow and forearm, and a weak grasp. Though it gets its name from being a common tennis injury, tennis elbow is also common in painters, plumbers, cooks, or any job that requires repetitive hand or wrist movement.
3. Tendonitis. Caused by repeated movements that put excess strain on the tendons and results in inflammation. This inflammation can immobilize the tendon and the nearby muscles and bones. Tendonitis is most common in the upper and lower body appendages. The most common symptoms of tendonitis are aches and pains around the affected area.
4. Bursitis. An inflammation of the brusa, fluid-filled sacs located near joints. Brusitis is caused by prolonged or repeated pressure on joints. It causes intense pain in the affected joint and can lead to restricted movement. Brusitis is common in manual labor jobs such as construction.

These and other repetitive stress injuries are often compensable under Minnesota law. If you believe you’ve sustained one of these injuries in the course of your work, contact a work comp attorney and make sure you get the benefits you’re entitled to.

• Keep your employer informed about your condition at all timesKeep receipts for anything you pay for out of your own pocket (i.e. prescriptions). Even better, make copies of your receipts just in case you lose them.
• Make sure that your doctor is in contact with the insurance company and that all the necessary paperwork is being sent to the insurance carrier.
• Document your mileage going to and from doctor appointments

Many Minnesota employers require employees to complete work comp sheets for every type of injury sustained on the job no matter how small. It may seem pointless to document very minor injuries, but minor injuries can lead to more severe injuries down the line. Because of this, it’s important to document any workplace injury right after it occurs.

If you have any questions about your workplace injury or work comp claim, don’t hesitate to contact a work comp lawyer to discuss your case.

1. Carpal Tunnel Syndrome–This is a very common injury in office jobs. Carpal Tunnel results from repetitive hand motion, such as typing on a computer. Years of this activity can lead to pain and numbness, making it difficult to perform everyday tasks. With so many jobs requiring employees to be at their computers for hours every day, this injury is all too real. Make sure you get the compensation you are owed.
2. Broken Bones–Broken bones are most common among construction workers, but can occur in other work environments as well. From simple fractures, to crushing injuries, broken bones can lead to infection or disability if not treated quickly and effectively.
3. Neck Injuries-Neck injuries are painful, long lasting, and can result from nearly any activity. These injuries often necessitate long and costly medical attention and rehabilitation. These medical bills add up quick, making it doubly important that you get the compensation you deserve.
4. Back Injuries–Heavy lifting using your back instead of your legs is an easy way to seriously injure your back. While back injuries are most prevalent in manual labor jobs, they can also happen in office jobs from something as simple as lifting a box of printer paper.
5. Traumatic Brain Injury–Brain injuries can happen in any job, but are most common in construction, where ladders and scaffolding accidents are far too common. Traumatic brain injuries can also result from car accidents. This can be covered under workers’ compensation if the injured person was driving somewhere for work.

In this case, a public servant was injured while having sex in a hotel room on a work trip. The higher court in Australia recently determined that the employee was not precluded from bringing the claim, and that the original judge who denied benefits had decided the case on improper grounds.

The question then becomes, why would someone injured while having sex be entitled to bring a Workers’ Compensation claim for those injuries?

The answer is not necessarily an easy one. Most states, and even jurisdictions outside the United States (such as Australia), have laws that grant certain employees greater situations of coverage under Workers’ Compensation than other types of employees.

This is the case of the traveling employee. Traveling employees are generally afforded more liberal coverage for a greater amount of time and activities. This is because Workers’ Compensation law recognizes compensable injuries as those that arise in the course and scope of employment. Traveling employees are required to be in particular places for extended periods of time and because of such requirements, they are generally “in the scope” of employment for a longer period of time and a greater set of activities.

To return to the Australian example, an important factor seemed to be that the female employee was actually injured while she was having sexual intercourse, rather than because of such activity. She suffered injuries when a light fell and struck her in the face, nose, and teeth. It is unclear how such a claim would come out if it occurred in Minnesota, but the law may be more receptive to such a claim than you might think.

For example in a 2006 case in Minnesota, an employee who contracted a staph infection from sleeping in a dirty hotel room as part of his employment was awarded Workers’ Compensation benefits resulting from his injuries, which included cellulitis and toxic shock syndrome.

In Minnesota, a claim like the one in Australia might turn on whether the traveling employee was provided with lodging as part of the employment, the distance traveled, and whether the employee was required to stay overnight as part of their employment.  Whatever the result would be, a Workers’ Compensation claim like the one from Australia would likely be one of first impression in Minnesota.
Related Sources:

Thestar.com

Thankfully, Minnesotans have legal protections against improper employer actions. In this article, we’ll discuss just a few statutes that protect injured workers in Minnesota.

• The Minnesota Workers’ Compensation Act makes it illegal for an employer to fire, or threaten to fire an employee because said employee is seeking workers’ comp benefits. This protects employees from being fired simply because they are seeking compensation because of a work related injury.

• The Minnesota Human Rights Act is another statute that prevents employers from firing, refusing to hire, or discriminating against (in the form of hiring, compensation, terms, conditions, or privliges) a person based on a disability. This effectively limits the actions an employer can take to an injured employee.

• Federal statutes like the Family and Medical Leave Act and the Americans with Disabilities Act Amendments Act of 2008 also provide protections to those injured in the workplace.

Despite all these legal protections, employers often violate injured workers’ rights. Sometimes these actions are intentional, other times employers simply don’t realize they’re breaking the law. If you think your employer has violated your rights as an injured worker, contact a Minnesota Workers’ Comp lawyer. You don’t have to face this situation alone.

1. Report your work injury immediately. If you suffer a work injury, even if you think it is minor, make sure you protect your statutory rights and report your injury. Generally, employees should report their injury to a supervisor within 14 days of the injury. Don’t be afraid to report your injury. It is against the law for employers to retaliate against workers who seek workers’ compensation benefits. Once you report your work injury, the employer has the responsibility for initiating aworkers’ compensation claim.
2. Seek appropriate medical treatment. Trust yourself and your body. If you feel like you need medical treatment, you should seek medical treatment. Sometimes, being “Minnesota-strong” at the expense of necessary medical consultation or treatment can end up hurting you in the long run, so if you need medical attention, be sure to seek it.
3. Know if your workers’ compensation claim is accepted or denied. There are usually two ways employees are informed whether or not their claim is accepted or denied:
   1. You should receive a Notice of Insurer’s Primary Liability Determination (NOPLD) from your employer’s workers’ compensation insurer. This is a standard form and will have a box checked on it that indicates whether the claim is accepted or denied.
   2. If you seek medical treatment and the workers’ compensation insurer is denying the claim, your medical provider may inform you that the insurer is not paying. This may (though not necessarily) be an indication that the claim is denied.
4. Know when to contact an attorney. It is not always necessary to have an attorney if you suffer a work injury and receive workers’ compensation benefits. Many work injuries are accepted and treatment and other benefits are paid without any problems. However, you should consider contacting an attorney if:
   1. Your claim is denied
   2. You think your claim is denied
   3. You are required/asked to attend an Independent Medical Examination (IME)
   4. You think you are not getting all the benefits to which you are entitled

Hopefully, you never suffer an injury at work. However, please be aware that you have rights as an injured worker, and be sure to protect those rights.

1. Follow proper safety precautions and maintenance of equipment. Making sure that equipment is working properly and that messes are cleaned up quickly and efficiently is an excellent way to cut down on injuries at work.
2. Dress Appropriately. People who work outdoors should dress appropriately for the weather, construction workers need to have adequate protection equipment like steel-toed boots and hard-hats.
3. Maintain a clean work area. The most productive work areas are clean, neat, and organized. Not only will you remove many hazards from a work area by keeping it clean, but you will also create a more productive work environment.
4. Avoid unnecessary hazards. Hazardous situations may occur in seemingly safe places. Untidy hallways can cause injuries and tripping hazards. Ensure that pencils and scissors are stored with the pointed side down to avoid poking and cutting. Instead of grasping documents on the side, grasp at their corners to avoid paper cuts.
5. Always lift properly. Test the weight of the object by pushing it with your feet or hands. By having an idea of how heavy something is, you are able to prepare yourself for the lift. Position your feet so that they are shoulder-width apart, bend at the knees and squat until you are level with the object, then use your leg muscles to lift yourself up. If your job requires you to lift heavy objects, ask for assistance.

No matter how careful you are at work, accidents are bound to occur. If you are injured on the job, an experienced workers’ comp attorney can help you through every step of your case.