Practicing law in Borderland since 1969
 
 

Workers' Compensation Q & A

  • What Is A Work Injury?
  • When Should I File A Workers' Compensation Claim?
  • When Should I Notify Your Employer?
  • To What Types of Benefits Am I Entitled?
  • Can An Employer Fire Me For Filing A Workers' Compensation Claim?
  • What Can I Do If I Have Been Threatened Or Fired?
  • Can An Insurance Company Cut Off Paying Benefits?
  • Why Should I Seek An Attorney's Assistance?

What Is A Work Injury?

The work injury is any physical injury or disease that results from your job duties or work environment. It does not include self-inflicted injuries, injuries from attacks by others not related to employment, or injuries resulting from self-intoxication.

When Should I File A Workers' Compensation Claim?

  • if you think you have suffered a work-related injury, you should immediately notify your employer, in writing
  • the Statute of Limitations (the time within which you must file a claim in contested cases) varies depending on the circumstances; it is recommended that you immediately consult with a knowledgeable professional if you believe you have a claim

When Should I Notify My Employer?

Promptly notify your employer of the injury even if they do not have workers' compensation insurance.

What Types of Benefits Am I Entitled To?

  • two-thirds of your wage loss if you missed work due to a work-related injury, known as temporary total disability (TTD). However, TTD benefits are limited by many factors
  • permanent partial disability (PPD) if the injury results in a permanent disability
  • reasonable medical and rehabilitation expenses incurred for the care and treatment of your injury, re-training, and permanent and total disability

Can An Employer Fire Me For Filing A Workers' Compensation Claim?

No - there are repercussions for employers that attempt retaliatory firings of injured employees.

What Can I Do If I Have Been Threatened Or Fired?

  • talk with an attorney
  • compile all records regarding your employment

Can An Insurance Company Cut Off Paying For Benefits?

The company must send you a Notice of Intention to Discontinue Benefits stating the reasons why your benefits are being stopped; if properly requested, an administrative conference will be held shortly thereafter to determine if your benefits were inappropriately stopped.

Why Should I Seek An Attorney's Assistance?

Workers' Compensation Law in Minnesota is complex and varies considerably depending on when you were injured. In order to completely understand your rights and make sure you are receiving all the benefits to which you are entitled, it is highly recommended that you consult an attorney knowledgeable in Workers' Compensation Law. Shermoen & Jaksa will not charge you for an initial consultation and will not charge any fees unless they recover benefits for you, if you are not receiving all of the benefits to which you are entitled. All attorney fees in Workers' Compensation cases are regulated by the law and must be approved by a Compensation Judge.

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