Help For Injured Minnesota Workers

While people can sustain injuries while working in virtually any setting and industry, there are some jobs and industries that are much riskier than others when it comes to accidents and the potential for injury. At Atkinson Gerber Law Office, we have helped injured workers in Minnesota across a wide range of industries. We have substantial experience helping injured construction workers, including union workers, injured health care workers, and other employees whose jobs involve a great deal of physical activity, heavy equipment, and safety risks. Our dedication to serving injured workers is rooted in our belief that everyone deserves a safe work environment and fair compensation.

To discuss your workers’ compensation case, reach out to our firm at 651-412-1615 for a free consultation.

Our Firm’s Experience and Core Belief

Our goals at the Atkinson Gerber Law Office are to even the playing field between workers and insurance companies, strive for justice, and provide workers with knowledge. We firmly believe that well-informed clients are more capable of making wise choices.

Our dedication to advocacy and education makes sure that our clients are active partners in their legal journey rather than only passive recipients of information. Our attorneys have over 50 years of combined experience, giving them the knowledge and skills necessary to handle even the most difficult workers’ compensation cases.

Our Twin Cities Lawyers Fight for Injured Workers

We work to provide protection of your rights and workers’ compensation assistance after any workplace injury, including:

• Construction worker injuries
• Health care worker injuries, including nursing injuries
• Office worker injuries
• Police officer injuries
• Firefighter injuries
• EMT injuries
• Injuries to state workers
• Warehouse worker injuries
• Truck Driver injuries
• Injuries to retail workers
• Corrections officer injuries

Our workers comp firm has extensive experience handling claims across these diverse fields, and we understand the unique challenges faced by workers in every industry. Whether you are a construction worker dealing with a fall from great heights, a healthcare worker suffering from repetitive strain injuries, or a police officer injured in the line of duty, we are equipped to advocate for your specific needs.

No matter what profession you work in, we can help you seek the benefits you are entitled to.

What Are Your Rights As An Injured Minnesota Worker?

If you were hurt on the job in Minnesota, your workers’ compensation rights include:

• Coverage of your medical bills and treatment related to the injury/illness
• Reimbursement for certain costs related to your injury
• Payment of a certain portion of your lost wages due to time spent unable to work
• Assistance with training and job searches if you are unable to return to work due to your injuries
• Fair treatment from your employer

These rights are designed to ensure that injured workers are not left to bear the financial burden of a workplace injury alone. By securing workers’ compensation benefits, you can focus on your recovery without the added stress of medical bills and lost wages. The specific benefits you are entitled to will depend on the nature and severity of your injuries.

To fully understand and exercise your rights, it is a good idea to work with an experienced attorney like those at our firm.

Am I Eligible for a Workers’ Comp Claim?

Eligibility for a workers’ compensation claim generally requires that the injury occurred during the course and scope of employment. This means that the injury must be directly related to your job duties. Even if you are partially at fault for your injury, you are still eligible for benefits as long as the injury was not intentionally self-inflicted.

Are Independent Contractors Covered Under Workers’ Compensation?

In Minnesota, independent contractors are typically not covered under workers’ compensation. However, the classification of an independent contractor versus an employee can be complex. If you are classified as an independent contractor, but your work situation resembles that of an employee, you might be eligible for workers’ compensation benefits. It’s important to consult with a knowledgeable attorney in Minnesota to clarify your status and explore your options.

Here are some things that affect an independent contractor’s coverage:

• Control Over Work: The extent to which the employer has control over the employee is one of the primary evaluation factors. The worker may be considered an employee rather than an independent contractor if the employer sets the terms for the worker, including where, when, and how the work is completed.
• Nature of the Work Relationship: The nature and duration of the work relationship can also play a role. Long-term relationships and those that involve work that is integral to the employer’s business may indicate an employment relationship.
• Accessibility of Tools and Equipment: If the employer supplies the instruments, machinery, and materials required for the work, this may indicate that the relationship is one of an employee as opposed to an independent contractor.
• Economic Dependency: An individual may be classified as an employee if they rely on their employer for their financial well-being.
• Written Contracts: Although it can have an impact, a written contract indicating that an employee is an independent contractor is not conclusive. What matters most are the relationship and the real working environment.

Are Subcontractors Covered Under Workers’ Compensation?

Subcontractors, like independent contractors, are usually not covered under workers’ compensation unless they are considered employees under certain conditions. General contractors are often required to ensure that subcontractors have their own workers’ compensation insurance. If you are a subcontractor injured on the job, it’s crucial to determine the exact nature of your employment relationship to understand your eligibility for benefits.

Here are some considerations regarding workers’ compensation coverage for subcontractors:

1. Primary Contractor’s Insurance: Often, the primary contractor’s workers’ compensation insurance policy may extend to cover subcontractors. This is particularly common in industries like construction.
2. State Laws: Some states have specific regulations requiring primary contractors to provide workers’ compensation coverage for subcontractors. In these states, failing to cover subcontractors can result in significant penalties for the primary contractor.
3. Nature of the Work: Similar to independent contractors, if the work performed by the subcontractor is integral to the business and the subcontractor is under significant control by the primary contractor, they may be considered employees.
4. Written Agreements: Subcontractors should have written agreements that clarify their status and outline who is responsible for providing workers’ compensation insurance.
5. Self-Coverage: Subcontractors may also purchase their own workers’ compensation insurance policies. This is often advisable to ensure they are covered in case of injury.

How Does a Workers’ Compensation Claim Change When You Are in a Union?

Union workers often have additional protections and resources when it comes to workers’ compensation claims. Union contracts may include specific provisions for workplace injuries, and union representatives can assist in navigating the claims process.

Additionally, unionized workplaces may have joint labor-management safety committees that help ensure compliance with safety regulations and provide support for injured workers. If you are a union worker, collaborating with both your union representative and a skilled lawyer in Minnesota can optimize your chances of a successful claim.

Can You Be Fired For Seeking Workers’ Compensation Benefits?

Thankfully, the answer is no. According to the Minnesota Workers’ Compensation Act (WCA), it is illegal for your employer to fire you or threaten to fire you for exercising your right to pursue workers’ comp benefits following an a

The company can face civil liability for violating this law.

That being said, some employers try to fire workers after a workplace accident and will state a nondiscriminatory reason for the termination (even if it is a lie). Retaliatory actions can include demotion, reduction in hours, or unfavorable job assignments. While hiring an attorney won’t necessarily prevent this, it will likely make your employer think twice about taking adverse employment action against you. If they do so anyway, your attorney can help take appropriate legal actions in response.

Having legal representation ensures that any form of retaliation is promptly addressed, protecting your employment rights.

What Types of Injuries Are Common in the Workplace?

Depending on the business and particular job duties, there can be a wide range of workplace injuries. Typical injuries consist of:

• Repetitive strain injuries (RSIs): These injuries can result in disorders like carpal tunnel syndrome, as they are caused by repetitive activities like typing or working on an assembly line.
• Back injuries: These injuries are frequently brought on by falls, awkward posture, or hard lifting.
• Head injuries: Caused by collisions with objects, falls, and machinery-related mishaps.
• Burns: Frequently occur in occupations involving heat, chemicals, or electricity.
• Fractures: Resulting from heavy equipment accidents or from trips, falls, and slips.

Each type of injury requires specific medical attention and documentation to support a workers’ compensation claim.

What Should You Do If You Have Been Injured at Work?

In order to file a workers’ compensation claim, you must take several important steps. Understanding and following these steps can significantly impact the success of your claim:

• File an Injury Report: Report the injury to your employer as soon as you can. Timely reporting is essential for recording the occurrence and initiating the claims procedure.
• Seek Medical Assistance: Get medical attention right away and let the doctor know if the injury is related to your job. For your claim, accurate medical documents are necessary.
• Subsequent Action: Maintain thorough records of all conversations, prescription drugs, and other costs associated with your injury. Keeping in regular contact with your lawyer will assist you in resolving any concerns that may come up.

The Importance of Timely Reporting and Accurate Documentation

Timeliness in reporting your injury and the quality of your documentation are important factors in obtaining workers’ compensation payments. It’s critical to notify your employer as soon as possible after an injury. Postponing reporting can make the procedure more difficult and raise questions about the veracity of your claim.

Make sure you adhere to the protocols established by your organization for reporting injuries sustained on the job. Usually, these involve informing your supervisor and filing an incident report.

Accurate documentation is equally crucial. This includes detailed medical records that link your injury directly to your job. Medical documentation should encompass not only initial treatment but also follow-up appointments, prescribed treatments, and any referrals to specialists.

Maintaining a personal journal of your symptoms, pain levels, and any difficulties you face due to your injury can also support your claim. Detailed documentation can make a significant difference in the outcome of your case, providing clear evidence that reinforces your claim for benefits.

Can Pre-Existing Conditions Affect My Workers’ Compensation Claim?

Although they can make workers’ compensation claims more difficult, pre-existing ailments do not automatically make you ineligible for benefits. Should an injury sustained at work exacerbate an underlying medical condition, you can still qualify for benefits. It is essential to present thorough medical documentation demonstrating the impact of the work-related injuries on your pre-existing condition. A skilled Minnesota work injury attorney can assist in obtaining and skillfully presenting this evidence.

How Does Workers’ Compensation Interact With Other Benefits?

Benefits from short-term disability insurance or Social Security Disability Insurance (SSDI) may intersect with benefits from workers’ compensation. The amount you get from these other programs may be impacted if you obtain workers’ compensation. To be sure you are optimizing your total benefits and not unintentionally lowering your entitlements, it is crucial to comprehend these interactions. Speak with an experienced lawyer to get help navigating these complexities.

Vocational Rehabilitation and Return to Work Programs

Returning to work after a workplace injury can be challenging, especially if the injury results in permanent restrictions or disabilities. Vocational rehabilitation programs are designed to help injured workers transition back into the workforce. These programs provide services such as job training, resume assistance, job search support, and sometimes even education for a new career path.

In these programs, Qualified Rehabilitation Consultants (QRCs) are absolutely essential. A QRC creates a customized rehabilitation plan by evaluating your abilities, constraints, and the employment market. This plan can involve training for a new position, suggesting changes to your existing career, or locating appropriate job placements that meet your constraints. Working together with a QRC guarantees that you will get the assistance you need to properly reintegrate back into the workforce.

What Happens If My Workers’ Compensation Claim Is Denied?

In the event that your workers’ compensation claim is rejected, you are entitled to file an appeal. An explanation of the denial’s reasoning and the appeal process should be included in the denial letter. Missed deadlines, disagreements on the source of the injury, and inadequate medical proof are frequently cited as justifications for denials.

To fight the denial and pursue the benefits you are entitled to, a knowledgeable lawyer can assist you in gathering further proof, submitting the required documentation, and representing you in hearings.

Navigating the Appeals Process

If your workers’ compensation claim is denied, don’t despair. The appeals process is designed to give you another chance to present your case. After receiving a denial, the first step is to understand the reason behind it. Common reasons for denial include missed deadlines, disputes over whether the injury is work-related, or insufficient medical evidence.

Once you have identified the reason for denial, gathering additional evidence is crucial. This might involve obtaining more comprehensive medical reports, witness statements, or even an independent medical examination. Filing an appeal typically involves submitting a formal request for a hearing before a workers’ compensation judge. During the hearing, both you and your employer will present evidence and argue your cases.

Having an experienced workers’ compensation attorney by your side during the appeals process can greatly improve your chances of success. Your attorney can help you gather necessary evidence, prepare your case, and represent you at the hearing, ensuring that your rights are protected.

Learn About Your Rights And Options During A Free Initial Consultation

Our attorneys are dedicated to providing help for injured Minnesota workers. We can be reached 24/7 with our after-hours answering service and are available to schedule consultations to meet at your convenience.

We understand that injuries can create barriers to mobility, which is why we offer flexible consultation options, including virtual meetings. Our goal is to ensure that every injured worker in Minnesota has access to the legal support they need, regardless of their location or circumstances.

Don’t wait to get the help you deserve – contact us today to learn more about how we can assist you with your workers’ compensation claim.

If your injury prevents you from visiting our staff in the office, we are happy to make home, hospital, and off-site consultations by appointment. We represent clients in the Minneapolis-St. Paul area and statewide.

To schedule a free initial consultation, call 651-333-3636 or contact us online.