Not all workers compensation cases in Minnesota are accepted by insurance companies. Even if the insurer accepts liability, it may not pay benefits, or it may discontinue your benefits after initially paying them. If you have been injured on the job there are important Minnesota workers rights you have under the law.

Initial Denials
MN worker comp cases that are denied from the outset are stated on a Notice of Primary Liability Determination. This is a document that the insurer completes and mails to the employee after receiving the First Report of Injury from the employer. If liability is accepted, it means that your claim has been approved. If liability is denied, it will state so, and it means that no benefits will voluntarily be paid.

• Appealing
If liability is denied, and you wish to make a claim for workers’ compensation benefits, you can appeal the denial by filing Employee’s Claim Petition with the Minnesota Department of Labor. The Claim Petition initiates a claim for benefits. If you are unable to work because of your injury, or cannot work as much or in the same capacity, then you can claim wage loss benefits. If you need medical treatment for your work injury, then you can make a claim for this. If you need vocational rehabilitee assistance, you can claims this, as well.

Denials After Benefit Payments
Workers’ compensation benefits are “cut off” at a certain point. This can be for a valid reason, such as the employee does not need wage loss benefits because he has returned to his job, or the employee does not need medical treatment because he is completely healed—or it can be for an invalid reason. If the denial was not made for what you consider to be a valid reason, you should consult an attorney to appeal.

• Appealing the Denial of Medical Benefits
If medical treatment is denied, you can appeal by filing a Claim Petition, or by filing a Medical Request with the Minnesota Department of Labor. This document claims that past medical bills get paid, or that recommended medical treatment be approved. It can also claim an employee’s expenses to medical appointments, such as mileage and parking. After filing the Medical Request, a conference will be held at the Department of Labor with a mediator who will approve or deny the request.

• Appealing the Denial of Wage Loss Benefits
If you are receiving wage loss benefits, and the insurance company seeks to terminate these, the insurance company notifies you in writing by sending you a Notice of Intention to Discontinue Workers’ Compensation Benefits. You can appeal this by making a written, in-person, or telephone request to the Department of Labor for an administrative conference. There are time limits for doing this. At the administrative conference, a workers’ compensation judge will meet with the worker and his or her attorney, and the insurance claims adjuster or defense attorney. The judge will hear both sides of the issue and make a ruling based on workers compensation laws Minnesota statutes and case law.

Having an attorney to help with your MN workers compensation case can help immensely in many ways. Being injured at work can be a stressful and traumatic event. In many cases, and injured worker does not know what to do, and the employer is of little help. There are many Minnesota workers compensation laws that cover an injured employee and dictate what medical and wage benefits are available.

Dealing with Insurance Companies
After you report an injury to your employer, the employer is supposed to complete a First Report of Injury and send it to its workers’ compensation insurance company. The insurance company then issues a Notice of Primary Liability Determination. This document either admits or denies liability for your injury. If liability is denied, you will need an attorney to pursue a claim for benefits. If liability is admitted, you should have an attorney explain the benefits that you are entitled to.

Making Claims
If an insurance company discontinues paying wage loss or medical benefits for an unfair reason, you will need an attorney to help reinstate your benefits. There are several different claims to make, and each requires a different form. The common forms and claims are as follows:

• Employee’s Claim Petition
If any workers’ compensation benefits are denied, then the employee’s attorney can file a Claim Petition with the Department of Labor. This initiates a claim for benefits, including wage loss benefits, medical benefits, vocational rehabilitation benefits, disability benefits, and reimbursement for mileage and parking.

• Medical Request
If medical treatment is disputed, the employee’s attorney can file a document called a “Medical Request” with the Department of Labor. This can claim that past medical bills get paid, or that recommended medical treatment be approved.

• Rehabilitation Request
Attorneys can also request vocational rehabilitation services or payments by filing a “Rehabilitation Request” with the Department of Labor. Common rehabilitation claims are for QRC services and mileage reimbursement related to job search activities.

Representing Employees at Appearances
After a claim is filed, there will be scheduled events that the employee must attend. It is never a good idea to not have an attorney with you.

• Conferences
If a Medical Request or a Rehabilitation Request is filed, there will be a conference at the Department of Labor. During this conference, a mediator will meet with the employee and attorney, and claims adjuster or defense attorney to hear both sides of the issue. Having an attorney state your arguments for you is critical.

• Depositions
A deposition is a process where the defense attorney is able to ask you questions under oath, but outside of a courtroom. It usually occurs at you attorney’s law office. It is crucial to have your attorney prepare you for this experience, and sit next to you during the process to make objections to the questions, if necessary.

• Hearings
A hearing in a workers’ compensation case is a trial. You will need an attorney at the trial to make an opening statement, introduce exhibits, take testimony, and make legal arguments.

If you suffered an injury on the job please contact us and one of our work injury lawyers in Minnesota will discuss your case at no charge and help you with your legal options.

Under the Minnesota Workers Compensation Act, some injured workers are eligible to be retrained in a different profession after suffering a work-related injury. “Retraining” in the workers’ compensation context is a formal course of study in a school setting that is designed to train an employee to return to suitable gainful employment. Retraining is different from other types of rehabilitation benefits in that an individual who have been approved to participate in a retraining program is entitled to receive weekly compensation benefits that are equal to temporary total disability benefits, for up to 3 years while participating in the program. If you have any questions regarding retraining please contact us and a Minneapolis workers compensation lawyer can help explain your legal options.

Who is eligible for retraining?
The purpose of retraining is to “train an employee so he may be returned to a job related to his former employment or to a job in another work area which produces an economic status as close as possible to that he would have enjoyed without the disability.” Jerde v. Adolfson & Peterson, 484 N.W.2d 793, 795 (Minn. 1992). The Minnesota Supreme Court has held that retraining is necessary if it will materially assist the employee in restoring an impaired earning capacity. Norby v. Arctic Enter., Inc., 232 N.W.2d 772, 775 (Minn. 1975). Factors to consider in determining whether an employee is eligible for retraining include the following:

1. the reasonableness of retraining compared to the employee’s return to work with the employer or through job placement activities;
2. the likelihood of the employee succeeding in a formal course of study given the employee’s abilities and interests;
3. the likelihood that retraining will result in a reasonably attainable employment; and
4. the likelihood that retraining will produce an economic status as close as possible to that which the employee would have enjoyed without the disability.

Poole v. Farmstead Foods, 42 W.C.D. 970, 978 (1989); Rutledge v. Control Data Corp., slip op. (W.C.C.A. September 20, 1991).

What is the time limit for bringing a claim for retraining?
Minnesota workmans compensation law provides that requests for retraining must be filed before 208 weeks of any combination of temporary total disability or temporary partial disability benefits have been paid.

Employers and insurers have the obligation to notify an employee in writing of this 208 week limitation for filing a request for retraining. The notice must be given before 80 weeks of temporary total disability or temporary partial disability compensation have been paid, regardless of the number of weeks that have elapsed since the date of injury. If the notice is not given before the 80 weeks, the period of time to file a request for retraining is extended by the number of days the notice is late, but in no event may a request be filed later than 225 weeks after any combination of temporary total disability or temporary partial disability compensation have been paid. Please contact us if you need help with medical benefits or wage loss a Minnesota workers compensation attorney at Fields Law Firm is ready to help.

There are several different types of benefits available in Minnesota for injured workers. These are state-mandated benefits by the Legislature that are set forth in the Minnesota Workers’ Compensation Act. The main Minnesota workmans comp benefits are as follows:

Medical Benefits
Workers who suffer a work-related injury may receive medical treatment and their employer and its workers’ compensation insurer must pay for it. There are two requirements for this treatment: (1) the medical treatment must be reasonable and necessary to treat he employee’s conditions; and (2) the medical treatment must be causally related to the work injury. As long as these two conditions are met, employees have a right to choose a doctor to treat them. Employees do not have to treat with a doctor who the workers’ compensation insurance company designates.

Wage Benefits
There are three types of wage loss benefits under the Minnesota Worker Comp Act:

• Temporary Total Disability
Employees who are completely unable to work because of a work injury are entitled to Temporary Total Disability (“TTD”) payments. This amount is calculated based on the employee’s average weekly gross wages from the 26 weeks prior to the work injury. The payment amount is 2/3 of this average weekly wage, and it is capped at $750 per week for injuries that occurred October 1, 2000 to September 30, 2008, and $850 per week for injuries that occur on or after October 1, 2008.

• Temporary Partial Disability
Employees who are able to work—but not as much or at a lesser paying position—are entitled to Temporary Partial Disability (“TPD”) payments. This amount is also calculated based on the employee’s average weekly gross wage for the 26 weeks prior to the injury. The compensation rate is 2/3 of the difference between what the employee earned at the time of the work injury, and what the employee is earning at the lesser paying job.

• Permanent Total Disability
Permanent Total Disability (“PTD”) benefits are available for workers who cannot work at anything other than sporadic employment. There are several requirements to meet this standard, though, which are complex and require expert medical and vocational opinions to meet. In cases where an employee suffers from a permanent and total disability, in addition to paying benefits to the employee, the employer must pay for the reasonable value of nursing services provided by a member of the employee’s family.

Vocational Rehabilitation Benefits
Vocational rehabilitation benefits are available under the Minnesota Workers Compensation Act. These benefits include an initial consultation with Qualified Rehabilitation Consultant (“QRC”). And, for employees who are eligible for rehabilitation benefits, medical case management from the QRC (the QRC comes to your doctor appointments and clarifies work restrictions), job search assistance from the QRC if the employee is not able to return to the same employer after an injury, and, for some employees, retraining benefits if they are not able to return to the same profession. If you have any questions regarding Minnesota disability benefits please contact us and a Minnesota workers compensation lawyer with Fields Law Firm can help.

The state of Minnesota mandates workers compensation benefits to employee who sustain a personal injury or occupational disease arising out of and in the course of their employment in Minnesota, or working for a Minnesota company outside of this state. There are four main types of MN workers compensation benefits:

1. Medical Benefits

Medical treatment is available for injured workers. Injured workers are entitled to choose their own treating doctor and any emergency treatment facility. Nonemergency surgeries must be preapproved by the workers’ compensation insurer.

2. Rehabilitation Benefits

Rehabilitation benefits are available for some employees who sustain an injury at work. These are vocational rehabilitation benefits; physical rehabilitation benefits are available too, but are covered under the medical benefits. The goal of rehabilitation is to return an injured worker to suitable employment after the injury.

3. Wage Loss benefits

There are several wage loss benefits available to injured workers:

• Temporary Total Disability
Employees who are completely unable to work are entitled to Temporary Total Disability payments. The payment amount is 2/3 of an employee’s average weekly wage, and it is capped at $850 per week for injuries that occur on or after October 1, 2008.

• Temporary Partial Disability
Employees who are able to work—but not as much or at a lesser paying position—are entitled to Temporary Partial Disability payments. The compensation rate is 2/3 of the difference between what the employee earned at the time of the work injury, and what the employee is earning at the lesser paying job.

• Permanent Total Disability
Permanent Total Disability benefits are available for workers who cannot work at anything other than sporadic employment.

4. Permanent Partial Disability Benefits

If an employee’s injury has reached maximum medical improvement—meaning the date at which no further significant recover can be anticipated—and part of that injury is permanent in nature, the employee may be entitled to a Permanent Partial Disability payment. The amount of this payment depends on the nature and extent of the employee’s condition, and is set forth in the Minnesota Workers’ Compensation Act.

Minnesota Work Comp Procedure
An insurer will not always approve of these benefits.

If any workers’ compensation benefits are denied, then the employee can file a Claim Petition with the Department of Labor. This initiates a claim for benefits, including wage loss benefits, medical benefits, vocational rehabilitation benefits, disability benefits, and reimbursement for mileage and parking.

An employee can also file a Medical Request if medical treatment is disputed. This can claim that past medical bills be paid, or that recommended medical treatment be approved.

Employees can also request vocational rehabilitation services or payments by filing a Rehabilitation Request with the Department of Labor. Common rehabilitation claims are for QRC services and mileage reimbursement related to job search activities. Please contact us if you have been injured on the job. We have a Minnesota workers compensation attorney ready to help answer any of your questions. There is never any charge to speak to one of our attorneys.

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.