Changes to the Minnesota Workers’ Compensation Law

The Minnesota Worker's Compensation statute underwent substantial revision during the past legislative session. Most of the statutory changes will take effect October 1, 2013. The following is a short summary that outlines the main changes: The implementation of pain contracts. This will affect employees who use opioids on a long term basis. These circumstances will now require a written contract with the prescribing provider. There is change regarding the collection of written data by the State on the prevailing charge for medical treatment. Specifically, the current collection

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Be Aware of Social Media

As the Internet expands and social media becomes ever more popular, insurance companies and their investigators and attorneys are often turning to Facebook and other internet venues to help defend against injured workers’ claims. Requests for access to Facebook posting are not that uncommon anymore. Moreover, Courts typically allow these requests because, as a general rule, postings on Facebook are meant to be shared with others. An injured worker is hard-pressed to argue that the insurer should not have access to photos and other information when their 600+ “friends” have access to that

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The Workers’ Compensation Insurer has Stopped my Chiropractic Treatment for my Work Injury, but my Chiropractor Continues to Recommend Further Treatment. What are my Options to get More Treatment?

After an injury, the employer and insurer are required to pay for all reasonable, necessary and causally related medical treatment. However, there are limits to the duration and frequency of certain treatments that you can receive. One of those treatments that have limits include chiropractic care. Typically, workers' compensation covers 12 weeks of chiropractic treatment. This varies depending on each individual case. With that being said, it is possible to get additional treatment past 12 weeks if the treatment is "reasonable and necessary."

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Does an Employer have to Purchase or have Workers’ Compensation Insurance?

Most employers in Minnesota are required to have Minnesota Workers’ Compensation insurance, or for some companies, be self-insured. There are certain limited situations where an employer may not need to have coverage, however, in most situations they are required to have workers' compensation insurance on their employees. Even though a Minnesota employer may not have workers' compensation insurance at the time of an injury, there are laws in place protecting injured workers.

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If I have a Minnesota Workers’ Compensation Case, can I Sue the Company for an Unsafe Workplace or Under an OSHA Violation?

If I have a Minnesota Workers’ Compensation Case, can I Sue the Company for an Unsafe Workplace or Under an OSHA Violation? Minnesota workers' compensation is typically an exclusive remedy. In other words, you cannot sue the employer for damages but must file a claim for workers' compensation benefits. Despite having the workers' compensation claim, you can still file a complaint with OSHA regarding the employer’s conduct. The Occupational and Safety Health Act (OSHA) was established to protect workers by setting certain safety standards in place for employers to abide by. For specific

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Do I need a Workers’ Compensation Lawyer to Represent me for my Injury, Even if my Claim is Small?

In most cases, the most pressing need for a lawyer comes when benefits are being denied. Even in cases when the denial involves a small amount of money or tiny bill, it is still money or benefits that are owed to you. In workers’ compensation cases, the law is set up to assist injured workers in their ability to obtain legal counsel to represent them even when it is a small claim.

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How Long Do I have to Make a Claim for Minnesota Workers’ Compensation or Work Comp Benefits?

How Long Do I have to Make a Claim for Minnesota Workers’ Compensation or Work Comp Benefits? In Minnesota, the amount of time that you have to file a workers' compensation claim depends on two factors, including: Whether any benefits have been paid; and  Whether a First Report of Injury has been filed with the Department of Labor and Industry.

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My Family Member/Friend Died from a Work Injury—Would they be able to Bring a Wrongful Death Claim for Workers’ Compensation Dependency Benefits?

It is always a tragic situation when someone dies from a work-related injury. However, you should be rest assured that dependency benefits are available to the family. Dependency benefits are based upon weekly wage and daily wage which is determined by the hours normally worked in that employment. Benefits are paid to the spouse, children, or dependents. Allocation amongst the various individuals depend on the type and number of dependents.

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I have Complex Regional Pain Syndrome “CRPS” or Reflex Sympathetic Dystrophy “RSD,” how will that Effect my Minnesota Workers’ Compensation Case?

I have Complex Regional Pain Syndrome “CRPS” or Reflex Sympathetic Dystrophy “RSD,” how will that Effect my Minnesota Workers’ Compensation Case? What is complex regional pain syndrome “CRPS” or reflex sympathetic dystrophy “RSD”? This is a condition that causes pain, swelling and various other symptoms. It can occur in one body part but can also transfer to other body parts. This can be brought on by trauma or injury to a body part.

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How Long do Workers’ Compensation Benefits Last in Minnesota?

How Long do Workers’ Compensation Benefits Last in Minnesota? Injuries can range from strains to fractures to no wage loss to being permanently and totally disabled where you can never return to work. The benefits an injured worker receives depends on the injury and whether that injury continues to remain a substantial contributing factor in their disability. Tied into this is the limits on the four types of benefits that an injured employee is entitled. I have previously written on the benefits available. That being said, an injured worker can receive certain benefits for the rest of their

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