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The workers’ compensation board may issue penalties to the employer for failure to report the injury to the Department of Labor and Industry, deny benefits or failure to pay benefits without legally acceptable reasons, failure to pay settlement monies within 14 days of the Judges Award on Stipulation, failure to provide workers compensation insurance forRead More ...

Should I report a work injury? Generally, if you tell your employer within 14 days after the injury, you have provided timely notice. If you tell your employer between 15 and 30 days after your injury, your employer may deny your claim due to late notice. If you tell your employer between 31 and 180Read More ...

Minnesota Rules Chapter 5224 define particular occupations listed as independent contractors. If your occupation is not listed, the rules also define criteria that must be met in order to be considered as an independent contractor. Under the workers’ compensation law, a general contractor is liable to the injured employee of the subcontractor if the subcontractorRead More ...

A Gillette Injury normally occurs when an employee is disabled due to repetitive trauma over a period of time. There is not the requirement for an isolated incident to occur or you to be disabled. There is also the question of what date of disability due I tell the employer. These questions can be answeredRead More ...

Employers are required to have workers’ compensation insurance for employees. If an employee has an injury and the employer has no insurance coverage, there are remedies available. An employee may request the Special Compensation Fund to provide benefits. In order to determine if you qualify for such assistance, please call our office. Every Case isRead More ...

A Minnesota resident who is injured outside the state is only covered under the Minnesota Workers’ Compensation Act if certain requirements are met. If an employee who regularly performs the primary duties of employment within Minnesota but has an injury with the same employer out of state, he or she may be covered under MinnesotaRead More ...

A settlement usually refers to a written agreement between the employee and the employer and insurer. It normally asks the employee to give up future payments of wage loss, permanency, vocational assistance for “up front monies” in the form of a lump sum. This settlement agreement does not become effective or binding on the partiesRead More ...

The law governing the payment of attorney fees in workers’ compensation disputes has changed over time. • For injuries occurring on or after Oct. 1, 2013, the fee is 20 percent of the first $130,000 of compensation to a cumulative maximum of $26,000 for the same injury. The compensation judge may award excess fees. •Read More ...

A compensation judge will hear testimony by each party and receive exhibits. The compensation judge will then issue a decision. The insurer will have an attorney with a high level of expertise in these proceeding. You need the same level of representation. From the Hearing Division, cases may be appealed to the Workers’ Compensation CourtRead More ...

The purpose of an Administrative Conference is to provide an expedited decision in disputes over discontinuance of temporary total, temporary partial, or permanent total compensation and disputes over eligibility for medical or vocational benefits. It is essential that you are prepared to present your case effectively, so that you do not lose your benefits orRead More ...

There is no fee to obtain an attorney. You won’t incur any hourly fees for our legal services. Our fees are based on a contingency of what we recover for you. The insurer is required to pay attorney fees for disputes regarding medical or rehabilitation issues. Contact attorneys Denise Lemmon or Conrad Tanasychuk for aRead More ...

YES. Employers and Insurers encourage injured workers not to hire an attorney. They have their own best interests in mind. Their goal is to close claims as quickly as possible for as little as possible. As such, they may not accurately represent your entitlement to benefits. The Workers’ Compensation Act is complex with numerous requiredRead More ...

Taxes – Unlike group benefits, workers’ compensation benefits are not subject to taxes. More Money – Workers’ Compensation benefits may pay at a higher rate. Medical Coverage – Workers’ Compensation pays all of your medical bills with no co-pays. Denied – Group disability policies may deny your claim if injury was due to a workRead More ...

If your disability stops you from working for at least six (6) months and your recovery will last at least one (1) year from the date you become disabled, you may be entitled to Social Security Disability benefits. An application must be completed to obtain a determination regarding these benefits. Also, they must be coordinateRead More ...

Call attorneys Denise Lemmon or Conrad Tanasychuk. The insurer is required to consider the exploration of retraining equally as job search if it will return an injured worker to suitable gainful employment. Every Case is Unique – Let Us Answer Your Questions ...

You need to job search to be entitled to ongoing temporary total disability benefits if you are released to work with restrictions. You should not sign a Job Placement Plan and Agreement or initiate job search without consulting with attorneys Denise Lemmon or Conrad Tanasychuk. The insurer may use an inadequate job search as theRead More ...

If your doctor provides you with work restrictions, your employer may provide you with an offer of light-duty work. Light duty work is work within your restrictions. You may need to accept this job. Otherwise, your workers’ compensation payments may be stopped. To avoid this, it’s important to start by telling your doctor what youRead More ...

Many injuries cause long-term problems, including permanent limitations on activity and recurring episodes of pain or discomfort referenced as chronic pain syndrome. Chronic pain may even make it difficult to keep a job, cause financial distress, interfere with personal activities, or cause other stress-related illnesses like depression or anxiety. Don’t lose hope; contact attorneys DeniseRead More ...

A qualified rehabilitation consultant (QRC) provides rehabilitation services, if you need help returning to work due to your injury. You have the right to choose your own QRC. If you do not, the insurer will refer you to one. There are specific time limits to request a different QRC, if this happens. It is importantRead More ...

Yes. Reasonable expenses include bus fares, auto mileage and parking expenses. Keep accurate records and submit the records to your insurer for reimbursement. Every Case is Unique – Let Us Answer Your Questions ...

An independent medical examination is an examination requested by the insurer to be performed by an adverse medical provider. The IME doctor provides his opinion regarding the causation, extent of injury, restrictions, date of MMI (maximum medical improvement), and the extent of your permanent disability. This usually results in extreme ramifications for your benefits. YouRead More ...

In most cases, an injured worker is free to choose their own doctor. However, a physician is considered a primary care provider if seen (3) times. You are entitled to a second opinion and/or change of physician. Contact attorneys Denise Lemmon or Conrad Tanasychuk. We protect your right to treat with the doctor of yourRead More ...

You are entitled to these benefits and you need to act quickly to protect your benefits. Contact attorneys Denise Lemmon or Conrad Tanasychuk, to file the necessary petitions or objections. Every Case is Unique – Let Us Answer Your Questions ...

For a work related injury report the accident/incident to your employer immediately. Seek medical attention as soon as possible. Inform the doctor that you were injured at work, and what body part(s) hurts. Have your doctor write work restrictions and provide it to your employer. Follow your doctor’s recommendations. Contact attorneys Denise Lemmon or ConradRead More ...

Any injury occurring at work, including aggravations of a pre-existing condition, a gradual onset of symptoms or an illness. Some examples of injuries that occur at work may include sprains, strains, lacerations, contusions, herniations, tears, fractures, from falling, lifting, running machines, bending or any activity while at work. An employee may also have a longRead More ...

When Walmart advertises that its American-made goods will create 1 million new American jobs it avoids the fact that Walmart’s Chinese-made goods totaled at least $49.1 billion in 2013 and that the Walmart-based Chinese trade eliminated 400,000 American jobs per The Alliance of American Manufacturing. Furthermore, Walmart’s average sales Associated earned just $8.81 per hourRead More ...

There may be certain circumstances after an employee sustains a work related injury where surgery is important to be performed in order to alleviate the symptoms and provide him/her with greater function.  Most often, doctors will try other methods of resolution before considering surgery such as chiropractic, injections, physical therapy or acupuncture.  If you decideRead More ...

The workers compensation system in Minnesota and other states were initially established to provide benefits such as wage loss, medical benefits and rehabilitation for injured workers. Now….things are changing, causing serious consequences for thousands of employees’ who have suffered serious injuries at work. A ProPublica and NPR investigation found that the cutbacks can be soRead More ...

How to live with chronic pain? The fear and loneliness can be intense, leading to deep depression. It can feel terribly unfair. You were active and living life. Now, you feel like crap. You may even think, “I am dying!” What’s even more frustrating is going through dozens of examinations and hospital visits with noRead More ...

Mediation services for injured workers cases are offered through the Minnesota Department of Labor and Industry Workers Compensation Division and the Office of Administrative Hearings in St. Paul, MN.  The advantage of utilizing the Office of Administrative Hearings is that Judges act in the role of a mediator and provide extensive knowledge and experience inRead More ...

FDA strengthens warning that non-aspirin nonsteroidal anti-inflammatory drugs (NSAIDs) can cause heart attacks or strokes. The Food and Drug Administration warns that pain relievers like ibuprofen (Advil, Motrin and generic) and naproxen (Aleve and generic), also known as nonsteroidal anti-inflammatory drugs, or NSAIDs, have an increased risk of triggering a heart attack or stroke, evenRead More ...

Nearly 18 million people have gained health insurance due to the Affordable Care Act, but 10.5 million are still uninsured and could sign up for plans on state and federal exchanges. Open enrollment in the federal and state exchanges start Nov. 1. Minnesota is also providing a limited special enrollment period for Minnesotans who wereRead More ...

Obtain a handicap parking permit by following these four steps: Print off the disability form at https://dps.mn.gov/divisions/dvs/forms-documents/Documents/MV_DisabilityParkingCertificate.pdf. Complete the top portion of the form and sign it. Ask your doctor to fill out the lower portion and sign it. Mail the application to the address on the back of the form or drop it offRead More ...