Here’s What You Need To Know About Minnesota Workers’ Compensation
If you’ve never dealt with a workplace injury before, you likely have little idea how the workers’ compensation system operates and what your obligations are. Unfortunately, what you don’t know can hurt you, as insurers are looking for any reason to deny your claim. This is one of the many reasons why it is a good idea to consult with an experienced workers’ compensation attorney like ours at Beedem Law. We are well-known throughout the state of Minnesota for our knowledge and advocacy on behalf of injured workers.
On this page, we’ve shared seven important tips to keep in mind when seeking workers’ compensation benefits. After reading, we invite you to contact us to discuss your claim in a free consultation.
Seven Workers’ Comp Tips To Keep In Mind
The following isn’t everything you need to know, but it is a good start:
1. Minnesota Workers’ Compensation rules require that an employee give notice of a work injury to their employer within 14 days. The rules also allow notice up to 180 days from the date of injury, but allow the employer to claim prejudice. If you fail to give notice within that time your claim may likely be barred.
2. In a Gillette injury case, notice is required when the employee understood, or should have understood that the condition was related to the work activities.
3. Average Weekly Wage: Minnesota statutes clearly set forth the method of calculating the average weekly wage. However, insurers repeatedly miscalculate an employee’s AWW by excluding overtime or claiming variable wages. Always ask how your average weekly wage was calculated since the miscalculation is seldom in the employee’s favor.
4. Benefits Available: Wage loss (TTD), partial wage loss (TPD), permanent partial disability (PPD), permanent total disability (PTD), medical expenses, rehabilitation, mileage, job placement, retraining, out of pocket (OOP) expenses are just a few of the benefits available. Always keep track of your benefits. Far too often benefits are not paid, or only partially paid. Unless you pay attention, they will likely be lost.
5. Medical bills: Under Workers’ Comp law Insurers must pay the reasonable and necessary medical bills related to the work injury. Too often they do not. Before paying any bills, they will first obtain the employee’s medical records: all of them. By the time this is accomplished, the bills can be just days away from collection. Keep in touch with the medical provider and the insurer to push the process along. It’s your credit report.
6. “Independent” Medical Exams (IME): It is no secret that independent medical exams are anything but. If the employee doesn’t feel afraid before the IME, they will when they get the report. Too many employees believe that an IME is merely a second opinion. Unfortunately, it is usually the first step in the denial of future benefits or medical treatment.
7. QRCs/Case Managers: A QRC or case manager can be your best friend or worst nightmare. You have the right to choose your own. Do so. You won’t know one but your workers’ compensation attorney will.
As soon as you are able to do so, we recommend contacting an attorney who can fully explain your options and protect your rights.
Free Consultations And No Fee Unless We Help You Claim Benefits
When you contact Beedem Law, your initial consultation is free and we will take your case on a contingency-fee basis. This means that you don’t owe any legal fees if we don’t help you recover workers’ compensation benefits. To get started, call us in Minneapolis at 612-305-1300, or submit an online contact form.