Going to work is a part of most peoples’ everyday life. And, while most people are not injured on the job, some are. It doesn’t matter if you work in an office or factory — if you’ve been injured while at your workplace, you are likely eligible to file a workers’ compensation claim to see workers’ compensation benefits for your injuries.
In addition to personal injuries, there are other types of situations that would qualify an employee for workers’ comp. These situations include qualified mental injuries or illness, occupational diseases, and repetitive-type injuries. While most employers have workers’ compensation coverage through their insurance company, filing a claim can still be a difficult process.
This is due to the fact that many insurance companies work hard to minimize claims in order to reduce how much they payout to the injured party. For example, you may file a claim that gets denied or delayed, forcing you to continue on without compensation. Luckily, the workers’ compensation attorneys at Florin|Roebig are here to help. We have years of experience in this area of law and a proven track record helping employees who’ve been injured on the job get the settlement they need and deserve to get back on their feet after an injury in the workplace. Give us a call today to see how our injury lawyers can help you through this challenging time.
When Would You Use Workers’ Comp?
Workers’ comp is a type of insurance coverage that is reserved for employee injuries or illnesses that occur at the workplace. Workers’ comp is used when an employee experiences, traumatic injuries, mental anguish, diseases caused by the workplace, and injuries as a result of repetitive activities. It can also be used for minor injuries; however, insurance companies are more likely to deny coverage for minor injuries than they are for more severe injuries incurred on the job.
In Minnesota, every employer is required to possess workers’ compensation coverage to ensure they are prepared in the event of a worker injury. Many Minnesota employers get their workers’ comp insurance coverage through a private insurance company like The Hartford, while others that have higher levels of risk go through the assigned pool risk offered by insurance agents.
If you’ve experienced a work injury of any kind, you are likely able to file a claim with your company’s insurance carrier to seek compensation for your injury. In an ideal situation, the insurance company will provide the appropriate settlement for your workplace injury, which may include coverage for medical bills, medical care, wage loss, disability benefits, retraining, and other things that have directly resulted from your work-related injury.
Injuries that are not covered by workers’ comp insurance include getting sick or injured outside of the workplace, if the employee was under the influence of drugs or alcohol when the accident happened, or if an employee intentionally hurts themselves in a work-related accident.
Workers’ Comp Claims Process
One of the first steps in the workers’ comp claims process is to notify your employer of the injury you have sustained in the workplace. This is typically done in writing so that documentation is available if needed. You should also notify the company’s workers’ compensation insurance carrier of the injury.
If you’ve been severely injured, it’s important to first seek medical attention before any of the previous steps. This ensures you get the appropriate health care needed to recover. It will also provide you with medical documentation that shows that your injury was a direct result of a workplace accident.
Once you’ve received medical treatment and have notified your employer in writing of the incident and your injuries, you should then fill out a claim form provided by your employer. Information to include on the claim form includes the type of injury and where on your body it occurred; the location and date of the injury; whether anyone else was involved in the incident; how the accident happened, and whether you’ve received any medical attention for your injuries.
While in most cases the employer and insurance company will handle everything else after you complete the claims form, it’s still important to keep tabs on the claim’s process and to regularly follow up with the insurance carrier. You should also keep detailed notes of every interaction you have with your employer and their insurance company in relation to your workers’ compensation case. Be sure to keep any out-of-pocket expenses you’ve incurred as a result of the accident as well as hardships and how the injury has affected your everyday life.
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When To Hire A Minnesota Workers’ Compensation Lawyer
There are several indicators that can mean hiring a workers’ comp attorney would be the best decision in your case. Some of these indicators include:
The insurance company denies that your injury happened in the workplace
If a person experiences a minor injury and does not report it to their employer immediately, they may be at risk of being denied by the workers’ compensation insurance company. This can also occur if you suffer a disease that occurred as a result of long-term exposure. Because the disease will likely develop over time, it can be hard to prove that it is a direct result of where you work and what you are exposed to in the workplace.
The insurance company denies your worker’s comp claim
Some insurance companies will flat out deny a workers’ claim and refuse to pay out the appropriate compensation to the injured employee. While this isn’t always the case, it does happen. If this happens to you and you feel that your claim is valid and should be accepted, you may want to consider hiring a Minnesota workers’ compensation attorney to fight on your behalf.
The insurance won’t cover your medical treatment
Even if a doctor deems it necessary that you seek medical treatment — especially long-term medical care — some insurance companies won’t cover this, even if it is truly necessary. For example, if you need rehabilitation services to fully recover, the insurance company may not accept this as necessary and refuse to pay for this portion of your medical expenses.
Your employer does not promptly file your claim
In most cases, claims must be filed within 30 days of the work-related accident that resulted in your injuries, illness, or disease. Steps your company must take include providing you with the appropriate paperwork to fill out and submit, contacting and reporting your claim to the Minnesota workers’ comp board, and filing a claim with the company’s insurance carrier. If they take longer than 30 days to complete this process, you may lose your ability to seek compensation. In this case, a workers’ compensation law attorney can significantly help your case by representing you and fighting on your behalf to ensure you receive fair compensation for your injuries.
You have a pre-existing illness or other condition
People with pre-existing conditions may have an especially difficult time proving that their injury or illness resulted from a work-related accident. Insurance companies will likely attempt to place the blame on your pre-existing condition rather than your work-related accident on any pain or injury you’ve incurred. A Minnesota law team can help you put together valid evidence that your injury occurred on the job to ensure the insurance company fully understands you were injured at work.
Your settlement offer doesn’t cover all of your losses and expenses
Some insurance companies will pay out a settlement that doesn’t fairly cover all of your medical expenses, lost wages, and other damages related to your workplace injury. Even if your doctor provides the insurance company with proof of your injuries or disabilities, the insurance company can disagree with the doctor’s decision and provide you with a lower amount of compensation than what’s fair and necessary.
FAQs About Minnesota Workers’ Comp Claims
The following are frequently asked questions related to MN workers’ compensation:
What will workers’ compensation cover in the event of a workplace injury?
There are several things that workers’ compensation will cover if an employee has been injured on the job. These include the cost of necessary medical care, any lost current and future wages, funeral expenses in the event that an employee dies as a result of a workplace accident, and ongoing medical care expenses.
What isn’t covered by workers’ compensation insurance?
There are a few things that workers’ compensation insurance will not cover in the event of a workplace accident. These typically include injuries incurred as a result of a workplace fight that the injured employee started; injuries incurred by the employee on purpose; injuries that happen in the workplace when an employee is under the influence of drugs and alcohol, and emotional injuries that do not include physical injury or illness.
Who is responsible for workers’ comp insurance?
Minnesota requires companies to carry workers’ compensation insurance to cover benefits for employees and to have the necessary coverage in the event of a workplace accident. Employees are not responsible for paying for these benefits or coverage. IF the company does not purchase workers’ comp insurance, they must be self-insured. The minimum coverage of workers’ comp insurance in Minnesota includes:
- Benefits for permanent bodily damage
- Coverage for the injured employee’s medical expenses and care
- Travel mileage when driving to and from medical treatment and rehabilitation
- Benefits to spouses and dependents in the event that the employee is killed on the job
- Benefits to cover at least a portion of lost income that came as a result of the workplace accident
- Vocational rehabilitation services
If you’re unsure of what your company has in terms of coverage, ask to see the proof of coverage required for businesses to operate. This document will cover extensive details related to who and what is covered under the company’s insurance policy.
Who selects the doctor that the injured employee will see?
In many cases, employees working in the state of Minnesota can choose their own physician to get treatment from for their workplace injuries. The doctor you choose will be required to submit all medical documents and medical bills to the company’s insurance company and must notify the insurance company before hospitalization or surgeries occur.
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How Florin|Roebig Can Help
Florin|Roebig is a highly acclaimed law firm that has several attorneys who specialize in workers’ compensation laws and workers’ compensation benefits. We are proud to serve injured workers and to help ensure they receive a fair settlement to cover their injuries and losses incurred in the workplace accident. We can also provide you with guidance and legal advice that will help you throughout the claims process and boost your chances of a successful outcome.
To learn more about our law offices and the workers’ comp attorneys we have on staff, give us a call today! We’d be happy to provide you with a free initial consultation to discuss your legal issues and inform you of how we can help during these trying times.
