Workers’ Compensation tips from an “Inside Man”

I have a unique perspective regarding helping injured workers.  For the first 8 years of my practice I defended a large multi-national corporation.  While I cannot say the name, I can say it was founded by a guy named Sam.   During that time I learned from the best  how to maneuver a claim and resolve it by paying the least amount of money to the injured worker.  After years of legal wrangling, I finally saw the light and now only represent injured workers in Minnesota.  My paralegal, Karen, similarly spent the previous 12 years as the lead workers compensation …

Hurt At Home: Work Injuries Sustained Working In Someone’s Home

The often informal nature of household employment makes it sound a little strange to apply workers’ compensation laws to the situation; if you’ve been working for a family for cash each week and you are injured while working, your first reaction might not be to turn to the legal system and start filling out forms. But, in some circumstances, you might be able to recover workers’ compensation benefits if you are a Minnesota household/domestic worker and you suffer an on-the-job injury. Under state law, a person employed as a domestic worker, repairer, groundskeeper, or maintenance worker at a private household …

Running on Empty: What to do if your Minnesota Employer Doesn’t Have Workers’ Compensation Insurance?

What to do if your Minnesota Employer Doesn’t Have Workers’ Compensation Insurance? Virtually all Minnesota employers are subject to a legal requirement that they carry workers’ compensation insurance. This requirement is not generally dependent on the size of the employer. It applies regardless of the number of employees a particular employer has. So what happens if, for example, you work for a small, family-run business with only a few employees, and recent discussion about another employer’s situation has led you to believe that your employer does not have any workers’ compensation insurance whatsoever; what should you do? First of all, …

Workers’ Compensation Benefits and Bankruptcy

Workers’ Compensation Benefits and Bankruptcy What happens to your Minnesota workers’ compensation benefits when you file for bankruptcy? Considering filing for bankruptcy but worried that you might lose your workers’ compensation benefits by doing so? Under both federal law and Minnesota law, these benefits are generally exempt from claims by creditors, and Minnesota law in particular has this situation well-covered. State law specifically provides that work comp claims are exempt from seizure or sale for the payment of any debts or liabilities. What that means as far as bankruptcy is that your workers’ compensation benefits can generally be “reclaimed” from …

Disability Values For Injuries To Fingers and Hands Under Minnesota’s Workers’ Compensation Act

Disability Values Under Minnesota’s system of workers’ compensation, permanent partial disability benefits are awarded based on a finding of what percentage of whole body impairment the worker has suffered. This percentage is based, in turn, on a schedule of various injuries which allocates different percentages to different injuries.  This is what is called the Table of Disability Values and includes information on Workers’ Compensation, Disability Benefits, and Permanent Partial Disability. While it might seem slightly cold and calculating to determine the correct amount of benefits based on a mathematical formula for what essentially amounts to “how injured are you?” the …

Minnesota Work Comp Penalty Awards – Are You Getting What You Deserve?

Minnesota Work Comp Penalty Awards – Are You Getting What You Deserve? Having an accident at work is bad enough, what with the injury itself, the medical bills and time off work. The last thing you need are delay tactics, unreasonable negotiations by your employer or an outright failure to pay your work comp claim after your award has been determined. The good news is that there is a silver lining if your employer (or your employer’s insurance company, but for brevity’s sake we’ll stick with “employer” throughout this post) engages in such behavior: you may be able to recover …

My Job Is Done But I’m Still Being Hurt! | MN Work Comp For Post-Termination Injuries

My Job Is Done But I’m Still Being Hurt! | Minnesota Work Comp For Post-Termination Injuries Minnesota has a work comp system set up for people who are injured on the job to receive benefits when they are injured at work. But what happens if your injury has some connection to work but happens after your employment is over? Let’s say, for example, you quit your job one week and return the next week to pick up your paycheck. Can you make a claim for workers’ compensation? The short answer is yes (don’t you love it when a lawyer can …

Workers’ Compensation Benefits Combined With Other Payouts

Workers’ Compensation Benefits Combined With Other Payouts If you were injured at work in Minnesota, you might have already looked into a workers’ compensation claim—good! You might have also looked into making a personal injury claim against someone else—for example, another driver, if you were injured in a road accident while working—who was responsible for your accident. But what happens if both claims are successful? Can you keep both awards of money? First of all, successfully getting workers’ compensation benefits does not prevent you from bringing a lawsuit against a negligent third party. Additionally, your employer (or more likely your …

On-the-Job Injuries: When Is It The Employee’s Fault?

On-the-Job injuries: When Is It The Employee’s Fault? In Minnesota, state law sets out a workers’ compensation scheme that allows injured employees to make a claim for benefits for on the job injuries.  In limited circumstances, though, benefits may not be available because the law will deem that the injury was primarily the employee’s fault.  Here’s a look at what those circumstances are. Self-inflicted injuries: An employee who is injured on the job by a self-inflicted injury is not eligible for compensation.  This might seem obvious at first, but the definition of “self-inflicted” can be a bit of a grey …

Preparing to Mediate Your Minnesota Workers Compensation Claim

Preparing to Mediate Your Minnesota Workers Compensation Claim If you are going to mediate your Minnesota Workers Compensation case there are a few things you can do to increase your chances of receiving a good result. 1. Know your case. It is essential that you do as much as you can to understand your case and it’s strengths and weaknesses. Do not be afraid to ask your Work Comp lawyer to explain to you any part of your case you do not understand fully? Ask him why he is recommending a particular course of action or settlement demand. One of …