Work injuries can be devastating for employees and their families as medical bills and other expenses mount while the victim is unable to work. During this difficult time, hiring an experienced Saint Paul workers’ compensation lawyer to represent you can be an important step to ensure that your rights as an injured worker are being protected.
The trusted lawyers at TSR Injury Law have been helping work injury victims in Minnesota recover workers’ compensation benefits for over two decades. Partner Chuck Slane was able to obtain a $1.9 million settlement for a victim who suffered a serious burn injury at work while installing a loading dock door. Chuck is also on the Board of Governors for the Minnesota Association for Justice.
At TSR Injury Law, we offer a free review of your claim and charge no fees unless we recover benefits. Contact us anytime if you have any questions about your workers’ comp claim.
Call our Saint Paul workers’ compensation attorneys at (612) TSR-TIME.
How Do I Know if I May be Eligible for Workers’ Compensation?
Minnesota law requires all employers to carry workers’ compensation insurance to provide benefits if an employee suffers from a workplace injury. Most employees are covered, including part-time workers.
However, certain types of employees are excluded from coverage:
- Employees who earn less than $1,000 in a three-month period
- Those who work remotely
- Farm laborers
- Employees who are family members of the employer
- Business owners (sole proprietors, owners of LLCs)
The workers’ compensation system provides benefits to employees who suffer an injury in a workplace accident or develop an occupational disease (a chronic medical issue that develops over time and not from one specific accident). You may also be eligible for benefits if a preexisting injury was aggravated by your work activities.
There are many factors our attorneys may need to consider when trying to determine if you could be eligible for benefits. It costs you nothing to review your situation with our licensed attorneys.
What if I Was Injured Offsite?
If you were injured at an offsite location while performing a work-related activity, you may still be eligible for workers’ compensation benefits.
For example, you may be eligible if you:
- Slipped and fell in the company parking lot
- Were injured in a motor vehicle accident while running work-related errands
- Sustained an injury while traveling for work-related purposes
There could be many different scenarios where an offsite injury may be covered by the workers’ compensation system. As these can be complex situations, it can be highly beneficial to review the issue with an experienced attorney.
Our St. Paul workers’ compensation attorneys welcome the chance to discuss your situation. The consultation is free.
What Types of Benefits Can I Recover?
The workers’ compensation system provides two main types of benefits: payment of medical bills from the injury and a portion of lost income when you are unable to work, or unable to work in the same capacity as before. Death benefits may also be available if the worker dies as a result of his or her injuries.
Injured workers may be eligible for payment of reasonable and necessary medical bills throughout treatment, such as:
- Doctor’s appointments
- Surgery costs
- Transportation costs to and from appointments
- Treatment from specialists
- Prescription medications
- Assistive medical devices
- Physical therapy
This could also be referred to as disability benefits. Workers may be eligible for payment for a portion of wages lost while they are unable to work.
- Temporary Partial Disability – These benefits are for workers who are temporarily disabled but still able to do some amount of work, often for fewer hours or in a lower-paying position. If they qualify for benefits, they can receive two-thirds of the difference between their average weekly salary before the injury and what they are currently being paid.
- Temporary Total Disability – This form of compensation may be available if you are completely unable to return to work during your recovery. This benefit provides two-thirds of the worker’s average weekly pay until he or she can return to work.
- Permanent Partial Disability – Work injuries could cause a permanent loss of function, such as hearing loss or amputation of a body part. The worker can go back to work but is permanently limited by the disability. The amount of compensation is based on the percentage of disability.
- Permanent Total Disability – If your doctor determines that your injury is permanent and so severe that you cannot return to work, you may be able to receive these benefits for the rest of your life. Victims who qualify for these benefits will usually receive two-thirds of their gross weekly salary.
- Death Benefits – If the victim was fatally injured, surviving dependents may be able to receive four times the victim’s annual income, which is paid out in monthly installments, along with coverage for funeral and burial costs.
If you have questions about workers’ compensation benefits in Minnesota, schedule a free consultation with the Saint Paul worker’s compensation attorneys at TSR Injury Law.
Call (612) TSR-TIME today.
Reporting a Work Injury
It is best to report your injury to your employer as soon as possible – the longer you wait, the easier it may be for your employer to deny your claim. If you develop a disease or chronic medical issue because of work activities and not from one accident, notify your employer as soon as a doctor tells you your injury was caused by your job.
If you notify your employer of your injury within 14 days, your employer cannot deny your claim for late notice. However, if you tell your employer between 15 and 30 days after the injury, your employer can deny your claim if it can prove it was harmed by the delay.
If you wait more than 30 days, it is much easier for your employer to deny your claim. For example, when an employer is notified between 31 and 180 days of the injury, the employer can deny your claim unless the delay in reporting is because of:
- Fraud, misrepresentation or deceit on the part of your employer
- Your own mistake, ignorance of the law or an inability to provide notice
After 180 days, you cannot receive benefits unless you were physically or mentally incapacitated.
What to Do if Your Claim is Denied
If your claim is denied, you have the right to file an appeal with the Minnesota Department of Labor & Industry. The first step is to file an Employee’s Claim Petition. When you file the petition, you must attach a doctor’s report supporting your pursuit of workers’ compensation benefits.
You may be able to resolve the situation in an administrative conference with a mediator, depending on the issues that are in dispute. The mediator’s decision is often binding, but you can appeal by filing a Request for a Formal Hearing. If the case is more complicated, it may proceed right to a hearing after you file the petition.
This is a complex process with many steps, and it can be very helpful to have an experienced attorney helping to build a robust case. The St. Paul workers’ compensation lawyers at TSR Injury Law have represented many injured workers and understand how to build a strong case to try to overturn a denied claim. We can represent you at hearings and bring in witnesses if necessary, including expert witnesses.
If you were injured at work call TSR Injury Law today at (612) TSR-TIME.
Types of Work Accidents and Injuries
Some common workplace accidents include:
- Slip and fall accidents – Workers could slip on wet or damaged floors, trip over a piece of equipment or fall from a ladder or scaffold or any other high platform.
- Machinery accidents – Workers who must use heavy machinery at the workplace are at risk for serious injury. For example, if a machine malfunctions or is not properly maintained, an accident could happen and cause devastating injuries.
- Motor vehicle accidents – Employees who must drive as a part of their job, such as commercial truck drivers or delivery drivers, are frequently at risk of getting into an accident that could cause severe injuries.
- Falling object accidents – Sometimes a random falling object such as a heavy piece of machinery, building material or debris can cause a serious injury at the work site.
These and other types of accidents are known to cause various types of injuries including:
- Muscle sprains and strains
- Torn ligaments
- Traumatic brain injuries
- Cuts and lacerations
- Bone fractures
- Severe burns
- Hearing loss
- Vision loss
- Loss of limbs
A workers’ compensation claim may also be filed over an occupational disease. Examples may include:
- Lung disease
- Lead poisoning
- Various forms of cancer
- Heart disease
- Heart attack
- Neurological disorders
If you or a loved one suffered from one or more of these injuries or illnesses as a result of your work environment, you may be eligible for workers’ compensation benefits.
Filing a Third-Party Claim After a Work Injury
The workers’ compensation system is a trade-off – in exchange for not suing your employer, you may receive compensation for medical bills and lost wages. Workers are generally prohibited from suing their employers.
However, sometimes lawsuits can be filed against third parties that were liable for a work injury. For example, if a truck driver was injured because of a defective part on the truck, the driver may have a claim against the manufacturer of the truck or the part.
TSR Injury Law was able to obtain favorable compensation for the wife of a garbage truck driver who died because of a defective container on the truck. Partner Chuck Slane was able to file two third party claims – one against the company that altered the lid on the container and another against the truck manufacturer because of the defective safety switch on the closing mechanism on the container.
Our Saint Paul workers’ compensation attorneys are prepared to review your situation in detail to determine if you may have a third-party claim. Examples of third-party claims may include:
- Lawsuits against general contractors or subcontractors managing a work site
- Lawsuits against drivers who were negligent and caused you to be injured in a crash
- Lawsuits against product manufacturers when a product defect leads to a work injury
Set Up Your Free Consultation with a St. Paul Workers’ Compensation Attorney
If you have questions about your workers’ compensation claim, or it has already been denied, you should consider contacting a licensed lawyer.
At TSR Injury Law, we have a dedicated team of legal professionals who are prepared to answer any questions you may have about your workplace injury. There is no risk in calling us and you are not obligated to let us represent you. There are no upfront fees and we only receive payment if we obtain benefits for your claim.
In more than 20 years representing Minnesota injury victims, we have recovered $300 million in compensation.
Our office is located in Minneapolis at 7760 France Ave South, Suite 820, which is only an 18-minute drive from the Minneapolis-Saint Paul International Airport.