Back Injuries And Workers’ Compenstation

Not all work injuries are the same. It follows, therefore, that not all workers’ compensation cases are the same.  They are all unique and present their own unique challenges and pitfalls for the untrained and unwary. Still, many cases share several of the same attributes and injured workers consistently encounter the same problems.  These are the top three mistakes I see injured workers make time and again that have disastrous consequences for their claim.

1. Waiting Too Long To Seek Treatment

If you are hurt on the job, you must seek medical attention immediately. This probably goes without saying for most “traumatic event” injuries. You sever a limb, fall and hurt yourself…etc, it hurts,  you go to the doctor.  However, for most repetitive use injuries,  there is no traumatic event per se. It may just start to feel “sore.” The date you first seek treatment is, in many cases, determined to be the “date of injury” upon which your benefits are based. For your own well being, as well as for your legal case, consult a physician at the first signs of a problem

2. Waiting Too Long To Consult With An Attorney

For obvious reasons, having an attorney to guide you through the workers’ compensation process and maximize your benefits is essential for most cases.  And the sooner you contact an attorney, the sooner that guidance can begin. In Minnesota, all workers’ compensation lawyers get paid the same by statute: 25% of the 1st $4000 they recover for you and 20% thereafter with a $13000 cap. They do not get paid unless they obtain a recovery for you. Very few exceptions. You might as well get the best lawyer available (the lawyers at are very, very good!).

3.  Getting Too “Chatty” With The Enemy

“We have met the enemy, and he is us.”-Walt Kelly. The only people you should be discussing the intricate details of your injury and treatment with are your doctor, your lawyer and the people who work with them. Once your injury is reported the only additional information your employer needs are your updated medical restrictions. In particular, you should not be having long (usually recorded) conversations with the insurance adjuster handling your claim without your lawyer being present. Remember, the insurance company’s goal is to minimize their payout to you.

In summary, if you are injured, or suspect you might have an injury brought on by or made worse by your employment, see your doctor as soon as possible, talk with a lawyer and put off talking to the insurance company adjuster before completing the first two. You’ll be glad you did.

Chris Rosengren
Rosengren, Kohlmeyer & Hagen Law Office Chtd.
Mankato, Minnesota


Workers' Compensation