February 8, 2012

Minnesota Workers Compensation

May 28, 2010 By admin

Workers Compensation Medical Benefits are one of the main benefits of the Minnesota Workers Compensation Act. The Minnesota Workers’ Compensation Act specifically requires an employer’s workers’ compensation insurer to pay for an employee’s medical treatment that is necessary to treat a work injury.

First Treatment after an Injury
If you are injured at work, you have a right to seek medical treatment immediately. You do not have to finish your shift or wait until you get home. In addition, you have a right to choose where you initially treat. Some employers have a clinic on the worksite or a contract with a local clinic to treat their employees. If you wish to treat there initially, that is fine, but you have a choice. Do not believe that this employer-approved clinic is the “only” clinic where you can treat.

Who picks my treating doctor—me or the insurance company?
Under the MN work comp system, employees have a right to choose a doctor to treat them. You do not have to treat with a doctor who the workers’ compensation insurance company designates. The insurer must pay your doctor for this treatment; the insurer cannot claim the doctor is “out of network” or other excuse that medical insurers use.

Second Opinions
Under the Minnesota Workers’ Compensation Act, an employer may require an employee to get an opinion from a different doctor if the employee’s treating doctor has recommended a non-emergency surgery. This is called a “second opinion.” It is not allowed if the employee requires emergency surgery.

Independent Medical Exams
An injured employee must submit to an examination with a doctor picked by the employer and its workers’ compensation insurer if one is requested by the employer and its workers’ compensation insurer. This is typically called an “Independent Medical Examination,” but we who represent employees call them “Adverse Medical Examinations” because the so-called independent doctor’s opinion is typically adverse to your treating doctor’s opinion.

The Independent Medical Examiner is not hired to treat an employee. He is only hired to examine the employee and any medical records. After the exam, the doctor will write a report summarizing his examination and stating his findings and conclusions.

The Minnesota Workers Compensation Act does not limit an Independent Medical Exam to a one-time exam. The statute states that an examination may take place at the employer’s request at reasonable times after an initial independent medical exam. The issue of what constitutes “reasonable times” thereafter is a fact question that is decided on a case-by-case basis.

The employer must pay an employee’s reasonable travel expenses incurred attending the exam including mileage, parking, and, if necessary, lodging and meals. The employee must also pay the employee for any lost wages resulting from attending the exam. If you were injured on the job please contact us and one of our Minnesota work comp attorneys will help explain your rights.

Filed Under: Minnesota Workers Compensation News

Minnesota Disability Benefits

May 25, 2010 By admin

SSDI Minnesota Disability Benefits are available for some disabled individuals. These SSDI disability benefits are available for people who have paid Social Security taxes and worked long enough, and have worked recent enough, before becoming “disabled” under Social Security’s definition. In other words, people must meet the earnings tests and have a disability that meets Social Security’s definition to receive SSDI disability benefits.

• Disability Definition
Social Security defines “Disability” as a medical condition that has lasted, or is expected to last at least one year, and that prevents you from engaging in any substantial gainful activity, or a medical condition that is expected to result in death. This is a very strict definition of “disability” required by federal law for SSDI disability benefits.

Social Security also has a Listing of Impairments that are considered so severe that they automatically qualify a person for SSDI Minnesota disability benefits. If your medical condition is listed on the Listing of Impairments, or meets a condition on this list, then you will be considered disabled. There are Listings for many different types of impairments and conditions. Our attorneys provide Minnesota disability services throughout the state of MN.

• Disability Work Credits
In general, to get SSDI disability benefits, you must meet two different earnings tests:

1. A “recent work” test based on your age at the time you became disabled, which generally requires that people have worked five out of the 10 yeas before they become disable; and
2. A “duration of work” test to show that you worked long enough under Social Security’s rules, which generally requires that you have an average of six years of work if you are between ages 30 and 60. People ages 27 and younger need 1 ½ years of work. Certain blind workers have to meet only the “duration of work” test

Types of SSDI Disability Benefits:

• Money Benefits
People who are approved for SSDI disability benefits will receive a check each month they are disabled. The amount depends on how much they have paid in Social Security taxes when they were working.

• Medical Benefits
People who are approved for SSDI disability benefits will receive Medicare automatically after they have received SSDI disability benefits disability benefits for two years. Medicare is public health insurance that will pay for medical treatment.

Why apply for MN SSDI Benefits?
While working, you paid taxes into Social Security for the event that you would become disabled. Many people do not consider becoming disabled; however, when it happens, it is best to recoup the money you paid into the Social Security system. It is also important that you apply for SSDI disability benefits right away after becoming disabled so that your work credits are recent. Our MN disability lawyers offer a free no-obligation consultation if you need help with an SSDI application or appealing a denial.

Filed Under: Minnesota Disability News