
Our attorneys at the Atkinson Gerber Law Office have over 70 years of combined experience representing injured workers in the Twin Cities. This extensive experience has equipped us with deep insights into the complexities of workers’ compensation cases, allowing us to provide tailored and effective legal strategies for each client. We know the legal process in Minnesota and have outlined it below so people with injuries have a good idea of what they can expect.
Our commitment to transparency and education ensures that our clients are well-informed at every step of the process, empowering them to make the best decisions for their cases. If you think you have a case, reach out to our firm at 651-333-3636 for a free consultation.
An employee who has been hurt on the job or developed a disease as a result of their work must make a formal workers’ compensation claim in order to get benefits. The claim is submitted to the employer’s workers’ compensation insurance provider, which then reviews the claim and determines the benefits to be provided.
Understanding the variety of workplace injuries and accidents that are eligible for claims can help employees navigate their rights and the compensation process. To obtain workers’ compensation benefits, your occupational injury or illness must have arisen as a direct result of your job duties.
Injuries sustained in the workplace have three broad categories: specific injuries, cumulative injuries, and consequential injuries. Here’s what to know about them:
These incidents can lead to fractures, lacerations, concussions, or more severe outcomes. Immediate medical attention and documentation are crucial for these types of injuries.
Many claims involve two or more injuries that occurred at the same time or due to the same incident. Our firm has extensive experience in handling complex cases involving multiple injuries, ensuring that all aspects of your condition are addressed in your claim.
Workers’ compensation is a program that has existed in Minnesota since 1913. The idea was simple: Give injured workers an easy way to receive medical care and a portion of their lost wages without having to sue their employers. In exchange for providing benefits, employers would be protected against injury lawsuits brought by their workers. Unfortunately, our workers’ compensation system often favors employers and insurers over the rights of employees. This imbalance makes it crucial for injured workers to have strong legal representation to ensure their rights and interests are protected. Those who get injured at work often find it necessary (or at least very helpful) to seek representation and guidance from an experienced workers’ comp attorney.
The Atkinson Gerber Law Office represents people in the Minneapolis-St. Paul area and statewide in workers’ compensation claims. Our firm was founded with the goal of providing competent legal services for injured and disabled people throughout Minnesota. We are dedicated to leveling the playing field between injured workers and powerful insurance companies, ensuring that our clients receive the fair treatment and compensation they deserve. We believe that every person deserves to be represented by a skilled Minnesota work accident attorney, regardless of the circumstances of their situation.
The first steps for any injured worker should be to seek emergency medical attention, if needed, and to contact our law firm. Our skilled Minnesota workers’ compensation lawyers will then guide you through the rest of the process and work to obtain the maximum compensation available for your injury. Here are the steps you should follow if you’ve been injured at work in Minnesota:
We take pride in offering personalized support and aggressive advocacy to help you navigate the often confusing and stressful claims process. Our firm is led by partners Tom Atkinson, Kerry Atkinson, and Dana Gerber. At Atkinson Gerber, our workers’ comp attorneys have prior experience representing large-scale insurance companies, providing them with the ability to anticipate the actions of insurance companies and other attorneys, and better representation of injured workers in Minnesota. This unique background allows us to craft strategies that counteract the common tactics used by insurers to minimize or deny claims.
Workers’ compensation in Minnesota is designed to cover several types of benefits to ensure that injured employees are supported during their recovery. The benefits available for your injury will depend on the type and nature of the injury. When injured workers come to our firm, we will sit down and explain every single step in the legal process, from filing a claim to the length of time you will receive benefits. The attorneys of Atkinson Gerber will write down all the information that you need, answer your questions and address your concerns. These benefits include:
Pursuing a workers’ compensation claim is essential to ensure that you receive the financial and medical support necessary to recover from your injury. Without filing a claim, you might be responsible for covering all medical expenses out of pocket and could lose wages due to your inability to work. Additionally, a claim helps to document the injury and its impact, which is crucial for receiving fair compensation and protecting your rights.
The purpose of workers’ compensation is to provide financial and medical support to employees who are injured or become ill as a result of their jobs. This system ensures that workers receive necessary care and compensation without having to sue their employers. It also protects employers from costly litigation.
No, you cannot be legally fired for pursuing a workers’ compensation claim. Retaliation for filing a claim is prohibited by law. If you believe you were terminated for filing a claim, you may have legal recourse. Consult with Minnesota work accident lawyer to understand your rights and the steps you can take.
The duration of a workers’ compensation claim in Minnesota can vary based on the complexity of the case and the extent of the injuries. Generally, it can take several weeks to a few months for a straightforward claim to be processed and benefits to be paid out. However, more complex cases involving disputes or significant medical treatment may take longer.
Applying for workers’ compensation involves several steps:
Filling out a workers’ compensation form involves providing detailed information about the injury, how it occurred, and the impact it has on your ability to work. It’s important to include accurate medical information and any supporting documentation from your healthcare provider. Consulting with a Minnesota workers’ comp attorney can help ensure that all necessary details are included and that the form is submitted correctly.
The settlement amount you can expect from a workers’ compensation claim depends on various factors, including the severity of your injury, the extent of medical treatment required, and the impact on your ability to work. Settlements can cover medical expenses, lost wages, and compensation for permanent disabilities. Each case is unique, so consulting with an experienced Minnesota workers’ compensation lawyer can help you understand what you might be entitled to.
In some cases, a workers’ compensation settlement can affect Social Security Disability (SSD) benefits. The Social Security Administration (SSA) may reduce your SSD benefits based on the amount of your workers’ compensation settlement. This is known as the “workers’ compensation offset.” It’s important to discuss this with your Minnesota work injury attorney to understand how a settlement might impact your SSD benefits.
The duration of workers’ compensation benefits in Minnesota depends on the type and severity of the injury. Benefits for temporary total disability usually last until you are able to return to work or until your condition improves as much as possible. Permanent partial disability benefits are paid based on the extent of your permanent impairment. The specific duration and amount of benefits can vary, so it’s important to consult with a knowledgeable Minnesota work injury attorney to understand what you should receive.
If you have been injured at work and the doctor confirms that you have a workplace injury, you are likely entitled to workers’ compensation benefits such as wage loss and medical benefits. Understanding the eligibility criteria for a workers’ compensation claim is crucial. To be eligible, your injury must have occurred while performing job-related duties, and it must be reported within the specified timeframe. Even if the injury seems minor at first, it’s important to document and report it, as some injuries can worsen over time. When you come to our law firm, we will ask detailed questions regarding the following:
At the Atkinson Gerber Law Office, we understand what our clients are facing. We know that dealing with a workplace injury can be stressful and overwhelming. We take time to listen to what you have to say, answer your questions, and will work to make certain that your case gets resolved as quickly as possible. Our goal is to provide compassionate and effective legal support, ensuring you feel heard and supported throughout the process. We will help you complete all the necessary forms, explain the differences in the types of paperwork that you must complete, and explain every step of the process.
Injured employees are entitled to be paid total wage loss (which is paid at two-thirds of the wage at the time of the injury) or partial wage loss (which is paid at two-thirds of the wage differential between your wage at the time of the injury and your current wage). These benefits are designed to provide financial stability while you recover, ensuring you can focus on your health without the added stress of lost income. There are limitations on how long a person is entitled to either total or partial wage loss, depending upon the date of injury.
There are also benefits for permanent partial disability, although the type and manner in which those benefits are paid can vary. Permanent partial disability benefits compensate you for any lasting impairments that affect your ability to perform certain tasks or reduce your overall earning capacity.
If you sustain a work-related injury, you are entitled to medical benefits regardless of whether you have health insurance through your employer or your spouse’s employer. These medical benefits cover all necessary treatments related to your injury, including surgeries, medications, and physical therapy. There are also vocational rehabilitation benefits, including potential retraining.
Vocational rehabilitation aims to help you return to work, either in your previous capacity or in a new role that accommodates any physical limitations resulting from your injury. There are many additional benefits that a person may be entitled to, depending upon the circumstances and the applicable law.
Contact our Minnesota workers’ comp lawyers at Atkinson Gerber Law Office to ensure you get the benefits you are entitled to receive.
After a work-related injury, you are entitled to receive workers’ compensation benefits. What you might not realize is that there are steps you can take to make sure you are receiving the maximum amount of compensation available under the law. We offer the following pointers to help you make the most of your benefits following a workplace injury:
For best results, getting your expenses and losses covered as fully as you can, follow directions and advice from an experienced workers’ compensation lawyer.
If you receive a Notice of Intent to Discontinue Benefits (NOID), it is imperative that you speak with a Minnesota to workers’ compensation attorney right away so that you can –if needed– challenge the ruling. Your workers’ compensation benefits may be discontinued or reduced in certain situations, such as:
In Minnesota, the general rule is that you have 30 days to inform your employer that you were injured, although there may be exceptions that allow up to 180 days. (Most people inform their employers if they were injured immediately or shortly thereafter, and in many circumstances, the employer knows that the person was injured right away.) Promptly reporting your injury is essential to protect your right to benefits and to ensure a timely investigation of your claim.
In Minnesota, you generally have three years to commence a claim for workers’ compensation benefits. Once benefits have been paid (in any form, whether it be wage loss, medical, or otherwise), there are no more statute of limitation problems in Minnesota. In other words, once the insurance company has paid a single benefit, a claim can be commenced at any time thereafter, sometimes years or even decades later. This extended time frame allows injured workers to seek compensation even if their condition worsens or new complications arise long after the initial injury. Our attorneys have decades of combined experience in navigating the complexities of the Minnesota workers’ compensation process.
There are many facts which may impact your statute of limitations so please talk to an attorney about your specific situation.
When it comes to assisting injured workers in finding acceptable jobs again, a Qualified Rehabilitation Consultant (QRC) is essential. In order to develop a rehabilitation plan, the QRC evaluates your abilities, the constraints caused by your injury, and the employment market. This plan can involve vocational training, job placement assistance, or adjustments to your present position to accommodate your injury. Collaborating closely with a QRC guarantees that you will get the assistance required to return to work with success.
You do not want to allow the insurance company to choose your QRC. Please call us right away if the insurance company is trying to choose your QRC.
In most cases, yes. Injured workers in Minnesota are entitled to treatment from the doctor of their choice. This is significant because it gives you the option to choose a medical professional who isn’t connected to your insurance company or employment, guaranteeing an objective and neutral medical assessment. You have the freedom to decline an employer’s recommendation for a doctor and choose your own provider if they put pressure on you to see one.
The expectation to this rule is if your employer has a certified managed care program.
Usually, after an injured worker has been treated by a physician two to three times, that physician is considered to be the employee’s treating physician, and a motion must be filed to change the treating physician. However, you are entitled to a second opinion and/or a change of physician.
Please note that the insurer may request an independent medical examination (IME) to be performed by an adverse physician. The goal of this doctor is not to provide you with treatment. The IME is hired by the insurance company to determine the causation, extent of injury, restrictions, the date you reached maximum medical improvement (MMI), and the extent of your permanent disability. This usually results in extreme ramifications for your benefits.
Contact Atkinson Gerber to ensure you get the doctor of your choice rather than an advocate working on behalf of the insurance company. Our attorneys can help you respond appropriately and preserve your rights if you are asked to submit to an IME.
Although it can be discouraging to have your workers’ compensation claim denied, it doesn’t signal the end of the journey. Understanding your options and next steps is crucial in these situations. Here’s what you should do if your claim is denied:
If you are seriously injured in Minnesota and you cannot return to work, there are several types of disability benefits you may be entitled to receive:
The duration of all of these benefits is affected by the law in effect on your date of injury.
Call 651-333-3636 to arrange a free initial consultation with Atkinson Gerber Law Office. Our workplace accident attorneys in Minnesota will evaluate your unique circumstances, explain these benefits in easy-to-understand terms, protect your rights, and help you obtain maximum compensation.
In some cases, a workplace injury may result in a permanent impairment that affects your ability to work. In Minnesota, Permanent Partial Disability (PPD) ratings are used to quantify the extent of your permanent impairment and determine the compensation you are entitled to. The PPD rating is expressed as a percentage and is based on medical evaluations and the nature of your impairment.
The compensation for PPD is typically a lump sum payment, which varies depending on the severity of the impairment and its impact on your ability to work. It’s important to understand how PPD ratings work and to ensure that your rating accurately reflects your condition.
An experienced workers’ compensation attorney can help you navigate the process of obtaining and disputing PPD ratings to ensure you receive fair compensation.
At the Atkinson Gerber Law Office, we have over 70 years of combined experience representing injured workers in Minnesota. Attorney Tom Atkinson has personally gone through the process of filing a workers’ comp claim after suffering an on-the-job injury. Knowing firsthand the challenges that you are facing allows him to provide the most effective representation for your work injury claim. His personal experience with the workers’ compensation system gives him unique insights into the emotional and physical toll that workplace injuries can take, and he uses this understanding to advocate passionately on behalf of his clients
Our core belief is in empowering workers with knowledge and balancing the scales of justice. We are committed to providing our clients with the information they need to make informed decisions about their workers’ compensation claims. Our attorneys leverage their extensive experience to anticipate the actions of insurance companies and provide the best possible representation for our clients.
If you have been injured at work, it’s important to seek legal advice to ensure you receive the benefits you are entitled to. We are available 24/7 through our after-hours answering service and can schedule consultations at your convenience. If your injury prevents you from visiting our office, we can arrange home, hospital, and off-site consultations by appointment.
Contact our Minnesota workers’ compensation lawyers to schedule a free initial consultation at 651-333-3636.
You are better off hiring an experienced workers’ compensation lawyer for the following reasons:
It can be hectic to navigate through the workers’ compensation system without legal counsel, especially if your employer or the insurance company is contesting your claim.
Workers’ comp injuries often heal with time and therapy, but the workers’ comp process isn’t always smooth. You should get legal representation when situations such as the following arise:
Involving an attorney equips you with the knowledge and support that you need to file a compensation claim and get the benefits you require.
If you are injured in Minnesota, regardless of the state or country you call home, you are entitled to Minnesota workers’ compensation benefits. Likewise, if you were hired by a Minnesota employer and work outside of Minnesota, there is a very good chance you are also eligible for Minnesota workers’ compensation benefits. Finally, traveling employees passing through the state or Minnesota employees traveling outside the state are entitled to Minnesota workers’ compensation benefits.
Even if you dont want to hire an attorney right now, or ever, there is no reason not to talk to one. At Atkinson Gerber Law Office, we do not charge a consultation fee, and we will talk to you to explain the process. We are here to help you through the complex process, call today or schedule a free consultation with one of our attorneys. This is the best way to learn more about the system and make the best choice for you.
There is no fee to hire Atkinson Gerber Law Office to represent you. In Minnesota, attorneys are paid 25% of the first $4,000 of benefits recovered and 20% thereafter, subject to a maximum fee of $55,000 effective 10/1/2024 (although occasionally, there are exceptions to the maximum fee limitations). We do not charge for an initial consultation. The attorney’s fee in Minnesota workers’ compensation depends on the facts of the case and the matter of the dispute and must be approved by a judge. At Atkinson Gerber, our lawyers relate to the challenges facing every client. They will hear you, guide you and fight for a swift workers’ comp resolution.
If your employer does not have a job available within your work restrictions, your benefits should continue even though you are released for light duty. The insurance company may file a Notice of Intent to Discontinue Benefits (NOID); do not ignore this document. Immediately contact attorney Thomas Atkinson who will request an immediate administrative conference on your behalf.
It’s crucial to act quickly to preserve your benefits and address any attempts by the insurance company to reduce or terminate them.