Any 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 (i.e., a fall at work), injuries that result from repetitive job duties over time, occupational exposure to chemicals/substances, and psychological injuries.
Minnesota has a range of industries reporting the highest number of work-related accidents and illnesses yearly.
While certain industries are more susceptible to workplace injuries, any employee can suffer from an injury at work that may result in the need for medical treatment, hospitalization or long-term care, wage loss, or hinder their ability to perform their job effectively.
Meshbesher & Spence is dedicated to supporting all Minnesotans, regardless of their profession. We strive to offer the highest level of support and service to ensure you receive the fair compensation you deserve.
Workers’ compensation in Minnesota is designed to provide benefits to employees who are injured on the job, regardless of whether they have pre-existing medical conditions. However, it can be more challenging to receive workers’ compensation benefits, and you will need to follow specific requirements when filing your claim if you have a pre-existing condition.
To file a claim for workers’ compensation in Minnesota, you must report the injury to your employer immediately or as soon as you are physically able to do so. Your employer must report the injury to their workers’ compensation insurance carrier within 10 days of learning you were injured and missed time from work.
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 act immediately on your behalf if and when a dispute occurs.
Even if you think the injury is minor at first, you must report the injury right away so the employer and insurer do not use a lack of report against you in the future. Here’s how to get started:
Our workers’ compensation attorneys can advise you on whether it makes sense to retain our services at that time or if you can wait.
If you sustain an injury at work, you should tell your employer immediately and request that a First Report of Injury form be completed. You should then seek medical attention as soon as possible with a doctor of your choice.
Your employer may ask you to see one of their doctors for an initial examination, but you have the right to choose your own doctor.
Be sure to tell your doctor that your symptoms are a result of a work injury and ask whether work restrictions are appropriate. You should then be sure to promptly provide your employer with a copy of any work restrictions your doctor gives you. It is important to follow all of your doctor’s instructions for care.
If you have been diagnosed with post-traumatic stress disorder (PTSD) as a result of your work duties, these steps will differ.
Workers’ compensation coverage is mandatory in Minnesota. This means that all employers are required to purchase a workers’ compensation policy or be self-insured for workers’ compensation claims.
Self-insured employers assume the risk for the workers’ compensation claims of their employees and fund the claims with their own monies. Commonly, large cities and municipalities will be self-insured for workers’ compensation (e.g., Minneapolis, St. Paul, Hennepin County, Dakota County).
Whether an employer has coverage through a third-party insurance company or funds its own claims has no effect on the benefits to which the injured worker is entitled.
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.
As of October 1, 2013, Minnesota recognized post traumatic stress disorder (PTSD) as a compensable injury. No other mental health conditions are 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.
For PTSD injuries occurring on or after January 1, 2019, first responders diagnosed with PTSD are entitled to a legal presumption, in recognition of the dangerous job duties they perform on a daily basis.
The laws regarding PTSD claims are constantly evolving and changing, and therefore these claims are complicated.
For PTSD injuries occurring on or after January 1, 2019, first responders diagnosed with PTSD are entitled to a legal presumption, in recognition of the dangerous job duties they perform on a daily basis. The laws regarding PTSD claims are constantly evolving and changing, and therefore these claims are complicated. Meshbesher & Spence workers’ compensation attorneys are highly experienced in this area, and available to discuss your options if you believe you are suffering from PTSD as a result of your work duties.
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