Workers’ Compensation

Work Injury Complications? Workers’ Compensation Help.

A serious work-related injury can have a debilitating effect on your life and your livelihood. Workers’ compensation is an insurance policy that employers are required to carry to handle claims from injured workers. In many cases; however, it is very difficult for claimants to get through the claims process successfully, and even when they are successful, the compensation is often woefully insufficient to actually cover the claimant’s actual losses.

Have you been injured at work? We can help you understand the workers’ compensation process and help you seek the benefits you are entitled to. We solve problems.

 

Mankato Work Injury Lawyers | Exceptional Experience

Because of the many complications involved in pursuing workers’ compensation, it is essential to associate with Mankato workers’ compensation attorneys who have experience in this complicated area of law.

Our partner attorney Christopher Rosengren spent eight years defending workers’ compensation claims throughout Minnesota for Wal-Mart Stores, Inc. This experience gives the Rosengren, Kohlmeyer & Hagen Law Office a tremendous strategic edge: We know how big companies handle these cases, and we know how to defeat them. If you are talking to other Minnesota workers’ compensation attorneys, ask them if they have represented the employer? Most will say no.

 

Workers Compensation FAQ’s

What should I do if I get hurt on the job?

Tell your employer as soon as possible provided it is medically feasible to do so.  If you cannot tell your supervisor or boss immediately because you need to seek emergency medical treatment first, then make sure you tell him or her at your next earliest opportunity.  Your employer should then fill out a document which is called a First Report of Injury or “FROI” to file with the state.  It’s very important to file the FROI as soon as possible as it can make it more difficult to receive compensation if you don’t file this document.

 

What kinds of injuries are covered under Minnesota’s Workers’ Compensation laws.

Any “work-related” injury you sustain as a result your employment is covered.  This can include so-called repetitive use injuries like back pain and carpal tunnel syndrome as well as the obvious being cut at work, falling down, getting a hand caught in a machine, even walking to and from your car can be covered under MN Work Comp laws.

 

What kind of benefits am I entitled to under work comp?

You are entitled to receive payment of your medical bills that stem from your injury as well as wage loss benefits that result from missing work (or making less pay) as a result of your injury.  You may also receive compensation for loss of use of any of your body parts as well as rehabilitation benefits to help you get back to work if possible.  This can get very tricky to determine all of the compensation that you are entitled to.

 

What if my employer does not have workers’ compensation insurance?

By law, every employer is required to carry workers’ compensation insurance for its employees.  There are some very specific exceptions, like small family farms, that apply in some cases.  If you have questions, consult with an attorney as soon as possible.

 

Medical Benefits

Do I get to choose my own doctor?

In general, you may choose to treat with any doctor you would like.  There are some instances involving union agreements and managed care plans where the employer/insurer may be able to limit your choice of doctors, but this not based on Minnesota Workers’ Compensation laws.  There are some instances you can even go to your own chiropractor as well.

 

Will work comp insurance pay for any medical procedure I want?

In general, the Minnesota Law requires payment of any medical treatment that is “reasonable and necessary” to cure or relieve the employee from the effects of the work injury.  An example is if you get cut at work, the employer will pay for transportation the emergency room as well as the ER visit and stitches to stop the bleeding.  This would be an example of what is reasonably necessary to help the employee.

 

What is an independent medical examination (IME)?

An independent medical examination (IME) is an evaluation performed by a doctor chosen by the employer or insurer to provide, in most cases, an opinion adverse to your treating doctors.  The short version is that this doctor is going against you. They aren’t your friends, this is not a doctor who wants to make you feel better or treat you.  The Employer has a right to request an IME with a doctor it selects, at reasonable times and places. Under most circumstances, the examination must be within 150 miles of the employee’s residence. The insurer must pay for the exam and must reimburse the employee for reasonable mileage and other costs of attending the examination.

 

Attorney Fees

How do I pay for my attorney?

All work comp attorneys in Minnesota get paid out of the benefits they obtain for the injured employee.  They all get paid under the same contingent formula.  If they obtain an amount of money, they get 25% of the first $1000 and 20% of the next $60,000, with a cap on fees of $13,000.  If they obtain a non-monetary benefit, like a medical procedure that has been denied, then that same 25/20 formula applies to the value of the benefit.

 

What if the value of the benefit in dispute is small?  Will an attorney still agree to take my case?

In cases where the contingent attorney fee is too small to reasonably compensate the attorney for the time and effort he or she expends in obtaining the benefit, the attorney can petition the insurer to pay ad

You’re going to pay the same percentage regardless of who your attorney is so you might as well hire the best!

 

Minnesota Workplace Accident Attorneys | (507) 625-5000 | We Solve Problems

If you have been injured at work in Minnesota, we can look over your case and give you a good idea about how much you are entitled to and what the process will look like for you. Call our office at 507-625-5000 or e-mail us to schedule your initial consultation with an experienced lawyer from Rosengren, Kohlmeyer & Hagen Law Office.