

Despite the many laws brought in to improve workplace safety across all sorts of industries, no job is ever completely safe. If you have suffered any kind of injury as a result of your work or the conditions in your workplace, you may be eligible for workers’ compensation. At the Atkinson Gerber Law Office in St. Paul, MN, you can find a workers’ compensation lawyer to advise you on your case and fight for you to get the recompense that you are entitled to.
Workers’ compensation is designed as a safety net to provide medical benefits, wage replacement, and other kinds of support to employees in Minnesota who have suffered injuries or illnesses related to their jobs. A number of different kinds of injuries and illnesses are covered.
Minnesota’s workers’ compensation system is governed by the Minnesota Workers’ Compensation Act. This legislation mandates that employers provide compensation for work-related injuries and illnesses, covering all employees except for some specific exclusions, like independent contractors. The system is no-fault, meaning that employer negligence does not need to be proved for a claim to be granted, and employee negligence cannot be used as a defense against paying out.
Traumatic injuries are the most common type of injury covered by workers’ compensation. These injuries typically occur as a result of a specific incident or accident in the workplace. Examples include:
Repetitive stress injuries (RSIs) develop over time due to repetitive motions or prolonged activities. These injuries are common in occupations that involve repetitive tasks or awkward postures and can occur in both highly physical and mostly sedentary jobs. Examples include:
Occupational illnesses are diseases or conditions that result from exposure to harmful substances or environments in the workplace. Some occupational illnesses can be identified because symptoms increase in severity throughout the workweek and then subside during your days off. Examples include:
Mental health conditions can also qualify for workers’ compensation benefits if they are work-related. Many workplaces are very stressful and demanding and can take a toll on your mental health as well as your physical health. These conditions might include:
To qualify for workers’ compensation benefits in Minnesota, an injury or illness must arise out of and in the course of employment. This means there must be a direct link between your employment and the injury or illness. The injury must also occur while you are performing job duties or engaging in activities related to your employment.
For example, if you are injured after slipping and falling in a warehouse because the roof was leaking and an overhead light was out, meaning that you could not see the wet patch on the floor while you carried a box to a shelf, you are likely to be able to make a claim. If, however, you slip and fall whilst scrolling personal social media – an action that is not a part of your job – a claim is much less likely to be successful.
You must notify your employer of the injury or illness as soon as possible. Minnesota law requires that injuries be reported within 14 days to ensure full benefits, but claims can be filed up to 180 days after the injury. It is often easier to do this with traumatic injuries, which tend to have a specific date of occurrence, but you can also do it with gradual-onset injuries.
Obtain medical treatment and be clear that you were injured or have become ill as a result of your work. This will ensure that the healthcare provider documents the work-related nature of the injury or illness. They will also fill in a form which will be sent to your employer and insurer about the nature of your workplace injury or illness.
Repetitive stress injuries and occupational illnesses may develop gradually over time, but you will still need medical evidence to link them to workplace conditions. You should go to see a doctor as soon as you think that something may be adversely affecting your health, whether mental or physical and inform your employer as soon as a doctor has diagnosed you if you have not done so before. It can also help with a future claim to keep a diary or records of your symptoms and how they affect you.
If a pre-existing condition is aggravated or exacerbated by work activities, you may still qualify for benefits. However, you will need to be able to show what your condition was like before and after it was aggravated by work.
Many people are eligible for workers’ compensation, but it can be difficult to know what to do or begin filing a claim just after you’ve been injured. A lawyer who specializes in workplace injury law can do much more than just assess your case and go to court. They can also ensure that your claims are filed promptly, collect and organize evidence to support your claim, support you during the investigation process, negotiate with insurance adjusters and employers to get you a fair settlement and make an appeal if your claim is denied.
Despite the comprehensive coverage provided by Minnesota workers’ compensation, disputes and challenges can arise. Whether you called us in right after your accident or only decided to consult a lawyer after your claim was denied the first time, we can help resolve your issues and get your claim settled successfully.
Employers or insurance carriers may sometimes deny claims. In such cases, they often argue that the injury or illness is either not work-related or does not meet the criteria for compensation. In such cases, we can appeal the denial through the Minnesota Department of Labor and Industry.
Sometimes a claim is accepted by an insurer, but not by a client. You may find that you need to dispute the amount of benefits awarded, particularly if you believe that the wage replacement or medical coverage is inadequate. Together we can put together evidence to show why you need more or different benefits than those you were awarded initially.
You have the right not to be intimidated or discriminated against at work. Although it is illegal for employers to retaliate against workers for filing a workers’ compensation claim, some workers may still suffer from retaliation. If you have suffered after filing a compensation claim, then we can help you to gather the evidence needed to prove a retaliation case.
From traumatic injuries and repetitive stress injuries to occupational illnesses and mental health conditions, a wide range of work-related injuries and illnesses are covered by workers’ compensation benefits. Our experienced attorneys can let you know whether you have a case and guide you through the legal process from start to finish.
At Atkinson Gerber Law Office, our mission is to provide exceptional legal services with a personal touch. We understand that each case is unique, and we tailor our approach to meet the specific needs of each client. Whether you are facing a straightforward workers’ compensation claim or a complex legal battle, our experienced workplace injury attorneys are here to guide you every step of the way.
We can be reached 24/7 and are available to schedule consultations to meet at your convenience. 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.
Call 651-333-3636 to arrange a free initial consultation.