Category Archives: Getting the System

Finding the right Minnesota workers’ compensation attorney

Another lawyer and I recently had a conversation about how people find attorneys. He was quite surprised to hear how many people used the internet to find an attorney.  He said, “how can someone make such a big decision just from reading a website.” I began thinking about what he said – and it made a lot of […]

Do Workers’ Compensation Cases Settle before going to Trial?

Most workers’ compensation cases settle at some point during the litigation process.  Now, there are some cases where the work injuries resolve and there are no settlements because the injury has completely healed.  While in other cases, the effects from the injury continue to linger and at some point the injured worker, the work comp insurer, […]

When do I give notice of a work injury?

I recently had a conversation with an individual who failed to give timely notice of a work injury to his employer. The employer was a friend. The injured worker “did not want to rock the boat”. As a consequence, he was later precluded from pursuing a claim for workers’ compensation benefits by operation of the […]

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 […]

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 […]

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 […]

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.

I Have a Workers’ Compensation Settlement Offer and they are Asking me to do a MSA or a Medicare Set Aside—What Should I Do?

Medicare set asides can be a complicated and a difficult process to understand. When contemplating settlement of your case and a Medicare set aside is being discussed, there are several things that you, the injured worker, should consider. 1. Work comp related medical would be closed out forever. Medicare set asides are only used in […]

If I accept a retirement package or severance, would I be entitled to benefits now or in the future?

Accepting a retirement package or severance will not preclude you from receiving benefits including lost wages. In cases of voluntary termination, the injured worker’s right to wage loss benefits is suspended until the injured worker can show that the work-related disability is the cause for the inability to find or hold new employment. This can […]

Abbreviations and Glossary for MN Work Comp 101

Minnesota workers’ compensation has many abbreviations that get used by adjusters, attorneys, employers, etc. Understanding what they represent is a difficult task for employee’s who have never dealt with workers’ compensation. The following is a list of common abbreviations and terms used. Some people may abbreviate terms differently, but hopefully it will provide some guidance […]