Minnesota Work Comp: Frequently Asked Questions
What is Workers’ Compensation?
Workers’ Compensation is insurance that, by law, an employer is required to carry in case an employee is injured on the job, becomes ill due to circumstances surrounding their job, or dies due to a job-related injury illness. Benefits include medical expenses, lost wages, vocational rehabilitation, and death benefits.
Workers’ Comp exists both as a way to benefit injured workers and as a way to protect employers. Before Workers’ Comp laws existed, serious injury to an employee could bankrupt an employer due to the employee being able to sue their employer. Now employers are required to carry workers’ compensation insurance to prevent this from happening, and to insurer the injured worker gets the benefits they deserve.
Report your injury to your manager as soon as possible after you are injured. If you don’t notify your employer you may lose the ability to claim workers compensation benefits.
Seek medical attention and make sure your therapist or doctor knows you were injured while working. The longer you wait to seek treatment for your injuries the more difficult it becomes to prove that you suffered a workplace injury.
A First Report of Injury should be completed by your employer and you should be given a copy.
Keep good records including copies of any workers comp related documentation, forms, letters, mileage and medical bills.
Keep your employer informed of your treatment, work restrictions and plans to return to work. Failure to keep your job informed will hurt your workers compensation benefits claim and your relationship with your employer.
Consult a lawyer who will work for you and help protect your rights. The workers compensation insurance company will have attorneys working to protect the company’s interests and you should have someone on your side to fight for the benefits you deserve.
What injuries are covered?
Any worker who has sustained an injury at work, on the way to work, on the way home from work, or performing any duties for the benefit of your employer, has a potential Workers’ Compensation claim. In some case even attending a business-related social function is covered. As long as your injury is job-related, it’s covered.
Under Workers’ Compensation law, you will receive help if you are injured no matter whos was at fault.
Some types of Workers’ Compensation injuries are: broken/fractured bones, back problems/pain, knee problems/injuries, grip loss, heart attacks, hypertension, wrist injuries including carpal tunnel syndrome, burns, shoulder pain, neck pain, headaches, etc.
You may be entitled to benefits even if you are still working.
Can an injury happen over time?
Your injury does not need to be caused by a specific accident such as a fall. Many workers receive compensation for repetitive trauma injuries such as back problems that are caused by overuse or misuse over a long period of time in the performance of their normal work activity. You may also be compensated for some illnesses and diseases that are the gradual result of work conditions such as lung disease. Due to the fact that symptoms with these types of injuries reveal themselves over a period of time, the worker might not associate the eventual diagnosis of the injury as being work-related. These types of injuries are very common and can be work related.
There are laws in minnesota that prohibit your employer from discharging or discriminating against you because of your Workers’ Compensation injury. If it is proven that an employer fires or forces you to resign in retaliation for filing a Workers’ Compensation claim, then you could file a civil lawsuit against your employer seeking damages in court.
What type of wage loss benefits are available?
Lost wages benefits in Minnesota fall into four categories:
1. Temporary Total Disability Benefits (TTD)
2. Temporary Partial Disability Benefits (TPD)
3. Permanent Total Disability Benefits (PTD)
4. Permanent Partial Disability Benefits (PPD)
The two most common type of benefit received are temporary total disability benefits and temporary partial disability benefits.
Click on the following link for more information on work comp wage-loss benefits in Minnesota.
The insurer has denied my claim. What do I do?
Contact an attorney. The consultation is free, and there are no up front fees associated with taking on your claim. In fact workers’ compensation claims are taken on a contingent basis, which mean we don’t get paid if you don’t receive benefits. To speak with an attorney in our Maplewood, MN office call 651-777-1811. To meet with an attorney from our Edina, MN office, call: 952-921-5890.
What happens if my medical treatment is cut off?
Your worker’s compensation insurance company has the right to schedule you for an Independent Medical Examination (IME) with a doctor that the company chooses. If this company doctor decides that you do not need any more treatment the insurance company will stop paying for any more medical treatment. If you have been cut off from medical benefits and continue to need treatment we can fight to get your right to treatment reinstated.
Do I need an attorney?
You have the right to be represented by an attorney for your work-related injury. Your attorney will assist you in seeing that your benefits are properly protected. Workers’ Compensation laws are constantly changing and an attorney with an active Workers’ Compensation practice will be able to help you protect your rights. An attorney will work on your case protect, your rights, and help guide your thought the system.
The insurance company is paying, do I need an attorney?
Make no mistake, the insurance company is not on your side. There could be benefits your entitled to that they are not telling you about. There are also steps you could take to protect future rights. Often times an attorney is called after a dispute or problem has arisen. At best this will require an attorney to play catch up, mean while you are not getting paid. At worst you could inadvertently do something or not do something that could permanently effect your benefits.
Workers’ Compensation laws are complicated. Even if your claim has not been denied, an attorney can act as an advisor, and confidant. The best part is that an attorney does not get paid unless there is a dispute. Until that time you receive free legal advice, and have the peace of mind of knowing someone is on your side. The early an attorney gets on your case, the more disagreements they can head-off before they become disputes.