Addressing Workers’ Compensation Uncertainty Created By An On-The-Job Injury

Even the most hardworking and talented professionals can find themselves sidelined due to a work-related injury. If you have been injured while performing your job-related duties, you need immediate legal representation to potentially even the odds you may face.

Workers have specific timelines for reporting an injury suffered while performing their duties. While you may feel resistance to report because you fear losing your job, immediate notification is of paramount importance to avoid a potential denial.

Understanding Minnesota Workers’ Compensation Benefits

Workers’ comp benefits in Minnesota can cover a variety of costs and financial losses that workers may experience as a result of their injuries. For instance, workers’ comp may address:

• Medical costs, such as emergency treatment or a hospital stay
• Long-term medical needs, such as rehabilitation or medication
• Lost wages, including the day of the injury and other time spent recovering
• Lost future wages or a reduced earning capacity – such as in the case of an amputation injury that means an employee can’t return to work
• Vocational rehabilitation costs for those who have to change their career or learn new skills to re-enter the workforce
• Disability benefits, either for a short or long-term disability

Some of these benefits do have caps, such as those for temporary total disability (TTD) benefits. Workers can receive a maximum of 102% of the Statewide Average Weekly Wage (SAWW). There is also a minimum cap. This is set exactly at that worker’s weekly wage or at 20% of the SAWW. The payments default to whichever total is smaller.

Therefore, some of the total payouts may be calculated by looking at the direct financial costs, as noted in medical records and hospital billing statements. But workers may also receive wage loss compensation, which is calculated using the SAWW system noted above. Workers’ comp can be complicated, and it helps to work with an experienced legal team to ensure you receive the full compensation you deserve.

Tips For A Successful Workers’ Compensation Claim

The best thing you can do to increase your odds of success is to report the injury immediately. This decreases the odds that your employer will counter by saying that the injury happened at home or something of this nature. You must report the incident within 14 days under state law, but it is best to get this process started on the same day as the injury, if possible.

Next, maintain detailed records. These could just include notes about when the injury happened and what specific injuries you suffered. It also helps to keep track of all related medical costs. Seeking documentation regarding the cost of treatment can help, as can obtaining medical records and other evidence to show exactly what the injuries are, what treatment they require and how they impact your ability to work moving forward. Witness statements can also help back up your claim.

The Workers’ Compensation Claims Process Explained

Here is a detailed overview of how Minnesota’s workers’ compensation claims process works:

• Initial reporting: When an employee is injured on the job or diagnosed with a work-related illness, Minnesota workers must report the injury to their employer within 14 days. Failure to do so within this period may result in a loss of benefits. To help ensure accuracy, employees should provide a detailed account of the incident, including the injury’s date, time and nature.
• Filing the claim: After receiving the report, the employer is responsible for filing a First Report of Injury (FROI) with their workers’ compensation insurance provider within 10 The insurance company then evaluates the claim.
• Claim evaluation: The insurer has up to 14 days to approve or deny the claim after it is filed. If the claim is approved, the employee will receive benefits, which may cover medical expenses, rehabilitation costs and lost wages.
• Settlement: If the injury results in a long-term disability, the case may proceed to settlement negotiations. Settlements can be reached voluntarily or through mediation. If an agreement is made, the insurer will issue the final payment.
• Finalization: Once a settlement is reached, or if the insurer accepts the claim, the process concludes with the finalization of benefits.

Employees should keep detailed records throughout the process to avoid delays or possible rejection.

What To Do If Your Workers’ Comp Claim Is Denied

Claims may be denied due to:

• Lack of evidence linking the injury to the workplace
• Missing filing deadlines
• Discrepancies in the report
• Belief from the insurer that the injury is not severe enough to require compensation

If your claim is denied, you have the right to appeal. The first step is to gather additional evidence that may support your case, such as medical records, witness statements and detailed accounts of the injury.

Then, file a written request for a hearing with the Minnesota Department of Labor and Industry, which oversees the workers’ compensation system. A judge will review the case during the appeal, considering all evidence presented.

Employees have the option to represent themselves, but having a workers’ compensation law attorney can improve the chances of a successful outcome.

If the judge rules in favor of the employee, the insurer must provide the benefits initially sought. If not, further appeals can be made to the Workers’ Compensation Court of Appeals in Minnesota.

Timing Is Everything

At Fuller Wallner, Attorneys at Law, we know that time is of the essence in making your employer aware of the injury you suffered. We possess skills, knowledge and insight into the complex workers’ compensation process, including the process involved in third-party claims. Additionally, we have attorneys licensed for alternative dispute resolution (ADR) methods.

From repetitive stress injuries such as carpal tunnel to catastrophic and potentially career-ending injuries, both physical and psychological, we employ all of our resources to find a path to securing compensation. While we have been successful in administrative processes in both state and federal courts, we have also appeared before courts of appeals and the Minnesota Supreme Court. If your injury is enduring, we can help you seek Social Security Disability benefits.

Our Focus Is On Workers

In our practice of workers’ comp, we focus on workers, not employers. Large corporations possess vast resources. Their goal is to dispute claims or pay as little compensation as possible. In many cases, they will outright try to undermine a claim or deny the validity of workers’ compensation claims. Our job is to remain at your side and pursue the best outcome possible.

Workers’ Compensation Frequently Asked Questions

With more than 50 years of experience, we have seen a lot of workers’ comp questions here at Fuller Wallner, Attorneys at Law. We know that it helps our clients learn as much as possible about the law and their legal options. To help, here are a few of the questions we see most often:

Can I quit my job while on workers’ comp in Minnesota?

You can always quit your job if you’re an at-will employee. But if you do it while receiving workers’ comp, there may be some ramifications that you want to keep in mind. For instance, workers’ comp often pays a portion of your lost wages and medical bills. If you quit the job, those medical bills may still be covered, but you may not receive as much money for wage replacement.

How much does workman’s comp pay in Minnesota?

If you have medical bills and related costs, workers’ comp should cover all of them. As long as you are eligible – you were performing the duties of your job when you were injured – you should not be responsible for your own medical bills. When it comes to lost wages, though, you may simply get a partial payment, such as two-thirds of your standard rate. Minnesota does have a minimum weekly payment of $130 and a maximum of $850.

How is employee compensation determined?

Employee compensation is determined by considering all of the costs that are directly related to the injury. This may start with lost wages, which can be calculated by looking at the employee’s hourly rate and the number of hours they’re going to miss at work. Compensation is also provided for medical bills. This is going to be different in every case, as various treatments and injuries have vastly different costs, and that’s why medical evidence is so important. This documentation helps to link the injury to the accident and the medical bills.

Contact Us

For more information, call our Bemidji office at 218-203-9710. You can also fill out our online form to send us a brief description of your situation, and we will respond quickly.