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St. Paul Workers’ Compensation Lawyer

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When you have been injured at work, you should be able to rely on your employer’s workers’ compensation insurance coverage to provide you with specific benefits while you recuperate from your injuries. However, many employees are shocked to find that obtaining approval for St. Paul workers’ compensation can be far more challenging than they thought it would be.

Some workers have even been discouraged from applying for workers’ compensation benefits by their employers. Sadly, this is not at all uncommon. You may need an experienced St. Paul workers’ compensation attorney at Kemmitt, Sanford & Kramer to take on your case and get you the approval you need to get through these tough times in your life.

When to Call Kemmitt, Sanford & Kramer

Are you having trouble deciding how to select your workers’ compensation attorney in St. Paul? Here are some of the benefits you get when you choose to work with Kemmitt, Sanford & Kramer:

  • Personalized representation
  • The ability to schedule hospital or home visits upon request
  • No fees or hidden costs unless we win your claim
  • Open and honest communication with your workers’ comp attorney
  • The legal representation of experienced litigators who have secured millions of dollars in benefits

How Does Workers’ Compensation Work in St. Paul?

When you have been injured in a work accident, you may be unsure of what to do next. Immediately after your injury, it is important that you be seen by a medical provider. Even if you feel like your injuries are minor, it is important that you be seen as soon as possible. You may have invisible injuries that are not immediately noticed that could cause further damage if left untreated. Furthermore, a delay in getting seen by a health care provider could be damaging for your workers’ compensation case.

After you have been seen by a health care provider, you can contact an lawyer to discuss your workers’ compensation case. Your employer will likely have been under obligation to carry workers’ compensation coverage. You should have the right to file a claim under this policy if your injuries occurred at work and you are considered an employee of the company. The length of time that you have been employed with this particular employer and the number of hours that you work each week are irrelevant. All that matters is that your injury occurred at work and in the scope of your employment.

Once you have filed your workers’ compensation claim in St. Paul, you will need to wait for the insurance company to make a decision. But do not be surprised if the insurer denies your claim. It is not unusual for insurance companies to deny even the most deserving claimant. Some denials may be warranted, but many more are considered wrongful.

Am I Eligible for Workers’ Comp Benefits?

In Minnesota, nearly all employers are required to carry workers’ compensation insurance to their employees. This coverage pays for any injuries or occupational illnesses that happen when an employee suffers an injury at work or due to a work-related task. Most employees are eligible for coverage, even if they work on a part-time basis. 

If you are an eligible employee, it is important to remember that you can only claim workers’ compensation benefits if the injury or illness occurred during the course of your employment. For example, if you suffer an overexertion injury while lifting boxes at your warehouse job, you can pursue compensation. 

If you develop a chronic medical issue that develops due to exposure to a toxic chemical at work, you can also pursue benefits. You can even file workers’ compensation claims if you have a pre-existing condition that worsens due to your employment.

Workers Who Are Exempt from Workers’ Compensation Benefits

The majority of employees are eligible for benefits after a workplace injury or occupational illness. However, there are certain employees who are excluded from workers’ compensation coverage. 

If you work in any of the following positions or meet any of the following criteria, you are generally not eligible for benefits under workers’ comp:

  • You are an employee who earns less than $1,000 in a three-month period.
  • You are an independent contractor for the company, not an employee.
  • You are a farm laborer.
  • You work on a remote basis, not on site.
  • You are an employee who is a family member of the employer.
  • You are a business owner, such as a sole proprietor or an owner of an LLC.

 

The above exempt employees and workers are financially responsible for any occupational harm that they suffer. However, if your injury happens due to the negligence of another person, you may want to pursue a personal injury lawsuit against the responsible party. For example, if you are hurt in a car accident while running errands for the company, you could pursue an insurance claim or lawsuit against the at-fault driver.

If you are not eligible for workers’ compensation benefits, you may want to consult with a St. Paul workers’ comp lawyer about your options. An attorney can assess your case and help you plan your next steps. 

Workplace Injuries That Happen Offsite

In certain situations, you may be eligible for compensation if you were injured at an offsite location while performing your work-related duties. For example, if you were running a work-related errand and were injured in a motor vehicle accident, you could pursue a workers’ compensation claim. Injuries that happen during business trips and work-related travel are also covered.

You could also be eligible for compensation if you are injured on company property. For example, if you are walking to your car and slip and fall in the parking lot, you could pursue a workers’ compensation claim. 

There are many different scenarios where an offsite injury may lead to a workers’ comp claim. However, it is important to remember that these cases can be very complex. It is important to consult with a St. Paul workers’ compensation lawyer about your legal options and how to build a strong case for your right to benefits.

When Could Your Claim for St. Paul Workers’ Compensation Be Denied?

There are many situations in which you might find that your claim for St. Paul workers’ compensation benefits is denied. For some people, a lack of adequate medical documentation, errors in the application, and other minor mistakes can all cause denials. But these can also be easily fixed. There are other instances in which your claim for benefits might be denied. Some of the more common reasons for workers’ compensation claims to be denied in St. Paul include:

  • The insurance company has sent you to their own doctor and he or she says you don’t qualify for benefits
  • Lack of proper medical documentation
  • Failure to provide other types of supporting documentation
  • The insurance company says you have a pre-existing or degenerative condition
  • The insurance company says you’ve fully recovered and can return to work
  • Making mistakes on the first report of injury

 

These are only a few of the more common reasons given for workers’ compensation denials. If your workers’ compensation claim has been denied for a reason not listed on this page, you may still have grounds for an appeal. Find out how to go about fighting back when your claim has been denied when you contact our office for a free consultation.

What Benefits Are Included in Workers Compensation?

When you have suffered an injury at work, you should not be expected to cover the costs associated with your injuries. Your employers workers’ compensation insurance provider will be required to provide you with many different types of benefits, including:

  • Complete coverage of your injury-related medical expenses both current and in the future
  • Disability benefits amounting to approximately 66 percent of your average weekly salary
  • Vocational rehabilitation benefits for people whose injuries are so severe they are unable to return to the same line of work
  • Death and dependency benefits for surviving family members of individuals who suffered fatal work injuries

You can learn more about what your weekly disability benefit allotment might be, and what other workers’ comp benefits you could collect in St. Paul when you reach out to our office for a free case review.

How to Handle a Denied St. Paul Workers’ Comp Claim

If your St. Paul workers’ compensation claim has been denied, you have the right to appeal. You have the opportunity to file an appeal with the Minnesota Department of Labor & Industry. Here, you will have the opportunity to plead your case and attempt to get the denial reversed.

It is also possible that your appeal will need to be heard before the Office of Administrative Hearings. This is the level at which a judge will review the details of your case to determine whether you should get your workers’ comp claim approved.

Thankfully, the vast majority of workers’ comp lawsuits are resolved with the Minnesota Department of labor & industry. However, it is critical that you have a dedicated St. Paul workers’ compensation attorney who is prepared to represent you no matter how far your appeal has to go.

Get Help From a Workers Compensation Lawyer in St. Paul

When your work-related injury prevents you from being able to earn a living and you are unsure of how you are going to survive, get help accessing the St. Paul workers’ compensation benefits that are rightfully yours.

For help making the insurance company pay, reach out to an experienced St. Paul workers’ compensation lawyer at Kemmitt, Sanford & Kramer. Schedule your no-cost, risk-free claim review when you call our office at (877) 630-7338. Or fill out our online contact form, and we will reach out to you to learn more about your on-the-job injury.

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