Can Penalties be issued to the Employer?

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 the employees. Certain criteria must be met for penalties and interest so please call our office.

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Do I need to Report a Work Injury?

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 days after your injury, your employer is allowed to deny your claim for late notice. However, there are certain exceptions. If you tell your employer more than 180 days after your injury, no workers’ compensation benefits are allowed unless you did not give notice because of a serious injury or illness. Again, to meet the exception, you have to meet certain criteria. Please call our office to discuss.

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What is an Independent Contractor?

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 does not have workers’ compensation insurance. Therefore, it is important to talk with one of our attorneys to determine if you are considered a contractor or employee.

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What is a Gillette Injury?

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 by calling our office.

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Am I Covered for Benefits if I Work Out…

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 Workers Compensation system. Also if an employee is temporarily out of state and has an injury, he or she may be covered. Please call our office to discuss.

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What is a Settlement in Workers’ Compensation?

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 until the Judge issues an Award on Stipulation. You are not required to give up future medical benefits in a Settlement. In addition, there are different types of Settlement Agreements depending on the facts of your case. In order for your rights to be protected and ensure that you get the best outcome, contact our law office for a consultation.

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How do Attorney Fees work in Workers’ Compensation?

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.

• For dates of injury between Oct. 1, 1992, and Sept. 30, 2013, the fee is 25 percent of the first $4,000 of compensation awarded to the employee and 20 percent of the next $60,000 of compensation awarded to the employee, subject to a total maximum fee of $13,000 for that injury.

The most common attorney fee is a contingent fee. This is a percentage of the compensation awarded to the employee on any disputed portion of the compensation. The contingent fee is deducted from the employee’s benefits and paid to the attorney. If the employee has his or her vocational benefits or medical benefits denied, the attorney fees are payable by the employer and insurer.

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What Happens at a Hearing?

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 of Appeals. The Court of Appeals cannot consider any new evidence. As such, it is essential that the Hearing record is complete.

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What is an Administrative Conference?

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 the opportunity to get your benefits reinstated. If a party is dissatisfied with the outcome of a conference, that party may ask for a de novo hearing in the Hearing Division.

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How can I Afford an Attorney?

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 free and confidential consultation regarding your workers’ compensation rights and benefits.

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