Minnesota Workers' Compensation Lawyer

Workers’ Compensation

Workers’ compensation attorneys. Working hard for you.

For more than 50 years, Meshbesher & Spence has been here to help Minnesotans. Workers who have been injured on the job have rights under the Minnesota Workers’ Compensation Act. Our attorneys can help you access any wages you’ve lost. We can fight to ensure that you receive the medical, rehabilitation, and retraining benefits that you are entitled to, and are given the chance to heal.

Employers aren’t always forthcoming about the legal rights of workers. Our lawyers will support you and make sure no detail is left unexplored.

When a work crisis hits you hard, you want a partner who puts you first. We represent dozens of first responders who have been injured in the line of duty in Minnesota, including police officers, state troopers, firefighters, paramedics, EMTs, dispatchers, and corrections officers. First responders are at serious risk of developing physical and PTSD injuries in the course of performing their duties because of the dangerous nature of their jobs.

There are issues that are specific to first responder cases that our lawyers are well-versed in handling, including FMLA, 299A.465 continuation of health insurance and PERA/MSRS disability benefits, and how these benefits work together. We rely on our years of experience and past successes to understand how to best help first responders navigate the complex, and at times, fraught process that follows an in the line of duty injury. We take pride in representing and fighting for people who serve our communities everyday.

Contact Meshbesher & Spence. The lawyer you choose makes a difference.®

To speak to a lawyer: 1-888-632-3495

How much is my Minnesota Workers’ Compensation case worth?

The value of your case depends on many factors, such as the severity of your injuries and the length of work absence. Contact our experienced workers’ compensation attorneys today to discuss your case.

Wage loss.

Injured workers are entitled to wage loss benefits based on the wage they earned at the time of the injury, or an “average weekly wage.” It is important that you contact an attorney even if you have an admitted workers’ compensation injury to ensure that you are being properly compensated. The types of wage loss injured Minnesota employees are entitled to may include:

• Temporary total disability benefits are available to injured workers when they are completely off of work following a work-related injury. These benefits are paid at a rate of two thirds of an injured worker’s average weekly wage, nontaxable.
• Temporary partial disability benefits are available to injured workers when they return back to work at a reduced earning capacity with their date-of-injury employer or a new employer. Injured workers are paid two thirds of the difference between what they were making at the time of the injury and what they are making after the injury.
• Permanent and total disability benefits are available to injured workers who have severe injuries that will make it difficult for them to work in any substantial capacity. These benefits are paid at a rate of two thirds of an injured worker’s average weekly wage, non taxable.

First things first.

Every workers’ compensation case is unique, but there are some standard protocols to follow in Minnesota to make sure you’re compensated for pay and benefits owed to you. The best advice we can give before getting started is to not wait. The sooner you call, the better.

• Call us to determine if you are eligible.
• For physical injuries, file within 30 days of the accident or injury.
• For PTSD injuries, consult with an attorney before filing a first report of injury or IOD.

Meshbesher & Spence will guide you through every step of the process. For quick reference, see the FAQs below.

Workers’ Compensation FAQs:

If you have questions about workers’ compensation law, contact Meshbesher & Spence for legal advice.

1. What should I do if I get injured at work?

If you are injured at work, seek medical attention if needed and then tell your employer immediately. Your employer will complete a First Report of Injury (FROI) form that will include information about your accident. It is imperative that you give your employer accurate and complete information about how you were hurt and your injuries.

2. Does my employer have to carry workers’ compensation insurance?

Minnesota Statutes 176.181, subd. 2, requires every employer to provide workers’ compensation insurance for their employees, either through a policy with a licensed insurance company or through self-insurance approved through the Minnesota Department of Commerce. There are some exceptions to this. Through our work with police officers, firefighters, and first responders, we are very familiar with self-insured employers, such as League of Minnesota Cities, Minnesota Counties Insurance Trust, and self-insured cities and counties, such as Minneapolis, St. Paul, Duluth, Bloomington, Richfield, Hennepin, Dakota, and Ramsey.

3. What types of injuries are covered by workers’ compensation?

Work-related injury can be anything caused, aggravated, or accelerated by employment activities. In most cases, work does not have to be a “direct cause” of an injury but rather, it can be a “substantial contributing cause or factor” to an injury.

There are many types of compensable injuries in Minnesota, including both physical and mental health (PTSD) injuries. A physical injury can occur as a result of something specific, such as falling off of a ladder at work, or it could be the result of minute trauma to the body, which over time results in injury. An injury from performing work duties over time is referred to as a Gillette injury, and are commonplace in occupations that require the performance of strenuous job duties, such as firefighters, paramedics, police officers, corrections officers, nurses, contractors, mechanics, or professional athletes.

In addition, as of October 1, 2013, Minnesota has recognized post-traumatic stress disorder (PTSD) as the first compensable standalone mental health injury. Unfortunately, PTSD cases can be complicated, and it is important that you retain an attorney who is up to date in the newest case law. On January 1, 2019, Minnesota enacted a piece of legislature directed at first responders, indicating if a police officer, firefighter, paramedic, public safety dispatcher, corrections officer, or emergency nurse is diagnosed with PTSD per the DSM-V, the PTSD is presumed to be related to the first responder’s work duties. The attorneys at Meshbesher & Spence have successfully handled hundreds of PTSD cases for Minnesota first responders and other individuals suffering from work-related PTSD.

4. What is covered by workers’ compensation?

The Minnesota workers’ compensation statutes entitle an employee to reasonable and necessary medical treatment or supplies to cure or relieve the effect of the work injury. The employer is required to furnish medical treatment as described by Minnesota Statutes 176.135, subd. 1, including psychological, chiropractic, podiatric, surgical, and hospital treatment.

The Minnesota workers’ compensation statutes also entitle injured employees to wage loss, rehabilitation, retraining, and permanency benefits. Unfortunately, there is no pain and suffering damages available to injured workers under the Workers’ Compensation Act.

5. Can I be treated by my own physician?

Yes. Injured employees may choose their health care provider for treatment of a work-related injury. However, an employer may require an employee to see a designated health care provider for treatment in certain circumstances. If you are scheduled for an independent medical examination (IME) or an independent psychological evaluation (IPE), it is important that you seek advice from a knowledgeable workers’ compensation attorney as soon as possible.

6. What is an IME and it is required?

An independent medical examination (IME) or independent psychological evaluation (IPE) is an evaluation conducted by a medical professional that has been selected by the employer or insurer who is not involved in the employee’s care. The purpose of an IME or IPE is to provide an opinion about a variety of medical and job-related issues.

The workers’ compensation insurance carrier or self-insured employer has a legal right to request an IME with a doctor it selects. The insurer must pay for the exam and must reimburse the employee for reasonable mileage and other costs of attending the examination.

Failure to attend the examination could result in an interruption of benefits to the injured worker.

7. What do I do if my workers’ compensation claim or wage-loss/monetary benefits are denied?

An attorney can help navigate your compensation claim. If the insurer has denied primary liability, you may appeal the denial and request a hearing by filing an Employee’s Claim Petition form. It is wise to consult with an experienced workers’ compensation lawyer to decide whether to file an Employee’s Claim Petition form. For MSRS or PERA disability claimants, there are additional considerations that affect when you should file a claim petition.

8. What if my wage-loss benefits have been discontinued or stopped?

The insurer may discontinue wage-loss benefits under certain circumstances.

Before the insurer can discontinue your wage-loss benefits, the insurer must send you a Notice of Intention to Discontinue Workers’ Compensation Benefits (NOID) form. If you receive a NOID, it is important that you contact an attorney as soon as possible to seek legal advice and/or representation. An injured employee only has 10 days to file an objection with the Office of Administrative Hearings. If an objection is not filed within 10 days, an injured worker’s wage loss benefits will be discontinued.

9. What if my medical benefits are denied or not paid?

Appropriate steps depend on if the insurer has admitted liability for your claim or not. If they have admitted liability, call the insurance company to discuss the issue with the adjuster or claims representative. If you can’t resolve the issue, you can request assistance from the Department of Labor and Industry (DLI) regarding the issue by filing a Medical Request form.

If the insurer has denied primary liability for your claim, you must request a hearing by filing an Employee’s Claim Petition form.

It may be wise to consult an attorney to help with this process and ensure you the best possible results.

For the best handling of your case, consult with an experienced Minnesota lawyer today

The lawyers at Meshbesher & Spence have experience that will guide you through your claim, and will help you navigate the insurance and liability confusion that can ensue when accidents happen. Our staff will make sure that any legal and insurance problems are handled promptly so that you can recover full compensation. Our staff can quickly bring in an investigator to document the incident by interviewing witnesses, taking photographs, and doing whatever else is necessary to seek out the true cause of the accident. This step is very important and will greatly impact the outcome of your claim.

We offer free case evaluation with no obligations, no recovery and no fees.

When so much is at stake, you deserve the best

When you hire an attorney from Meshbesher & Spence, you will not be asked to pay any attorney fees until the case is resolved and you receive compensation. In the event that you do not recover compensation for your injuries, you will not be asked to pay anything. This kind of pay structure is called a “contingent fee agreement,” and means that you have no reason not to hire the very best, most experienced lawyers in Minnesota to represent you. Meshbesher & Spence has recovered damages for thousands of Minnesota families; you can count on them to fight hard for you. The lawyer you choose truly does make a difference.