Minneapolis Workers’ Compensation Attorney
Workplace accidents can leave an employees with debilitating injuries, overwhelming medical bills and a long road to recovery. If you or a loved one has been injured on the job, we encourage you to contact a Minneapolis workers’ compensation lawyer to better understand your potential legal options.
At TSR Injury Law, we have decades of legal experience assisting our clients in obtaining the workers’ compensation benefits they need to aid in their recovery. This includes a $1.9 million dollar settlement obtained by partner Chuck Slane for a man who suffered a serious burn injury while installing a loading dock door, where his employer was found to be solely responsible for violating numerous OSHA rules. Chuck is also an active member of the American Board of Trial Advocates (ABOTA).
We offer a free, initial consultation with a workers compensation lawyer and we provide our services on a contingency fee basis, so there are no upfront legal costs to you. We only get paid if we help you obtain benefits for your claim and are available 24/7 over the phone or online.
Am I Covered by Workers’ Compensation?
In Minnesota, employers are required to carry workers’ compensation insurance in the event that an employee is injured on the job. Even if a business has one employee who works part-time, the employer must carry workers’ compensation insurance.
There are minimal exceptions to this rule, such as employees who work in private homes and make less than $1,000 in a three-month period. Other exceptions include some cases where the employee is a family member of the business owner, certain farming employees and certain members of LLCs (limited liability company).
If you have any questions regarding your eligibility to receive workers’ compensation benefits, it may be beneficial to contact a knowledgeable Minneapolis workers’ compensation attorney to find out if your employment status meets the workers’ compensation requirements under the Minnesota Department of Labor and Industry (DLI).
At TSR Injury Law, we can review your claim during a free consultation and determine if your workplace injury or illness is contained in the state’s Workers’ Compensation Act. We will then decide how to move forward and the best course of action to take to pursue the benefits you need to recover from your injury.
Benefits Available For Work Injury Victims
Depending on the severity of your injury and the duration that your injury is expected to last, you may be eligible for the following types of benefits:
These benefits include the reasonable and necessary medical expenses you have suffered as a result of your injury and any ongoing treatment you may need. This may include past, current and future medical bills, the cost of surgery, prescription medication, physical therapy, and assistive medical equipment.
Temporary Total Disability
A temporary total disability is one that prevents you from doing any of your work duties for more than seven days at minimum. Injuries that qualify are expected to heal over time, therefore benefits are generally paid until you make a full recovery. This includes two-thirds of your gross weekly wage at the time of your injury and are typically based on a five-day work week with each day covering 0.2 weeks of compensation.
Temporary Partial Disability
These benefits are payable to employees who return to work after an injury but are earning less than before. For instance, your doctor may suggest that you can only do five hours of work each day rather than your standard schedule of nine working hours. Benefits cover two-thirds of the difference between what you earned before your injury and your current earnings, reflective of the hours lost.
Permanent Total Disability
These benefits are payable to employees who are never expected to recover from their injury and are not able to return to gainful employment. These benefits cover two-thirds of your gross weekly wage at the time of your injury and subject to the same maximum weekly compensation for temporary total disability.
Permanent Partial Disability
If you suffer a permanent loss of function of a body part, you may be eligible to receive these benefits. For example, the amputation of an arm could prevent you from engaging in your daily work duties. Benefits are determined based off the percentage of disability to the body as a whole.
In the unfortunate event that a workplace accident takes the life of a loved one, the surviving dependents of the deceased may be eligible for benefits. This may include four times the deceased’s annual income that are paid out on a monthly basis. This may also cover funeral and burial costs.
Do I Still Have a Claim If I Was Injured Offsite?
If you were hurt while performing work-related tasks but not physically at your job site, you may still be eligible to receive compensation for your injuries. However, you must prove that you were performing work-related duties at the time your injury occurred.
Injuries that may occur in these instances include:
- Traveling for work-related assignments
- Injured on a company parking lot
- Falling from steps on company property
- Involved in a traffic accident while on business
As work injury claims can be difficult to prove, it is important to reach out to a licensed attorney to determine if you are eligible to receive compensation for the injuries you suffered.
At TSR Injury Law, we are available 24 hours a day, seven days a week and your initial consultation is free. Do not hesitate to reach out to us to find out how we may be able to help you.
We are here to help. Call us today at (612) TSR-TIME.
Steps to Take After Suffering a Workplace Injury
After experiencing a work-related injury, you may be wondering what you need to do in order to obtain compensation for that injury. There are certain steps that you can follow that will help your claim, which include:
Getting Medical Care
Seeking medical treatment is imperative to your health. Your doctor may discover that your injury is much more serious than you expected it to be. Your doctor will be able to properly diagnose your condition and determine how it may affect your ability to return to work.
The documentation your doctor provides is also important to your claim as it connects your injury to the accident. This documentation will help the insurance company establish the severity of your injury, so it is vital that you provide your doctor with all the information you know about how you suffered the injury.
Reporting the Injury to Your Employer
It is important that you notify your employer as soon as possible as your employer is responsible for filing a claim with his or her workers’ compensation insurer. You may have up to 30 days to report your work injury to your employer from the date of the accident or discovery of injury. The exact deadline will depend on your situation. Your employer will then provide you with the necessary documents needed to file a claim.
Keeping Track of Important Documentation
It is in your best interest to keep track of all documentation pertaining to your injury to avoid discrepancies. Be sure to get copies of your medical documents from your doctor. If local authorities reported the accident, it is also beneficial to ask them for copies to have their account of how the accident occurred.
Contacting a Licensed Attorney
Having an experienced lawyer walk you through this tedious process is highly beneficial to your overall claim. Chances are that your injury is causing you to suffer a tremendous amount of pain and holding you back from certain activities. Getting bombarded with other tasks like collecting documentation or dealing with back-and-forth communication between your employer and the workers’ compensation insurer can cause you additional stress and may burden your health.
At TSR Injury Law, we dedicate our careers in easing the lives of our clients and ensuring that their health is put first. If you have a valid claim, we will handle the daunting tasks on your behalf by collecting evidence, communicating with involved parties and obtaining and securing important documentation, all while keeping you in the loop of the process. Contact our office today so that we may get started on your claim.
What Happens If My Employer Disputes My Injury?
In some instances, it is possible that your employer may try to dispute your injury and claim that your accident does not fall within the scope of your work.
We recommend contacting our experienced Minneapolis workers’ compensation lawyers right away to review your situation. If we determine that your injury falls under the Workers’ Compensation Act, we can help with the claims process. This may include hiring an accident reconstruction expert to determine the cause and factors involved in your injury and collecting further evidence to support your claim.
Workplace Accidents and Injuries
Depending on the scope of work, occupational accidents can be extremely severe and may leave victims with life-long disabilities. Some types of accidents that may occur in a work environment include:
- Motor vehicle accidents – Workers whose duties include driving, like commercial truck drivers or public transportation operators, are often at risk of getting into an accident on the road.
- Fires/explosions – Workers in construction, petroleum or other fields that involve wiring or machinery can be at risk of experiencing a fire or explosion in the event something goes wrong.
- Machinery accidents – Employees who work with heavy machinery can be at risk if the machine malfunctions. This can create a dangerous situation that injures the operator or others nearby.
- Falling objects – These are accidents that occur by a falling object or debris. This could include getting hit by a metal beam or piece of machinery.
- Slip and fall accidents – Workers who must climb high heights can fall from scaffolding or other platforms. These accidents can also occur from slipping on wet or damaged floors.
These types of accidents can cause a number of different injuries ranging from minor to severe, such as:
- Loss of limbs
- Loss of vision
- Loss of hearing
- Cuts and lacerations
- Broken bones
- Torn ligaments
- Muscle sprains
Workers’ compensation benefits are not limited to injuries caused by accidents. Sometimes the scope of your work may cause you to develop an occupational disease from carrying on certain tasks for a long period of time. These diseases could include:
- Pulmonary disease
- Heart disease
- Heart attack
If you have suffered a work injury or occupational disease and are seeking workers’ compensation benefits, our Minneapolis workers’ compensation attorneys are here to help.
What is Vicarious Liability?
Vicarious liability is a form of secondary liability by which an employer or other superior can be held liable for the actions of another. In vicarious liability, an employer is held liable for injuries that an employee causes if the employee was acting within the scope of their employment.
Secondary liability means that a person is held liable not for their own actions but for the actions of someone else to whom they are related enough to be held liable. Beyond employers, other situations of vicarious liability include parents and children.
In the situation of a parent and child, the parent is held liable for the actions of the child because the parent is supposed to have enough control over the child to prevent the child from injuring others. Also, because the child is a minor, the parent is responsible for all aspects of the child.
The employer/employee relationship can be different. In many cases, the employee does something to cause injury that is not within the scope of his or her employment. If the employee, while acting outside of the scope of their employment, injures someone, the employer is not liable for the injuries. In many vicarious liability cases, whether the employee was following a direction or company policy can be the difference between victory for the plaintiff or defeat.
What is an Independent Medical Exam?
An Independent Medical Exam (IME) is a medical evaluation scheduled and paid for by the no-fault insurance company. The purpose of the exam is for the insurance company to get a second opinion on the validity of your claim.
The doctors that perform the IMEs are medically qualified doctors who have chosen to specialize in insurance-covered evaluations. IME doctors, if called to testify at trial, make great witnesses.
It is vital to choose a law firm that can effectively cross examine the IME doctor. The attorneys at TSR Injury Law have developed an expertise in this area. We have a history of being able to validate our clients' injuries and prove liability in tough cases.
Third Party Liability Claims
If you are hurt at work, you do NOT have the right to sue your employer. Your only recourse is a workers’ compensation claim. However, if the accident was caused by someone not employed by your employer or at a location other than your place of employment; then you could bring a third party liability claim against that person or company. For example:
The wife of a garbage truck driver, who had been killed on the job, hired partner Chuck Slane to investigate the tragic incident to see if there was basis for a third party liability claim. Her husband was found dead in the truck’s trash container and the engine of the truck was still running. He had been employed for years with the company and had a reputation for working safely. The trash company claimed that the driver was negligent to get into the container. The manufacturer claimed that there were no design defects in the truck. After investigation, it was found that the truck had been altered. The part of the truck that holds the trash is called the “container” it had partitions to separate parts of the container. The lid of the container opened as trash was emptied into the truck. A steel plate was welded to the underside of the lid as an extension of the partition.
The extension jammed into the partition as the lid was closed. Decedent attempted to unjam the situation when the lid suddenly came down trapping him. The decedent was the garbage truck driver. Two third party claims were filed. The first claim was filed against the company that had altered the lid without posting warnings about the steel plate. The second claim was filed against the truck manufacturer because the safety switch on the closing mechanism failed. Both claims were settled very favorably for the surviving wife.
Some scenarios that may qualify for a third party liability claim:
- Injured at a construction site where multiple companies are working
- Injured on the job while working on property belonging to someone other than your employer
- Injured at work due to a defective product or piece of equipment
- Vehicle accident while performing your job
- Injured on the job by a worker employed by another company
Possibilities for Liable Parties in Third Party Claims
- Driver of the vehicle involved in the work-related accident
- Owner of the vehicle, if other than employer
- Property owner, if other than employer
- Manufacturer of the product/equipment
- Landlord of property
- Electric company
- Fuel company
- Propane company
- Cable company
Aspects of a Third Party Claim
When you contact an attorney, you will need all of the information about the case. You need to identify and name the people involved, the owner of the property, and / or the manufacturer of the machinery. Statements will have to be taken from everyone. Fault will have to be assessed. You will have to give a thorough account of how you have been injured and specify any additional damages. All of this has to be done in a timely manner, because the statute of limitations on a third party claim is two years.
Contact a Minneapolis Workers’ Compensation Attorney Today
At TSR Injury Law, we have the experience and proven track record needed to tackle these kinds of claims. We understand the financial, physical and emotional hardships our clients endure while recovering from a work-related injury and aim to help protect your interests. If we determine that you have a case and you decide to move forward, we can guide you through the entire process and fight for the benefits you are eligible to receive.
Contact our legal team today to find out how we can help. We offer a free, no obligation consultation to discuss your claim with one of our experienced attorneys and there are no upfront fees if we take on your case.
Call us today at (612) TSR-TIME to get started.