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 notice statute. Simply put, his notice was too late. Under Minn. Stat. § 176.141, unless an employer has actual notice of the injury, an injured worker must give notice within 180 days of its occurrence. Overall, the notice statute establishes a three-tiered approach: • injuries

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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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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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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?

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 cases where the injured worker is either a Medicare beneficiary or has a reasonable expectation of becoming beneficiary within 30 months

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

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 be established by work restrictions and an active job search on the part of the injured worker.

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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 in distinguishing the various abbreviations.

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Undocumented workers are entitled to Minnesota workers’ compensation benefits

It is estimated there are over 8.5 million undocumented immigrant workers in the United States.  Approximately 5 million undocumented immigrants work in low paid, menial jobs where the risk of physical injury is high. These types of jobs typically do not attract legal residents due to low wages, physically demanding work duties or dangerous activities. Although these workers are here illegally, these workers are necessary to the workforce.

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The Employer and Insurer have Stopped Paying my Medical Bills and will not Approve any Further Treatment with my Doctor—What are my Legal Options?

The Employer and Insurer have Stopped Paying my Medical Bills and will not Approve any Further Treatment with my Doctor—What are my Legal Options? As I have discussed in previous posts, the employer and insurer are responsible for all reasonable, necessary and causally related medical treatment.  This would include visits to your doctor, physical therapy, injections, chiropractic treatment, surgery, etc.  Now, there are limits to certain treatment based on the Minnesota Treatment Parameters which limit the types and duration of treatment that an injured worker can receive for admitted

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