After my work injury, who gets to pick my pharmacy?

After a work injury, Minnesota law requires the employer and workers' compensation insurer to provide all medical care and treatment causally related to and reasonable and necessary to cure and relieve the effects of the work injury. This includes paying for necessary medications. Questions often arise as to who gets to pick the pharmacy where medications are filled. Intuitively, you would think the injured worker gets to make the choice. That would be consistent with Minnesota law which generally allows the employee the choice of treating physicians. That is not the case, however. The

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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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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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Who gets to pick my doctor after a work injury?

Following a work injury, the injured worker generally possesses the right to pick the treating doctor.  It has long been the law that Minnesota employees are given great latitude both in choosing and changing physicians.  This choice can be limited, if the employer participates in a certified managed care plan.  If that is the case, the employee will be required to pick a physician within the list provided by the plan - unless a documented history of treatment before the injury with that doctor can be demonstrated.  Absent a certified plan, however, the employee has the right to choose the

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Who Pays My Health Insurance?

You have been off work for some time following a work-related injury when you receive a letter from your employer. The letter adds insult to the injury. In it, your employer states that because you have been off of work for so long, it will no longer pay its share of your monthly health insurance premiums. You have already fallen behind on your monthly bill as your weekly workers' compensation wage loss check does not seem to go as far as your paycheck did. As you crumple up the letter in disgust, you wonder whether your employer can do this. Unfortunately, this is a very common

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Medical choices for injured workers

After a Minnesota work related injury, many injured workers assume that the Minnesota employer and workers' compensation insurer will automatically pay for the injury and the related medical expenses. Unfortunately, there are many times when the insurance company denies the claim and refuses to pay for the medical treatment. The injured worker is then responsible for obtaining the necessary medical treatment on his or her own until a judicial determination can be made. Depending on the case, this could take in upwards of a year before the case is heard. The injured worker is left with limited

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Functional Capacity Evaluations (FCE) in Minnesota woekwes conpensation matters

Following a serious work related injury there comes a point when your medical doctors want to determine what your physical capabilities in order to return you to work, evaluate your disability, determine how non-work related conditions affect your work ability or to determine your overall functionality. A Functional Capacity Evaluation or FCE objectively measures an injured employee's capability, not disability, by identifying safe performance capabilities and comparing them to the job requirements detailed in a Job Demands Analysis (JDA). FCE’s and JDA’s through the assistance of a physical

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The Minnesota Workers’ Compensation Maze

The Department of Labor and Industry published the following illustration. It does a fairly good job of showing some parts of the workers' compensation "maze." Click on the links and you will be directed to a the DOLI website. Learn moreFAQs Suggestions for: -- successful doctor visit; -- communicating with insurance adjuster; -- communicating with employer

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What types of workers’ compensation benefits are available for injured workers?

Although the law controls the specific amounts duration and types of benefits in effect at the time of the injury, there are 4 main types of benefits available to an injured worker.

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Injured workers are allowed to change doctors

Following an admitted injury it is very common for the employer to send the injured employee to "their" doctor. Typically, this is at a facility which deals frequently with injured workers. For many injured workers, although the doctor may be treating them, it is still not their doctor. In fact, they had no choice or even say as to who is treating them. As result, under Minnesota workers' compensation law an injured worker may change doctors within the first 60 days of medical treatment without the need for court approval. However, after the first 60 days it must be approved by the

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