How to File a Workers’ Comp Claim in Minnesota
The Minnesota Workers’ Compensation Act was enacted to ensure that injured workers would be provided with medical care for work-related injuries and illnesses and with financial compensation equal to a percentage of lost wages. In theory, it is supposed to be easy for an injured worker to know how to file a workers’ compensation claim and obtain these benefits. In reality, the system is more complicated than that.
Helping Injured Workers Claim Their Rightful Benefits
At Midwest Disability Work Comp, P.A., our Minneapolis workers’ compensation attorneys have been helping people throughout Minnesota since 1996. We know the law. We work hard to simplify the workers’ compensation claims process. Our goal is to get you every benefit you are entitled to under the law and to do so as fast as possible. Along the way, you can count on us to keep you informed, to explain your rights and options in plain language, and to be accessible and responsive to your needs.
We offer free consultations and work on a contingency fee basis. Call us in Minnesota today at 888-365-1477 for an appointment.
How Long Do I Need To Be Out Of Work To Get Workers’ Compensation?
Some work injuries are severe and require the injured individual to be out of work for extended periods of time. Other injuries may mean a few days or weeks out of work to recover. However, both types of situations can leave the injured worker with hefty medical bills and some form of lost wages. In light of this, you may be wondering, when exactly does an injury sustained at work turn into a workers’ compensation claim?
Severity Of Your Injury
There isn’t necessarily a “time out of work” minimum that determines when an injured worker can and can’t file a workers’ comp claim. For example, an injured worker who is out of work for a week is just as eligible to file a claim as an injured worker who is out of work for six months.
Depending on the severity of the injury, an injured worker may be out of work for an extended period of time. This can lead to months or even years of lost wages and high amounts of medical expenses. Some types of severe injuries sustained at work include:
- Back injuries
- Neck injuries
- Head injuries
- Shoulder and rotator cuff injuries
- Carpal tunnel syndrome
- Asthma
- Heart attack
Remember, not all these injuries show signs immediately. If you believe you were injured on the job, you should report this to your doctor and see a medical provider right away. They can give you a proper medical diagnosis and determine how severe your injuries are.
Different Types Of Compensation
The severity of injury and time out of work may also determine the type of workers’ comp benefit that you may be eligible to receive. In Minnesota, injured workers may be able to claim various types of benefits, including:
- Temporary total disability (TTD)
- Temporary partial disability (TPD)
- Permanent total disability (PTD)
- Permanent partial disability (PPD)
We understand that the workers’ compensation process can be challenging. If you’ve been injured on the job, a seasoned workers’ comp attorney at Midwest Disability Work Comp, P.A., can help you determine which type of workers’ comp benefits you may be eligible to receive and fight hard for your financial recovery.
Contact our Minnesota workers’ compensation attorneys at 888-365-1477 to schedule your free consultation.
Your Guides Through Workers’ Comp
One of the first questions people have when filing a workers’ compensation claim is “what kind of benefits can I expect?” The answers depend on the type of injury you incurred, the terms of the insurance policy, and how long it will take for you to recover. It is important to be very precise when filing a workers’ comp claim to ensure that you will receive every benefit that you are entitled to. No matter where you are in the process, we can help. Whether you have just suffered a work injury and are applying for workers’ compensation benefits or you have already tried to navigate through the system on your own and need assistance appealing a denied claim, our experience can benefit you.
Contact Midwest Disability Work Comp, P.A., today or call us directly at 888-365-1477. Our experienced workers’ comp lawyers in Minnesota service Minneapolis-St Paul, St. Cloud, Coon Rapids, and beyond.
Frequently Asked Workers’ Compensation Questions
Q: What should I do when I am injured at work?
A: First, seek medical attention. Then, report your injury to your employer. Give your employer as much information as possible about your injuries, and where and how you were hurt.
Q: How do I start a workers' compensation claim?
A: First, seek medical attention. Then, report your injury to your employer. Give your employer as much information as possible about your injuries, and where and how you were hurt.
Q: When is an injury covered by workers' compensation?
A: Any injury that was “caused, aggravated or accelerated by employment activities” is covered by workers’ compensation. Traumatic injuries, occupational diseases and gradual injuries all fall under workers’ comp.
Q: What can I recover from a successful workers' compensation claim?
A: You may be entitled to compensation for:
- Wage loss: You may receive temporary total disability (TTD) benefits if you are unable to return to work, or temporary partial disability (TPD) benefits if you earn less after the injury than you earned at the time of the injury.
- Loss of a limb: If you lose permanent use of a body part, you can receive permanent partial disability (PPD) benefits.
- Medical costs: You are entitled to receive the reasonable and necessary treatment to cure or relieve the symptoms of your work injury. This includes general medical treatment (doctor, hospital, etc.) as well as necessary psychological and chiropractic care.
- Vocational rehabilitation: If your injury makes it difficult to return to work and your employer cannot offer you “suitable gainful employment” based on your work restrictions, you can request a rehabilitation consultation and, if eligible, receive vocational rehabilitation services.
- Retraining: You may request retraining benefits anytime before you receive 208 weeks of wage-loss benefits. These benefits cover the education you need to return to “suitable gainful employment.”
Q: Who chooses the physicians?
Q: Can I also sue my employer for my injuries?
A: In most cases, the answer is no. Workers’ compensation protects employers from liability for workplace injuries. Similarly, you will probably not be able to sue your coworkers if they caused your on-the-job injury. You may, however, bring a third-party liability lawsuit against a third party who is at fault for your accident. For example, if you were injured by a negligent driver while traveling on the job, you can still sue the negligent driver for your injuries in addition to bringing a workers’ compensation claim.
Q: What if my workers' compensation claim is denied?
A: If your employer’s workers’ compensation insurer has denied your work comp benefits, you should discuss the denial with the insurance claims adjuster. If the claims adjuster sticks to his or her decision, you can discuss the issue through alternative dispute resolution/mediation with the Minnesota Department of Labor and Industry. Finally, you may appeal the denial. To file an appeal, you must file an Employee’s Claim Petition form.
Q: What if my medical benefits are denied?
A: If your employer’s workers’ compensation insurer has denied liability for your medical costs, you and your workers’ compensation lawyer can request a hearing with an administrative law judge by filing the Employee’s Claim Petition form. If the insurer has already admitted liability, you can file a Medical Request form with the Department of Labor and Industry (DLI) to address an insurer’s late payment or failure to pay.
Q: When should I hire a workers' compensation lawyer?
A: Workers’ compensation is a complex area of law involving frequent legal decisions that can affect someone’s rights to collect benefits after an on-the-job injury. Retaining a lawyer early on in the process can help you navigate the process and increase your chances of receiving benefits. However, if you have already gone through the initial process and are facing a workers’ compensation denial, an attorney can also step in to provide assistance during mediation or at your workers’ comp hearing.