Minnesota Workers’ Comp Law

Workers’ compensation law has a degree of complexity to it. What most people know is that you can apply for benefits when you are injured at work and can prove that that’s where the injury occurred. However, there are other aspects of the law, such as your ability to apply for permanent partial disability or permanent total disability, just to name a couple of the benefit types. If you apply for the wrong benefit, you could find yourself getting less than you are entitled to or going back to work before you are recovered.

There are also other elements of the law, such as an employer or insurance company not intentionally interfering with your right to apply for benefits. Your employer can’t fire you for applying, nor can they discriminate in any way. They must also carry workers’ comp insurance unless they are exempt in some way. Insurance companies also can’t interfere with the process. They have duties that they must fulfill.

If you have been injured on the job, the laws are there to protect you so you can obtain the benefits needed. To make sure your rights are protected, you can hire a Minneapolis workers’ comp attorney to represent your interests and your future. This will remove a great deal of stress from your shoulders as you move through the workers’ comp process.

Help With Your Responsibilities

You do have specific responsibilities under the law. For instance, you need to report the injury to your employer as soon as possible so they can provide you with instructions on what your next steps can be. You can also talk to your attorney for guidance in the process and for advocacy when you need it.

Your attorney can also help you determine the benefit type that will help you. The type of benefit is based off of the disability. You have permanent total disability (PTD, permanent partial disability (PPD), temporary partial disability (TPD), and temporary total disability (TTD). It is important to receive the right type so that you receive benefits for the right period of time.

You also need to make sure you seek medical treatment. The law says you make the initial choice of physician. However, you might have to visit a managed care plan (MCP) doctor if there is one in place. That is unless you’ve already formed a relationship with a doctor not in the MCP. A relationship is determined when the injured employee has seen the doctor twice within two years.

Making Sure Your Rights Are Realized

There is a three-day wait if you are to receive TTD and the compensation is retroactive if the injury existed for 10 days after the date of injury. The law also says that your attorney can’t charge over a specific amount. For instance, not more than 25% for the first $4,000 in fees and not more than 20% for the next $60,000.

If your claim is denied, then your Minneapolis workers’ comp attorney can follow the correct course of action to right the matter. Sometimes the claim is denied because a little more information is needed. Other times, it is more complicated and a hearing may be needed. If the claim is still not approved, the decision of the judge can be challenged in order to secure approval. If necessary, your claim can be taken as far as need be in order for you to secure the benefits you need.

Contact A Minneapolis Worker’s Comp Attorney

Minnesota’s workers’ compensation law is designed to protect injured workers and not the employers. However, employers and insurance companies can violate the law by discouraging injured workers from applying for workers’ comp benefits. This is against the law, as is discriminating in any way and interfering with the process. If you have been injured on the job, you may have a workers’ compensation claim. To learn more about what Fishman, Carp, Bescheinen & Van Berkom, LTD can do for you, call 952-546-6000 to schedule a free consultation.