Workers’ compensation, also known as workers’ comp, is insurance that benefits employees who have suffered work-related injuries or illnesses. In Minnesota, workers’ compensation is mandatory for most employers and covers the following expenses for injured workers:
The program is designed to protect employees and employers by providing a “no-fault” system in which injured workers receive benefits regardless of who was at fault for the injury. If you have been injured on the job in Minnesota, it is essential to understand your rights under the state’s workers’ compensation laws.
To be eligible for workers’ compensation in Minnesota, you must:
Independent contractors and self-employed individuals are typically not covered for this benefit program, unless those individuals carry a workers’ compensation insurance policy covering themselves.
Each individual situation is different with respect to ongoing health care coverage through an employer when the employee is receiving workers’ compensation benefits.
Health insurance coverage via an employer is governed by a different set of laws outside of the Minnesota Workers’ Compensation Act. Therefore, it is not included in claims for workers’ compensation benefits.
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Coverage issues can arise when the employer continues contributing but the injured worker does not while on leave. Therefore, you must discuss this with your employer at the start of the claim to find out how to keep your health insurance current. We recommend you keep a record of all communications with your employer related to this issue.
Minnesota workers’ compensation law requires injured workers to attend an independent medical examination (IME) or independent psychological evaluation (IPE) if requested by the employer and at reasonable times thereafter upon the employer’s request.
The examination must generally be scheduled at a location within 150 miles of the injured worker’s home address. The employer is required to pay reasonable travel expenses incurred by the employee in attending the IME or IPE including:
Failure to attend a scheduled IME or IPE could result in a discontinuance of ongoing workers’ compensation benefits.
If an employer and insurer have admitted a work injury and paid at least some benefits (e.g., wage loss, medical, or rehabilitation) for that work injury, the claim for the specific date of injury can potentially stay open indefinitely.
We regularly handle the issues that come up over the life of a claim, even if the injury happened quite some time ago and was admitted by the insurer with benefits remaining open.
If your claim was denied and/or no benefits were paid after the initial injury:
If you don’t know whether a FROI was filed or need help evaluating any claims you might be able to bring against the workers’ compensation insurer, contact us today.
Once a Minnesota workers’ compensation claim is settled, the settlement funds are not issued immediately.
There is a strict process that is followed when settlements are completed. On average, the process takes 45 days from the time the case is settled until the stipulation for settlement (i.e., settlement paperwork) gets in front of a judge for review.
Minnesota law allows employers and insurers to discontinue ongoing wage loss benefits if they believe they have a “reasonable basis” to do so. In order to discontinue wage loss benefits, the employer and insurer must file a Notice of Intention to Discontinue Workers’ Compensation Benefits (NOID) and serve it on the employee and the employee’s attorney (if there is one).
During the administrative conference, a judge will hear the arguments of all parties and decide whether benefits should be discontinued or reinstated.
It is strongly recommended that you retain an attorney at this point in the claim as it almost always leads to additional litigation and failure to follow proper legal procedure can have a permanent effect on an injured worker’s wage loss benefits.
If the workers’ compensation insurer has denied all or some medical benefits, it is essential that you contact one of our workers’ compensation attorneys.
As claims move forward, it is not unusual for insurers to start denying medical benefits such as:
Even if a workers’ compensation insurer is voluntarily paying your wage loss and medical benefits, it is still a good idea to consult with an attorney to ensure you are getting all of the benefits to which you are entitled.
Therefore, having a knowledgeable workers’ compensation attorney on your case at the beginning will help you avoid mistakes and protect your claims moving forward. It will also mean that we will be prepared to immediately act on your behalf, if and when a dispute occurs.
Historically, the answer in Minnesota has been no. In order for a mental injury to be covered by Minnesota workers’ compensation, it would have to be tied to or caused by a physical injury. For example, if someone developed depression as a result of a compensable back injury, the depression could be covered.
This means while diagnoses such as depression or anxiety may be debilitating and caused by your work, in Minnesota, employers do not have to pay workers’ compensation benefits for these conditions.
The laws regarding PTSD claims are constantly evolving and changing, and therefore these claims are complicated.
The workers’ compensation attorneys at Meshbesher & Spence are experienced in handling Minnesota workers’ compensation claims.
Appealing unfairly denied claims and receiving full and fair benefits can be a difficult process to go through for people unfamiliar with the claims system. Our attorneys will walk you through you claim with expertise and confidence. We know what to do when insurance companies use tactics to try and avoid paying benefits or limit payouts to injured workers.
Employers and insurers may discourage you from retaining an attorney. However, they do not have your best interests in mind.
We always offer a free, no obligation consultation. It does not cost you anything to call us to get legal advice about your specific situation.
The workers’ compensation attorneys at Meshbesher & Spence do not get paid until we successfully recover benefits for you. There are no upfront fees or hourly fees attributed to you.
If we recover disputed benefits on your behalf, the contingency fee payable to us is 20% of the benefits recovered (for injuries on or after October 1, 2013). If we successfully recover medical or rehabilitation benefits for you, we can also recover non-contingent fees directly from the employer and insurer.
Workers’ compensation is a no-fault system, and benefits are paid regardless of fault. Therefore, an employee does not need to prove negligence on the employer’s part 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 minimal number of employers in the state.
A Qualified Rehabilitation Consultant (QRC) is a professional who is trained and certified to provide vocational rehabilitation services to injured workers under the Minnesota Workers’ Compensation Act.
In Minnesota, the workers’ compensation system provides benefits to employees who are injured on the job. QRCs work with injured workers to help them return to work by providing a variety of services, including vocational assessment, job placement assistance, and training. Their services are typically paid for by the employer or their workers’ compensation insurance carrier.
Injured employees in Minnesota have the right to choose their own QRC. It is usually not best for your claim to use the QRC assigned by the workers’ compensation insurance company. Injured workers can switch QRCs without question up to 60 days after a rehabilitation plan has been filed with the Minnesota Department of Labor and Industry. After that point, it is extremely difficult to change your QRC.
If you have work restrictions and are not able to do the job you had when you were injured or the insurance company has recommended a QRC for you, please contact our office for additional advice unique to your circumstances. We can assist in making sure you are set up with a QRC that is right for your case.