When should I contact a workers’ compensation attorney?
- If your claim is denied, or if certain parts of your claim are denied.
- If you have a question about any of your benefits under Minnesota law.
- If your employer did not carry Worker’s Compensation insurance.
- If you are receiving benefits but would like to get a settlement to close out your workers’ compensation case.
Workers’ Compensation Benefits
If you are an employee injured on the job in Minnesota, you are entitled to the following benefits:Wage loss
If you are missing work because of your injury, you are entitled to 2/3rds (66.66%) of your lost wages. Your wage loss is determined by looking at the average weekly income you received during the 26 weeks before the injury. For example, if an injured worker made an average of $900.00 per week before the injury, he or she would be entitled to $600.00 in wage replacement during the period of time they were unable to work. This amount is not taxable, therefore no taxes will be taken out of the work comp wage replacement check. - If you regularly receive overtime during the course of the year, the overtime should be included in determining your average wages.
- If you were working 2 jobs at the time of the injury, your income from both jobs should be included to determine your average wage.
Minnesota law limits the amount of time you are eligible for wage loss. Temporary Total Disability (TTD) is payable when your injury prevents you from doing any work. TTD is limited to 104 weeks. TTD will not be paid 90 days after you are served with Maximum Medical Improvement (MMI). Temporary Partial Disability (TPD) is payable when you working at a reduced wage because of your injury. This could be due to reduced hours or a chang of jobs due to your injury. TPD is payable for 225 weeks. These time limits do not apply to persons who are permanently and totally disabled (PTD). If your injury permanently prevents your from doing any work, you are eligible to apply for Permanent Total Disability (PTD). PTD payments last through the age of retirement.
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If you are not receiving wage loss benefits, or if you think you may be have been underpaid, please contact our office for a free consultation.
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Medical Expenses
Medical, bills and prescription charges are to be paid by your workers’ compensation insurance company. If the insurance company has denied payment for your medical bills, you should contact us. Under Minnesota law, if an attorney is needed to get your bills paid, the insurance company must pay the attorney’s fees.Mileage to and from the Doctor
You are entitled to be reimbursed for your mileage travelling to the hospital, clinic or physical therapy. We will be happy to provide you with forms to help you keep track of your mileage.Rehabilitation-Job search and retraining
If you are forced to quit or are fired from your job because of your injury, you are entitled to assistance finding work by the help of a Qualified Rehabilitation Consultant and Job Placement Vendor. If it unlikely that you will find a job at or near pre-injury wage, you may be entitled to be retrained in another occupation. If so, the insurance company is required to pay for your tuition, books, mileage to and from school, and wage loss while you attend school. If we are successful in helping you get retraining, the attorney’s fees are paid by the insurance company.Permanent Partial Disability Payments
If you have a permanent injury, you may be entitled to additional compensation. If your Doctor determines you are have a ratable injury, he will give you a Permanent Partial Disability Rating (PPD) rating. You are then entitled to additional compensation. Your level of PPD compensation is based upon the rating given by your Doctor. Do I have to pay for the attorney?
If you are currently receiving workers compensation benefits, we will monitor your case free of charge. Under Minnesota law, if an attorney is needed to help you get medical or vocational rehabilitation benefits paid, the attorney fees will be paid by the insurance company. If we are successful in obtaining other benefits that you were not able to get on your own, we charge a percentage of the amount we recover. We charge 25% of the first $4,000.00 recovered, and 20% of any amount over $4,000.00. If we are unable to get a recovery for you, we will not charge you.Workers’ compensation benefits were designed to replace tort liability. The workers’ compensation was developed as a trade-off. If your injury is your own fault, you are still entitled to receive compensation. Workers’ compensation applies to all types of injuries at work, from carpal tunnel syndrome that developed over time to slips and falls to auto accidents to back injuries from heavy lifting. However, unlike non-workers’ compensation injuries, you are not entitled to additional compensation, such as a pain and suffering award, unless it can be proven that someone other than your employer was at fault to cause your injury. If a third party caused or contributed to your injury, you may bring a claim against that party for compensation for your pain and suffering.If you were hurt at work you should report your injury to your employer right away. If, like carpal tunnel syndrome, your injury developed over time, you must report your injury shortly after you notice your injury and realize it is work-related. Once an employer knows an employee was hurt at work, they are required to file a report of that injury with the State of Minnesota. An employer cannot take action against an employee for reporting a work-related injury. The employer and the insurance company then determine if the injury was related to employment, and therefore if they are liable for paying the employee certain benefits. As an individual hurt at work you have the right to have an attorney represent you in your claim against your employer’s insurance company. The attorneys at Robert Wilson and Associates have extensive experience working with these confusing and often overwhelming claims. We work hard to ensure that our clients know their rights and receive the maximum available compensation for their injuries. If you recently suffered an injury at work or have a current workers’ compensation claim and would like to speak to someone about your rights, please do not hesitate to contact one of our knowledgeable attorneys for a free consultation.Minneapolis and suburbs (612) 334-3444 St. Paul and Suburbs (651) 793-8888
Workers' Compensation
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