Work Comp Tips

How Do I Win My Workers’ Compensation Case?

By August 28, 2019 No Comments
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Minnesota workers’ compensation requires that employer and insurers pay workers’ compensation benefits in a quick and efficient manner.  Sadly, insurance companies don’t always do the right thing and deny claims for a variety of reasons.  Some of the reasons include notice, denial of primary liability, denial of injuries, deny causation, and deny reasonableness and necessity of medical treatment.  When this occurs, the injured worker bears the burden of proof in establishing entitlement to workers’ compensation benefits.  There are a few important ways to help win your workers’ comp case: speak to a Minnesota workers’ compensation attorney, get medical treatment, and job search. Here are some steps to take to increase your chances of a successful outcome:

1. Speak with a Minnesota workers’ compensation attorney regarding your benefits and rights. 

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Of all the things that you can do to increase your chances of success of getting the right workers’ compensation attorney is most important. This is the first step to help win your workers’ compensation case.  Many workers’ compensation lawyers know the law, but are they truly experts in the field?  Do they teach others, including their peers?  What do their former clients say about them regarding their responsiveness and their staff?  Do they have any ethical violations?  Do they try cases, and can they articulate a course of action for your claim?  Does your attorney just want to settle your case quickly?  All of these are questions you should be inquiring about when choosing an attorney.

Not only do our attorneys frequently present on Minnesota workers’ compensation within the State of Minnesota and nationally, they also write chapters and edit the Minnesota Workers’ Compensation Deskbook which is a resource for all Minnesota workers’ compensation lawyers in the State of Minnesota. 

Mottaz & Sisk Injury Law has been recognized in Super Lawyers and U.S. News & World Report as one of the top law firms for Minnesota workers’ compensation.  We are the law firm that other lawyers, judges, doctors, and adjusters refer their families and friends to. 

2. Get medical treatment for your work injury. 

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Getting the appropriate medical care and treatment is extremely important for a successful outcome and winning your workers’ compensation case.  The goal of the workers’ compensation system is to try to get you back to work and back to the way that you once were.  Sometimes, that may not occur but receiving the appropriate medical care and treatment will improve your chances of getting better.  It is also important to speak with your physicians about your symptoms and problems, so they are appropriately documented for those involved in your case.  It is important to keep your restrictions and limitations updated and keep your employer and insurer aware of those restrictions.

3. Job search when you are taken off work.

A job search may not be necessary if you are taken off of work and the plan is for you to return back with the date of injury employer. However, if circumstances arise where you are released with restrictions and are unable to return to work with the date of injury employer, it is important to look for work and document your job search efforts. In order to be entitled to the wage loss benefit, temporary total disability benefits, you must perform a reasonable and diligent job search. While there is no specific requirement that you document your job search, it may be beneficial for you to document your job search efforts so as to show others what you have done to look for work.

These are just some of the things that you should do following a work-related injury.  Contact our office today for a free consultation.  Our attorneys would be happy to discuss with you your rights under Minnesota workers’ compensation law.  We can provide you with the recommendations and steps necessary for you to get the appropriate benefits under the law. 

jerry sisk

jerry sisk

Jerry is a Minnesota workers' compensation attorney and work injury lawyer. He a member of the Minnesota State Bar Association, Minnesota Association of Justice, and Anoka County Bar Association. He has 10/10 on Avvo, 5 Stars on Google, AV Rated through Martindale-Hubbell and National Trial Lawyers Top 100. Currently, he is Co-Chair of the Work Comp Section of the Minnesota Association of Justice.