Meshbesher & Spence is committed to protecting the rights of injured workers under the Minnesota Workers’ Compensation Act. Our attorneys can help you access any wages you may have lost and fight to ensure you receive the medical, rehabilitation, and retraining benefits to which you are entitled so that you can focus on the healing process.
Why Work with an Experienced Attorney?
When a work crisis hits you hard, you deserve a trusted Minnesota workers’ compensation attorney who puts you first. We represent injured workers across the state of Minnesota. Our clients come to us from all professions after a work injury, including:
Our law firm is dedicated to representing all injured Minnesota workers, and we are especially proud to fight for those who serve our communities daily. Relying on our years of experience and past successes, we know how to assist first responders in navigating the complex and, at times, fraught process that follows an in-the-line-of-duty injury.
First responders are at serious risk of developing physical and post-traumatic stress disorder (PTSD) injuries during their duties because of the dangerous nature of their jobs. The workers’ compensation and PERA disability attorneys at Meshbesher & Spence understand the complexity of these claims and will work with you to ensure that your benefits from all sources are maximized.
We have represented hundreds of first responders injured in the line of duty, including:
Injured Workers Deserve Fair Compensation. We Help You Get It.
Our workers’ compensation and PERA disability attorneys are well-versed in navigating your workers’ compensation claims and are also experienced PERA and MSRS disability and Minnesota Statutes 299A.465 attorneys. Therefore, they understand the interplay between disability and workers’ compensation benefits and will work to maximize your overall recovery.
If your work duties result in an injury or make a pre-existing condition worse, your employer’s workers’ compensation insurance policy pays for benefits that may include:
Workers’ compensation is a no-fault system, which means benefits are paid regardless of fault. This means an employee does not need to prove negligence on the part of the employer to establish liability. It also means that an employer cannot use negligence on the part of the employee to deny a claim.
All Minnesota employers are required to carry workers’ compensation insurance or be self-insured for workers’ compensation benefits unless they are specifically exempted, which only applies to a very limited number of employers in the state.
Any type of work injury or condition that is caused, aggravated, or accelerated by your work duties may be covered under your employer’s workers’ compensation policy, including specific injuries (e.g., a fall at work), injuries that result from repetitive job duties over time, occupational exposure to chemicals/substances, and psychological injuries.
While different types of work environments can lead to different types of injuries, some workplace injuries are more common than others.
Here are a few examples of the most common types of workplace injuries in Minnesota:
To file a claim for workers’ compensation in Minnesota, you must report the injury to your employer within 14 days of the injury. Your employer must then report the injury to their workers’ compensation insurance carrier within 10 days. If your claim is approved, you may be eligible for medical treatment, wage replacement, and vocational rehabilitation benefits. If your claim is denied, you may have the right to appeal the decision.
If you cannot work because of your work injury or if you cannot earn your full wages because of your work injury, you may be entitled to wage loss benefits. Additionally, under Minnesota law, the insurer must accommodate your request for direct deposit, if applicable.
Wage loss benefits are calculated based on your Average Weekly Wage (AWW) and include the following:
There is a waiting period before injured workers are eligible for wage loss benefits. Learn more about wage loss and how it may apply to your situation.
An injured worker’s average weekly wage (AWW) on the date of injury controls benefit amounts for the claim. The goal of determining the average weekly wage in a Minnesota workers’ compensation case is to “arrive at a fair approximation of the employee’s probable future earning power that has been impaired or destroyed by the [work] injury.”
Your average weekly wage should include:
The employer and workers’ compensation insurer should pay for the cost of all reasonable and necessary health care treatment related to your work injury, including:
However, there may be certain limitations and restrictions in your coverage that you’ll need to be aware of.
Vocational rehabilitation benefits, including educational retraining, are available to help injured workers in Minnesota return to work after an injury. You can request a vocational rehabilitation consultation at any time.
In fact, you may be eligible for vocational rehabilitation services if you meet the following criteria:
PPD benefits are payable for the permanent functional loss of use of the body based on a disability schedule—and is separate from wage loss benefits.
Employees injured at work in Minnesota are eligible for PPD benefits if they have any of the following ailments:
A healthcare provider’s opinion is essential in determining the appropriate rating for the work injury, which is typically evaluated using the schedule outlined in the Minnesota Administrative Rules Chapter 5223.
Yes! In most cases, you can and should choose your own doctor to evaluate and treat you for your work injury. You should not let your employer or the workers’ compensation insurer direct you to a certain clinic or doctor without consulting an attorney. Your primary care provider is usually a good place to start to get a referral to the appropriate specialist for your type of injury.
Note, however, there are very few cases in which an employer may require an employee to see a designated healthcare provider for treatment.
At Meshbesher & Spence, we have the experience to guide you through your claim, helping you navigate the insurance and liability confusion that often ensue when accidents happen. Our team will handle any legal and insurance problems on your behalf.
In addition, our law firm can quickly bring in an investigator to document the incident by interviewing witnesses, taking photographs, and doing whatever else is necessary to investigate the incident. This step is critical and will significantly impact the outcome of your claim.
We always offer a free, no obligation consultation. That means we do not get paid until we successfully recover benefits for you. There are no upfront fees or hourly fees attributed to you.
After realizing I needed help, a friend recommended me to Ashley. Meeting Ashley for the first time, I felt the support and understanding I so desperately needed! Ashley made me realize the life I was missing out on. She told me from day 1 to trust her and throughout the process, she always made me feel that she had my best interest in mind. I will forever be grateful for Ashley and how she saved my life!
I worked with Lindsey Carpenter on a car accident injury after my previous attorney had unexpectedly passed away. I had a wonderful experience with Meshbesher & Spence. Lindsey kept me updated every step of the way. She is very knowledgeable and experienced and definitely fast to get results. I highly recommend using her.
Jim and staff were very professional, sympathetic, kind, understanding, explained everything to me in a timely manner. Jim was available at any time I needed him with quick responses. They also explain everything in detail and made the process a better learning experience. In addition to great personal interpersonal communication skills, they also got me the maximum settlement. If you ever need an Attorney Meshbesher is your trusted partner time and time again! Thank you!