Posts Categorized: Workers Comp

Does My Employer Get to Choose My Workplace Injury Doctor?

If you have had a workplace injury and your employer sent you to a doctor they chose, it is important that you act quickly to obtain a doctor who is on your side. Your doctor and his or her diagnosis lays the foundation for your workers’ compensation claim. This means that having the right doctor… Read more »

Retaliation For Filing For Workers’ Compensation

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… Read more »

Workers’ Compensation Eligibility: Employee vs. Independent Contractor

One of the first questions you must consider in your workers’ compensation case is whether you are an employee or an independent contractor. In Minnesota, this distinction is very important. One of the most fundamental requirements of workman’s compensation is that the worker is in an employee-employer relationship. Usually, this means that the worker is… Read more »

What is a First Report of Injury (FROI)?

A First Report of Injury (FROI) is the initial accident report you fill out with your employer following a work injury. Your employer should then submit this form to their insurance company and the State of Minnesota Department of Labor and Industry. It is important that this form be filled out to document that the… Read more »

What is an Independent Medical Examination? Do I have to attend?

The first thing you should know is that the doctor performing the exam is paid by the insurance company. This means that the insurance company and the employer are looking for reasons to discontinue your workers’ compensation benefits in whole or part. There is no doctor-patient relationship established, which means nothing is confidential. The sole… Read more »

Temporary Workers in Minnesota at Greater Risk For Injury

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… Read more »

Fall Injuries On The Rise In Minnesota

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… Read more »

10 Bogus Reasons Insurance Companies Might Use To Deny Your Work Comp Claim

Insurance Business of America published a story earlier this month highlighting 10 “red flags” that signal an employee is attempting to scam the workers’ compensation system. The list provides troubling insight into the insurance industry’s treatment of injured workers. Today, Workers’ Compensation attorneys Mike Lammers and Ben Heimerl give their take on the list. Here are the… Read more »

Why Employees Don’t Report Injuries Right Away

Workers’ Compensation is a great system that provides benefits and payments to workers who become injured while on the job. Unfortunately, some workers fail to report their injuries because they don’t want to miss work, they fear there will be repercussions, or for other related reasons. Not only are employees putting themselves at risk for… Read more »

OSHA Committed to Protecting Female Workers

The Occupational Safety and Health Administration has taken another step in their quest to protect women from on-the-job injuries by signing an agreement with the National Association of Women in Construction to develop and implement new training programs designed to reinforce safety at construction sites for female workers. Both OSHA and NAWC want to educate… Read more »

Minnesota Workers’ Compensation Quiz

Think you know a lot about workers’ compensation claims in Minnesota? Or do you want to try your hand at guessing? Test your knowledge with our 10-question quiz! (All data has been taken from the 2012 Minnesota Workers’ Compensation Claims Characteristics pamphlet.) 1)   Which type of work-related injury resulted in the most fatalities in 2012?… Read more »

Poor Sleep Habits Linked to Work-Related Accidents

You’ve probably heard that insufficient sleep has been linked to many physical ailments, such as obesity or diabetes, but did you know poor sleep has been shown to increase your likelihood of suffering an injury at work? According to a new study published on WebMD, researchers pooled data from 27 separate studies that included over… Read more »

Two Similar Cases, Two Different Work Comp Rulings

Workers’ compensation claims can be awarded or denied for some of the most trivial reasons. Although two claims may seem identical, one claim could be compensable while the other claim is denied.  Below, we’ll highlight two such cases. Exhibit A In October 2008, a nursing assistant was attending a mandatory work seminar at which she… Read more »

Minnesota Workers’ Compensation Act Undergoes Revisions

Minnesota legislators made a revision to the state’s Workers’ Compensation Act earlier this month, adding a clause that makes “mental-mental” injuries compensable. The revision specifically changes how claims of post-traumatic stress-disorder are viewed under Minnesota law. PTSD was previously viewed as a disease that arose “out of and in the course of employment peculiar to… Read more »

Work Comp Study Shows Strengths, Weaknesses of System

A new study known as the “Workers’ Perspective on Settlements and Hearings” has shed some light on how claimants view the workers’ compensation process in Minnesota. To narrow their study, researchers focused on individuals who settled their claim outside of the courtroom. Their goal was “to ensure voluntary settlements are in the workers’ best interests.”… Read more »

‘The Price is Right’ Contestant Caught Committing Work Comp Fraud

A North Carolina woman who was collecting workers’ compensation benefits pled guilty to fraud charges on Monday after she was exposed on the popular game show “The Price is Right”. While many will argue that The Price is Right is not a physically demanding game show, each contestant who appears on stage is given a… Read more »

Kansas City Chiefs Win Big Workers’ Compensation Ruling

A federal judge has upheld a 2012 ruling that stated any Kansas City Chiefs football player that wanted to file for workers’ compensation benefits needed to file in the state of Missouri. Workers’ compensation claims from former NFL players has been a hot button topic of late, and the majority of the talks have centered… Read more »

Paid Sick Leave May Lower Workers’ Compensation Claims

A new study published in the American Journal of Public Health found that employees who have the ability to take paid sick leave were 28 percent less likely to be injured on the job than people who can’t take paid sick leave. The study, conducted by researchers at the Centers for Disease Control and Prevention,… Read more »

Appeals Panel Cites Exception in Workers’ Compensation Reversal

A Tennessee Workers’ Compensation Appeals Panel recently ruled that an on-call employee was an exception to the “coming and going rule”, meaning that the employee was eligible to receive workers’ compensation benefits. The case began when Tina Shannon was injured in a motor vehicle accident on her way home from work.  Shannon served as a… Read more »

MMA Fighter Pleads Guilty to Workers’ Compensation Fraud

A Canadian man who fought in mixed martial arts matches while collecting workers’ compensation payments will be forced to pay back the money he received over the next five years. Shaun Pauliuk, 35, pled guilty last week to defrauding the Workers’ Compensation Board of over $20,000. Pauliuk initially filed the workers’ compensation claim in October… Read more »

Are All MN Businesses Required to Have Workers’ Compensation Insurance?

Guest Blog Prior to its 1983 amendment, the Workers Compensation Act generally favored the injured employee.  An injured party’s common-law rights were retained unless the Act clearly modified those rights.  In 1983, the Act was amended to be applied on an “even-handed basis”, which ensured neither party received preferential treatment. This standard remains in effect… Read more »

Employers Get Creative with Workers’ Compensation Settlements

Anyone who has gone through a messy court proceeding knows that they can drag on for far too long.  In an effort to meet client demands and save court costs, some firms are putting a creative twist on the compensation they award to their claimants. Firms are turning to a variety of different forms of… Read more »

Volunteer Not Eligible For Workers’ Compensation

A New Jersey woman who volunteered at a local thrift store recently had her workers’ compensation claim denied because a judge ruled that she was not considered an employee under the scope of the law. Vasiliki Rallatos, who routinely shopped at the local thrift store, said she decided to submit a volunteer application after she… Read more »

Teacher Injured While Playing Baseball with Students Loses Work Comp Suit

A workers’ compensation claim by a Canadian teacher who was injured while playing baseball with students during a lunch break was denied by the court. The Worker’s Compensation Appeal Tribunal rejected the claim of a teacher who injured his wrist while playing baseball with high school students, saying the game did not arise out of… Read more »

Wisconsin Police Officer Injured Doing Pushups Wins Work Comp Claim

A police sergeant in Appleton, Wisconsin won a four-year legal battle that began in 2008 when he tore his rotator cuff while doing pushups in his basement. Mike Nofzinger’s legal battle began shortly after he attempted his 12th pushup on his carpeted basement floor.  Nofzinger was preparing for a police fitness test that rewards officers… Read more »

Worker Who Switched Shifts Has Compensation Claim Overturned

A California man who was originally awarded workers’ compensation benefits for an injury he sustained during his drive to work has since had the ruling overturned by the Court of Appeals of California. Background Robert Decourcey Jr. worked as a corrections officer for the California Department of Corrections.  The inmates he oversaw could not be… Read more »

Can the Independent Medical Exam report make you go back to work?

No, the Independent Medical Exam (IME) report cannot make you go back to work.  The choice to go back to work is entirely your own. That being said, you should exercise caution before making the decision to refuse a job offer. If your refusal is determined to be unreasonable, the workers compensation insurer can cut… Read more »

Wisconsin County Loses “Hot Tub” Appeal

Earlier this month, the Wisconsin Court of Appeals ruled that a state agency acted correctly when it granted a Juneau County workers’ compensation claim in 2010. “We will not now second-guess those determinations on appeal,” the court stated in its ruling. The decision came after the county sought to overturn a ruling resulting from a… Read more »

Can I Sue my Employer After Sustaining a Workplace Injury?

The short answer to the question “can I sue my employer” is no. 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… Read more »

Social Media’s Role in Fighting Workers’ Comp Fraud

In the ever-expanding world of social media, companies and private investigative units are turning to sites like Facebook and Myspace to fight workers’ compensation fraud, but it raises ethical questions about obtaining information. Social media sites are the most popular way for people to share their ideas and activates in the digital realm, and more… Read more »

Traffic Accidents Leading Cause of High-Severity Work Comp Injuries

In their latest report, the National Council on Compensation Insurance (NCCI) found that traffic accidents are the leading cause of high-severity workers’ compensation injuries. 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… Read more »

Does Work Comp Cover Injuries Sustained at a Holiday Work Party?

Many companies host holiday parties for their employees during this time of year.  Whether the party is held at an outdoor skating rink or at an upscale hotel conference room, employees are susceptible to injury.  It is important to understand your workers’ compensation rights if you are injured at a work-related holiday event. Am I… Read more »

NFL May Face Higher Workers’ Compensation Costs

National Football League teams may be forced to pay out higher workers’ compensation claims as the long-term effects of concussion and head trauma are becoming more widely examined. Although playing professional football comes with inherent risks, current and former NFL players may still file individual claims, and with new focus on the debilitating effects of… Read more »

Health Care Workers’ Compensation Claims Expected to Drop in 2013

A new report shows that workers’ compensation claims in the health care industry are expected to decrease but claim severity will rise in increase in 2013. The study conducted by Aon Risk Solutions tracked workers’ compensation claims from over 1,000 health care facilities nationwide.  Aon forecasts that the health care industry will experience an annual… Read more »

Working While Sick Can Cost Employers

According to a report from the Bureau of Labor Statistics, workers’ compensation claims from “employees working at a diminished capacity” because of a flu or cold cost businesses $250 billion each year. The report shows that sick workers usually perform below their normal standards and the likelihood for injury increases when employees try to work… Read more »

Security Cameras Can Reduce Fraudulent Workers’ Comp Claims

Surveillance cameras can help companies prevent fraudulent workers’ compensation claims, but employers must ensure they follow appropriate internal surveillance guidelines. CEC Entertainment Inc., which manages over 500 Chuck E. Cheese restaurants, has seen a reduction in workers’ compensation claims and liability costs since they installed security cameras in all their stores in 2009 and 2010…. Read more »

U.S. Workers’ Compensation Rises 0.4%

Pay and benefits for U.S. workers saw modest growth from July through September, which suggests the unsteady labor market is holding back compensation. The employment-cost index grew 0.4% from the second quarter to the third, the Labor Department said Wednesday.  Although the employment-cost index grew, it fell short of the 0.5% gain expected by economists…. Read more »

High School Guidance Counselor Fired for Photos Taken 17 years ago

A guidance counselor at a New York High School is suing the Department of Education for wrongful termination after she was fired for racy photos taken 17 years ago. Tiffani Webb, the 37-year-old guidance counselor, was fired last December after working 12 years at Murry Bergtraum High School for Business Careers. The reason for her… Read more »

Noodles & Co. Case Offers Reminder of Workers’ Rights

In a recent Minnesota court case, Noodles & Co was accused of intentionally obstructing an employee from seeking workers’ compensation benefits. The case, Nunn v. Noodles & Co. & Zurich American Insurance was a retaliation claim against Noodles & Co. and their workers’ compensation insurer. The employee’s claim for retaliation was initially dismissed, but on appeal… Read more »

Widow denied Work comp for dead husband

Ten years ago, an off-duty New Mexico police officer died after saving a drowning boy from the Rio Grande. A decade later, his widow is still fighting for workers’ compensation. Cheryl Schultz, widow of the heroic officer, has lost two legal battles in the ten years since her husband’s death. On Wednesday she will plead… Read more »

Work Comp Injury

Minnesota Work Injury Compensation Work injuries happen all the time. Although in many instances you may walk away with something as small as a scrape on your leg or a cut on your finger, in other instances the damages may be more severe. Every month, more than 8,000 people are hurt in work-related accidents in… Read more »

Minnesota Work Comp FAQs

What is Worker’s Compensation? Every state has different workers compensation laws. In Minnesota, work comp laws state that an employer must carry worker compensation insurance in order to compensate employees who have become ill or injured on the job. What Type of Benefits are Included in Worker’s Compensation? The main benefits under workers compensation laws… Read more »

Work Comp Tips

Workers Compensation Tips – Minnesota Workers Comp Attorneys If you are have been injured on the job, or are suffering from a disease caused by your workplace conditions, then you are most likely looking into workplace compensation. Workplace compensation will provide you with financial relief for your medical expenses and lost wages when you need… Read more »

Should Cops who Kill in the Line of Duty Receive Work Comp?

The South Carolina Supreme Court recently ruled that police officers who kill suspects in the line of duty are not eligible for workers’ compensation. 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… Read more »

AIG to Pay States $146.6 Million in Work Comp Settlement

A recent settlement requires American International Group (AIG) to pay $146.6 million to all 50 states and the District of Columbia for violating workers’ compensation policy. Pennsylvania officials, led by Pennsylvania Insurance Commissioner, Michael Cosedine, began investigating AIG years ago. They found that AIG violated numerous rules regarding workers’ comp insurance reporting during the years… Read more »

Are You Eligible for Work Comp?

A person who is injured while working may be entitled to benefits under Minnesota workers’ compensation law. Determining eligibility and going about getting the compensation you deserve requires a good grasp of the MN work comp laws, which are very complicated. Here is a basic breakdown. Every Minnesota employer is required by law to have work… Read more »

Truck Driver Denied Work Comp for Ignoring Safety Policy

A case was recently decided in Tennessee, where a truck driver was denied workers’ compensation benefits because he failed to take his required 10 hour break and was injured when he subsequently fell asleep at the wheel. The Tennessee workers’ compensation court agreed that the driver should not received workers’ compensation benefits. The court applied… Read more »

2012 Death on the Job Report

Yesterday the ALF-CIO (America’s largest group of labor unions) released the 2012 Death on the Job Report. The report compiled and analyzed statistics from the last four decades. The results showed an overall decrease in work related deaths, but an alarming number of workers are still being injured and killed on the job. In 2010,… Read more »