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You might be surprised to learn that work injuries are far more common than you previously thought. It is not unusual for people working in any industry to get injured on-the-job. Thankfully, the state of Minnesota requires the vast majority of employers to protect their employees. Most employers are obligated to carry workers’ compensation insurance policies that provide specific benefits to work injury victims.

However, getting your Minneapolis workers’ compensation claim approved will likely be challenging. Insurance companies lose money by paying out on claims, and you can expect them to try to get out of paying you the benefits that you deserve. For this reason, you may need a dedicated Minneapolis workers’ compensation lawyer at Kemmitt, Stanford & Kramer to help. Find out how we could assist you in getting your workers’ comp claim approved when you schedule your free consultation.

Workers’ Compensation Resources

Why Get Help From Kemmitt, Sanford & Kramer?

Choosing the right attorney for help with your Minneapolis workers’ compensation claim can be difficult. Here are a few reasons why Kemmitt, Sanford & Kramer could be the right one for your claim:

  • Our consultations are always free, and we are willing to schedule yours at your home or hospital bed if necessary.
  • We maintain a strong line of communication that our clients can count on for updates about their case.
  • There are never any costs or fees that you need to pay upfront because we work on contingency.
  • Collectively, we have recovered more than $10 million in Minneapolis workers’ compensation benefits for injured employees.

Who Qualifies for Workers’ Compensation in Minneapolis?

There are many common misconceptions about Minneapolis workers’ compensation. The first is that you need to have been working with your employer for a minimum of ninety days in order to qualify for workers’ compensation benefits. But this is not the case. Under the law, the majority of employers in Minnesota are required to carry workers’ compensation insurance coverage to protect their employees. This protection needs to be in place as you begin your first day of work, not three months later.

Many people are also under the impression that they need to work full-time hours in order to be eligible for workers’ compensation benefits in Minnesota. But this is also not the case. Anybody working under forty hours per week or part-time hours should also be protected by their employers workers’ compensation insurance policy.

You might qualify for workers’ compensation in Minneapolis if you were involved in a work accident or suffered a work-related injury. However, you can expect the insurance company to try to deny your claim, even if you are deserving of benefits. Have your attorney handle the negotiations with the insurance company to minimize the likelihood of a Minneapolis workers’ compensation denial.

minnesota workers' comp lawyer

What Do Minneapolis Workers’ Comp Benefits Consist of?

There are several different types of workers’ compensation benefits that you could collect if your claim is approved. These include:

Common Types of Workplace Injuries

According to the United States Bureau of Labor Statistics, millions of workplace injuries occur each year. Thousands of people develop temporary and partial impairments as a result of these injuries. Devastating fatalities also occur. 

Some of the most common types of workplace injuries include overexertion, falls, burns, and lacerations. If you suffer any type of accident on the job, it is critical to seek medical attention as soon as you possibly can. 

Overexertion Injuries

Many workplace injuries occur due to overexertion of muscles and soft tissues. For example, a worker may develop back strain if he or she lifts heavy objects multiple times per day. Repetitive injuries, such as carpal tunnel syndrome and tendonitis, may also occur. 

Overexertion injuries can be very painful and require extensive treatment and recovery. They can make it difficult to perform your job and may prevent you from returning to work for a long time.

Motor Vehicle Incidents

Many employees operate vehicles as part of their jobs, such as truck drivers, construction employees, and private transportation workers. In some cases, these employees get into motor vehicle accidents and suffer from very serious injuries.

The following are some of the most common injuries in work-related car accidents.

  • Whiplash
  • Spinal cord injuries
  • Broken bones and fractures
  • Abrasions
  • Internal organ damage
  • Facial injuries
  • Amputated or mangled limbs
  • Traumatic brain injuries
  • Neck and back injuries

 

Burn Injuries

Fires and explosions can occur on many work sites, such as construction accidents and restaurants. While protective equipment and safety regulations can prevent these incidents, accidents can occur and employees may suffer from painful burn injuries.

Depending on the degree of the injury, burns can be extremely painful and result in permanent scarring. You may require reconstructive surgeries to heal from the burn, and it could take a long time for you to return to work. 

Lacerations

Lacerations are common injuries, especially for employees in manufacturing, warehousing, and construction. You could suffer a cut or puncture wound due to equipment, heavy machines, tools, plants, animals, and utensils, for example. 

Cuts can be relatively minor injuries that heal quickly with minimal intervention. However, some employees can experience deep and serious lacerations that require stitches and emergency medical care. 

Slips, Trips, or Falls

Many employees slip, trip, and fall on objects and surfaces in Minnesota workplaces, such as healthcare facilities. Slippery floors, poorly secured scaffolding and ladders, uneven surfaces, and improperly placed objects can all contribute to these accidents.

There are many types of injuries that can occur after a workplace slip and fall, such as the following.

  • Tailbone injuries
  • Soft tissue damage
  • Broken bones and fractures
  • Traumatic brain damage
  • Spinal cord injuries and paralysis

How Much Money Can You Receive in a Workers’ Compensation Claim?

Benefits in workers’ compensation claims are highly individual. The amount of compensation that you will receive will depend on the injuries that you experienced. Generally, you will receive a higher amount for severe injuries and a lower amount for minor injuries. 

In a workers’ compensation claim, you are entitled to receive compensation for any and all necessary medical care for your workplace injury. You could also recover benefits for transportation for medical treatment and job retraining. If you lost a loved one due to a workplace accident, you could pursue a claim for death benefits.

You can recover compensation for disability benefits, depending on the severity of your injury. There are two categories of disability payments in Minnesota: permanent disability and temporary disability.

Temporary Disability Benefits in Minnesota

You can recover temporary disability benefits if you are temporarily unable to work while recovering from your injury. If you take less than 10 days off work, you must wait three days before you can receive these benefits.

There are two types of temporary disability benefits.

  • Temporary Total Disability: If you are unable to work completely while recovering from your injury, you can recover up to two-thirds of your average weekly wage. You can recover up to a maximum amount defined by the state. These benefits will stop when you return to work, 90 days after you reach maximum medical improvement (MMI) or have received payments for 130 weeks.
  • Temporary Partial Disability: You can recover temporary partial disability benefits if you are able to perform some work after your accident. However, you are earning less than you did before your accident due to your injury. You can receive two-thirds the difference of your pre-injury wages, up to a certain amount.

 

Permanent Disability Benefits in Minnesota

You may recover permanent disability benefits if you have reached MMI and have ongoing impairment due to your workplace injuries. Depending on the severity of your injuries, you could recover permanent total or partial disability benefits.

  • Permanent Partial Disability: When you reach MMI, your doctor will evaluate your injury and provide you with a percentage known as the total body impairment rating. If you have a partial disability, this rating will determine the amount of compensation you should receive. To calculate your payments, the insurer will multiply your rating by a dollar amount that appears on a compensation schedule. 
  • Permanent Total Disability: If you can no longer work due to the severity of your injury, you could recover permanent total disability benefits. You may qualify for these benefits if you: are completely blind; are completely paralyzed; have permanently lost both arms or legs at the shoulders or hips; or have lost your mental faculties. Your payments will equal two-thirds of your pre-injury wages up to a certain limit. 

How to File a Workers’ Compensation Claim in Minnesota

There are several steps that you will need to take in order to file a workers’ compensation claim in Minnesota. First, you will need to notify your employer within 14 days of your injury. Depending on your case, you could file up to 30 days after your accident, but it is always best to provide notice as soon as possible.

Next, seek medical attention as soon as possible and inform your physician that you suffered a workplace injury. Save all of your medical records for evidence. If you need emergency care, you can visit any doctor. In non-emergency situations, you could visit any provider unless your employer has a state-certified managed health plan. Your employer is required to inform you if this is the case.

When you report your accident to your employer, he or she must complete a form called the First Report of Injury and send it to you and the insurance company. Then, the insurance company will review your claim and file a report with the Minnesota Department of Labor & Industry (MDLI) within 10 days.

The insurance company must then issue a decision about your claim within 14 days. If the insurer denies your case, you could pursue an appeal with the MDLI. A workers’ compensation lawyer from Kemmitt, Sanford & Kramer can guide you through each stage of your case and help you secure the compensation that you deserve.

What Happens If Your Employer Does Not Have Insurance?

Most Minneapolis employers must carry workers’ compensation coverage. If your employer fails to offer this insurance despite legal requirements, he or she could be liable for any injuries that occur on the job. In situations where your employer does not have workers’ compensation insurance, it is important to speak with a lawyer about your options for litigation.

What to Do If You Are Injured on the Job

The moments after a workplace injury can feel scary and overwhelming. In these situations, it is important to seek the help that you need. Once you have received medical care, you can begin to collect evidence and take your first steps toward filing a claim.

  • First, go to the hospital and receive treatment. In an emergency situation, you can visit any provider. You can choose your physician in non-emergency cases unless your employer has a state-certified managed health plan.
  • Next, report your accident to your employer as soon as possible. Contact a Minneapolis workers’ compensation lawyer who can represent your interests and begin gathering evidence for your claim.
  • Document as much evidence as possible about your workplace accident. If possible, take photographs and videos of your injuries and the accident scene. Speak to any witnesses who saw the accident occur and see if they have any evidence.
  • Wait for the insurance company to issue a decision and discuss your options with an attorney. Your lawyer may be able to represent you in an appeal if you do not agree with the company’s decision.

Contact a Workers’ Compensation Attorney in Minneapolis Today

If you have been seriously injured in a work accident and you need access to the workers’ compensation benefits that are rightfully yours, reach out to an experienced Minneapolis workers’ compensation attorney at Kemmitt, Sanford & Kramer. Schedule your free, no-obligation consultation when you fill out our online contact form or give our office a call at (866) 430-3430.

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