Changes to the Minnesota Workers’ Compensation Law

The Minnesota Worker’s Compensation statute underwent substantial revision during the past legislative session. Most of the statutory changes will take effect October 1, 2013. The following is a short summary that outlines the main changes: The implementation of pain contracts. This will affect employees who use opioids on a long term basis. These circumstances will […]

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 […]

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 […]

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 […]

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 […]

Does an Employer have to Purchase or have Workers’ Compensation Insurance?

Most employers in Minnesota are required to have Minnesota Workers’ Compensation insurance, or for some companies, be self-insured. There are certain limited situations where an employer may not need to have coverage, however, in most situations they are required to have workers’ compensation insurance on their employees. Even though a Minnesota employer may not have […]

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.

My Family Member/Friend Died from a Work Injury—Would they be able to Bring a Wrongful Death Claim for Workers’ Compensation Dependency Benefits?

It is always a tragic situation when someone dies from a work-related injury. However, you should be rest assured that dependency benefits are available to the family. Dependency benefits are based upon weekly wage and daily wage which is determined by the hours normally worked in that employment. Benefits are paid to the spouse, children, […]