MN Work Injury Penalty | Minnesota Workers Compensation
After a work injury you are entitled to certain benefits. We all have a role within the workers’ compensation process. Whether it is a doctor, employee, QRC, judge or adjuster. Obviously, it is the adjuster’s role to pay benefits when they are owed. Failure to do so causes undue hardship for you, the injured worker. Especially, if it is just poor investigation on the part of the adjuster and it results in you not getting benefits. This type of failure puts the insurance company at risk for a penalty. Some of these penalties are payable to you while others are payable to the special compensation fund.
After a Work Injury
Under the law, the employer and insurer are required within 14 days after the employer has been notified of an injury to admit or deny liability. Wage loss benefits are not payable for the first three calendar days following an injury. However, if your disability lasts greater than 10 days, compensation is due from the date your disability commenced. In other words, they are required to pay from the first day.
Temporary and Permanent Total Disability Benefits are due on the date you would have received wages had you continued working.
Temporary Partial Disability Benefits are due 10 days following mailing of your check stub.
Permanent Partial Disability benefits are due within 30 days a medical report containing a PPD rating or medical information the insurer may determine a rating.
If the work comp insurer does not pay benefits when owed you could be entitled to penalties. Penalties can be assessed for specific prohibited acts such as failure to respond to requests, failing to conduct an investigation or advising you not to obtain an attorney. Other penalties can be assessed for frivolous denials or inexcusable delay in payment of benefits.
We can safely say that the system was developed to allow the injured worker a way to recover. The system also put in place rules for the insurance company to follow in order to assist in that recovery. Sometimes the adjuster and insurance company lose sight of these obligations. Our office can make sure the adjuster is following the law and providing appropriate and timely benefits.
If you have been denied workers’ compensation benefits or have concerns about your case, we at The Law Office of Thomas Mottaz are workers’ compensation attorneys that help people with Minnesota work injuries anywhere in MN. Contact us for a free consultation and we will answer your questions or help you find the right lawyer for your situation.
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3340 Northdale Blvd. NW, #140
Coon Rapids, MN 55448
Phone: (763) 421-8226
Fax: (763) 421-8362
“I was injured on Dec 17th 1980 on the job 12500 volts and David Kempston took on the job for me along with the Mottaz team’ I feel they put 100% into the case with out cutting any corners And I believe they are one of the best Attorney groups out there It was an experience and a great ending All though the pain will never go away they got the best settlement they could for me and so I thank the team at the office of the Mottaz Attorney’s THEY ARE THE BEST Thank You David Kempston for a job well done.”Ray K.Client
“Mr. Sisk took our case a few years ago not long after my wife was in a serious accident. Her employer’s insurance took insolvency and the employer was resolved to be no help at all. Despite the extremely out of the ordinary nature of our case, and regardless of impediments and hurdles, he has relentlessly fought for what was right on our behalf and been very successful doing so. Still today he continues to stand for us and what rightfully should be done. I simply can’t thank him enough. In troubled times this is the guy you want in your corner.”Linda and Joe A.Client
“Jerry was very responsive to all my questions, concerns and showed compassion in this very difficult time of my life. He took time by email, phone and in person to help me understand the process, the time frame, and all the possibilities. Persevering in the duration of all the doctor visits, working with my employer, and my work related injury was not easy. Jerry handled all of it from our initial meeting to the final resolution with confidence, encouragement, and high integrity. I would strongly recommend Jerry to my family, my friends, and all of my acquaintances. I would without a doubt trust Jerry in the future, if a situation would occur that needed legal representation. I appreciate all he did in helping me get my life back on track and making a positive difference in my life.”Michael Z.Client
“Since injuring my back in 1978 I had multiple issues and problems with the employer and insurer. This led to many disputes over the years. Having been told to live with pain for the rest of my life, I reached a point when I could no longer continue working. At that time I hired David Kempston and he took on my case and worked out for me a settlement that I was very comfortable with. He was always attentive to my calls and responded quickly when I would whine about things which he would assure me it would all come together. He was right and I am so grateful for his hard work. He goes the extra mile for me as a client, and is the type of person you could leave your wallet and checkbook with and no it is safe. Again, I am extremely grateful for David Kempston’s work and highly recommend him to someone who has a work injury and needs the finest representation. If you want to hire somebody with excellent work ethics hire David Kempston.”Robert H.Client