Should I Settle my Workers’ Compensation Case as the Insurance Company or Attorney wants me to Settle? The decision to settle can never be an easy decision to make. Many different factors need to be weighed into your decision. It is imperative that all of your options have been discussed so that an informative decision […]
My Employer Tells Me that I am an Independent Contractor—Am I an Employee that is Entitled to Workers’ Compensation Benefits?
Employers are required to make reasonable efforts to find acceptable positions for injured workers. This does not mean that the employer has to change their business practices. The question is whether the employer can make the necessary modifications without impacting the core duties of the employees job, the expense of those modifications and the difficulties caused by having to reassign job duties to other workers.
In today’s world, new technologies have made it possible for employers to monitor many aspects of their employees’ activity. Recent surveys have found that a majority of employers do monitor their employees. Employee privacy rights revolve around one basic conflict: employer’s want to be able to ensure that their employees are being productive, but employees […]
This is one of the questions I get quite often during my practice. It is also one of the toughest questions to answer. It is well known under Minnesota Workers’ Compensation law that an employer cannot terminate an injured worker for bringing a workers’ compensation claim. The law states specifically that an employer cannot retaliate […]
The Law Office of Thomas Mottaz is proud to announce that David Kempston and Thomas Mottaz have been named Minnesota Super Lawyers . Congratulations to Thomas Mottaz and David Kempston for their recognition again as being one of the top and best Minnesota workers’ compensation lawyers in Minnesota. Please join us in congratulating these wonderful […]
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 doctor who treats the injury.