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 for…
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 180…
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 subcontractor…
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 answered…
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 Minnesota…
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 parties…
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. •…
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 Court…
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 or…
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 a…