why you need a work comp attorney in minnesota

by Prof. Dorothea Labadie Published 2 years ago Updated 1 year ago 10 min read

When you call an attorney, the forms will be filled out and filed by deadline, and all of the needed information and evidence will be gathered and submitted. What hiring a Minnesota workers’ comp attorney does is tilt the scales in your favor so you can receive the fair and prompt compensation that you need.

Only a Caring, Experienced Workers' Compensation Attorney Will Protect Your Rights After a Work-Related Injury or Illness. Once you have reported your work injury to your employer, your rights under Minnesota workers' compensation laws kick in immediately.

Full Answer

Why do I need a workers compensation attorney?

When to get a lawyer for a Workers Comp case?

Aug 07, 2018 · If you have recently been hurt at work, you might be under the assumption that you can handle your own workers compensation case. However, in many cases, you are better off if you hire an attorney to. Call Today For A Free Consultation! 612-349-5215. ... Why You Need A Minnesota Work Comp Attorney for Your Case.

Do I need an attorney for a workplace injury without an attorney?

Here are just a few of the reasons why you should consider hiring a Minnesota worker’s compensation attorney after being injured at work. Support During Difficult Times After being involved in a workplace accident, there are many things to consider, and many actions that you will need to take in order to file your worker’s comp claim.

Can I file a workers comp lawsuit outside of my employer?

Jun 17, 2019 · If you have a workplace injury and work in Minnesota, you should figure out if you need a workers’ compensation lawyer. Getting started with an attorney takes worry, stress, and deciphering confusing insurance information off your plate. Figuring Out If You Need a Lawyer Many injured workers need workers’ compensation lawyers but do not realize it.

How long can a workers comp claim stay open in Minnesota?

Medical benefits are available as long as the medical care you receive is reasonable and necessary to cure or alleviate the effects of your work injury. It doesn't matter if one year has passed or ten years have passed. It also doesn't matter if you change employers or move out of the state of Minnesota.May 6, 2020

Can you sue your employer in Minnesota?

Moreover, worker's compensation is an “exclusive remedy” under Minnesota law, which means that an injured employee cannot sue his or her employer for tort (civil) damages.Jan 27, 2015

Does workers comp pay for lost wages MN?

Minnesota Workers Compensation Wage Loss Benefits. If you get hurt at work in Minnesota, and your injury prevents you from working or reduces how much money you can earn, you may be entitled to receive payment for your lost wages.

Why is workers comp so hard to deal with?

They are overworked, underpaid, and the law that governs what they owe you is very restrictive. So, if the adjuster is doing their job and fulfilling their responsibility to their employer, they often have to deny benefits. They control what doctors you see and control the money.

How do I file a complaint against my employer in Minnesota?

Minnesota's Department of Labor and Industry (DLI), Labor Standards Division, handles wage and hour complaints. You can contact Labor Standards at (651) 284-5005 or 1-800-342-5354 and file a complaint. Labor Standards will review your complaint and determine what action needs to be taken.

Can you be fired for no reason in MN?

Minnesota is an employment "at will" state. An employee can quit for any reason; an employer can fire any employee for any reason as long as that reason is not illegal, such as discrimination based on race, creed, color, sex, national origin, ancestry, religion, age, disability, sexual orientation or marital status.

How much does work comp pay in Minnesota?

Under the current rules, the maximum weekly compensation rate payable in Minnesota is $850. The minimum weekly compensation payable is $130 per week or the injured employee's actual weekly wage, whichever is less.

Is work comp taxable in MN?

You are not required to pay income taxes on your work comp benefits, regardless of whether you received them on a weekly basis or as a lump sum settlement. Minnesota workers' compensation benefits are considered to be compensation for a personal injury under the Federal Tax Code and are therefore non-taxable.Apr 3, 2018

How much is workers comp in MN?

The maximum weekly benefit will increase to $1,256.64, effective Oct. 1, 2021. The minimum weekly benefit will be set to $251.33 (20% of the maximum benefit or the employee's actual weekly wage, whichever is less), pursuant to Minnesota Statutes 176.101, subd. 1.

What is the best measure of a work comp lawyer?

The best measures of a Workers Compensation lawyer are experience, expertise, trustworthiness, and transparency. You want an attorney that will treat you with respect and keep you informed about your claim at every step of the way. The best work comp lawyers will employ a strong support team so you always have a point of contact for any questions or concerns.

What to do if your work comp isn't coming?

If your work comp checks aren’t arriving in a timely fashion, or the adjuster is not returning your phone calls, hiring an attorney will take the burden off of you. Our Workers Compensation lawyers will contact the insurance company and tackle the issues directly, allowing you to focus on getting better. We are going to protect your rights, both now and in the future.

What to do if your work comp claim is denied?

If your work comp claim is denied by the insurance company, you should contact us immediately. Our Workers Compensation lawyers can explain the reason for the denial and if it was a good reason or a poor reason. Just because your claim is denied doesn’t mean you cannot still pursue it.

How to increase your workers comp claim?

Take steps that can increase the strength of your workers comp claim. File your workers compensation claim. Appeal your claim if you’ve been denied workers compensation benefits.

What are the concerns of an injured worker?

An injured workers primary concerns are usually, first, how do I replace my lost income, and, second, how do I pay my medical bills? In a perfect world, it would be nice if, when you get hurt on the job and miss work, the employer’s insurance carrier automatically replaced your lost wages and covered all of your medical bills. But, more often than not, this is not the case. Workers compensation insurance companies make money by denying benefits, and so they deny employees’ entitled benefits, a lot.

What are the different types of workers compensation?

If needed, Vocational Rehabilitation benefits include job retraining, job-search services, career counseling and tuition.

How to contact Fields Law Firm?

We’re here to talk to you about your claim. Calls are answered 24 hours a day, seven days a week. Contact us today – just call 1-888-343-5375 for a Free, No-obligation Case Review.

Why do you need an attorney for workers comp?

With that in mind, these are the top reasons for hiring an attorney. 1. Hire a Workers’ Comp Attorney to Evaluate the Claim .

What does a workers compensation attorney do?

An experienced workers’ compensation attorney will work to protect your rights. They are on your side, which means they are focused on what course of action is in your best interest. Employers want to protect themselves, and the insurance company wants to spend as little money as possible.

Why is my workers comp claim denied?

One reason for denial is if you have a pre-existing condition in the area of the injury. A workers’ comp doctor may say all your pain is from the other condition and not from the injury , so the claim is denied. 6. An Attorney Can Negotiate a Settlement Offer.

What happens if a subcontractor is responsible for another subcontractor's injury?

If one subcontractor was responsible for another’s an injury, they might be liable instead of the owner of the job site. 5. A Worker’s Comp Attorney Can Appeal a Denial.

What can an attorney do for you?

An attorney can determine the cost of your injury with current and future medical expenses and help you decide what is a fair and adequate amount for a settlement.

What can a lawyer do for you?

They can offer legal advice to warn you of possible complications that would require their services. At the very least, it will help you feel more informed and better prepared for dealing with the insurance and employer.

Is an attorney necessary for a minor cut?

Here are some scenarios where an attorney is usually not necessary: The workplace injury was minor with no complications, such as a minor cut. You missed no work or were only off a few hours or a day at the most. Your employer acknowledges the incident that happened at work.

What is a workers comp attorney?

A knowledgeable workers' comp attorney is essential in cases involving permanent injuries or illness. You receive or plan to apply for Social Security disability benefits.

What are some examples of situations that call for a lawyer's intervention?

Here are some examples of situations that call for a lawyer's intervention: Your employer denies your claim or doesn't pay your benefits promptly. Employer s and workers' comp insurers routinely reject bona fide workers' comp claims, confident that many workers will fail to appeal. Unfortunately, they're usually correct.

What to do if you can't agree on a settlement?

If you can't agree on a good settlement, an attorney can prepare for and represent you at the hearing or trial. Learn more about what a good workers' comp lawyer should do and what to look for in a workers' comp attorney.

Can you get workers comp if you have a permanent disability?

These cases can be very expensive for insurance companies, and they'll often stop at nothing to avoid paying you what you deserve. A knowledgeable workers' comp attorney is essential in cases involving permanent injuries or illness.

Do you have to have judicial approval for workers comp?

Although workers' comp settlements must have judicial approval, judges will usually sign off on any agreement as long as it's not grossly unfair. If you really want someone to get you the best settlement possible, call an attorney.

Does a workers comp attorney cover lost wages?

Hiring a workers' comp attorney costs nothing up front (more on that later), and it gives you the best chance to receive a fair settlement or award for your injuries. Your employer's settlement offer doesn't cover all your lost wages or medical bills.

Does your employer admit to injury?

Your employer admits that the injury happened at work.

What does an attorney do for you?

A lawyer will file the paperwork on time, build your case, negotiate with the insurance company and draft a settlement, if one is agreed on. If it’s not, you’re headed for a hearing.

How long does it take to file a workers comp claim?

Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.

What to do if your insurance doesn't agree with your rating?

If the insurance company doesn’t agree with the rating, it can require you to get an independent medical exam (IME) by a doctor of its choosing. Chances are that doctor will give you a lower rating than what you (and your sore neck) feel you deserve. A lawyer can help convince a judge you are entitled to a higher rating.

Do attorneys cross-examine witnesses?

An attorney not only will prepare your argument, he or she will prepare you to say the right things in testimony. They also will cross-examine the insurance company’s witnesses. That job should not be left up to amateurs. Unlike civil cases, workers compensation law has a safety net of sort.

Is it bad to handle workers compensation?

Unless you’re an attorney or enjoy reading workers compensation manuals in your spare time, probably not. Handling a case on your own is usually a bad idea, especially since the insurance company will be represented by someone who’s probably handled hundreds of cases.

Can you file a workers comp lawsuit if you are a third party?

If you have a third-party claim – You can go outside the workers comp system and file a workers comp lawsuit if someone other than your employer contributed to your injury. For instance, if a negligent driver hits you while you are driving for work, you can sue that person for damages.

Can a worker's compensation settlement be rejected?

They can reject the settlement if they feel it’s not reasonable and the employee is getting a raw deal.