If you have had an Administrative Conference., whether it be over wage loss, medical, or rehabilitation benefits, typically there is a short window for you to appeal that decision for a formal hearing. The deadlines to appeal a decision can range from 30-60 days depending upon the type of conference – while some Administrative Conferences can be handled adequately by the injured worker, it is important to consult with an attorney if you intend on appeal a decision or if the insurance company appeals a decision.
Following an Administrative Conference, whether it is appealed by the injured worker or not, the insurance company will most likely want to perform some type of discovery. This can include requests for authorizations, requests for medical records, depositions, Independent medical evaluations. etc. The employer and insurer will attempt to build a case against you in an effort to stop paying benefits. It is important that if you have not already yous should discuss the matter with an attorney to go over your options and the best way to handle your case.
Under Minnesota worker’s compensation law, attorneys are retained on a contingent basis. What this means that if the attorney is not successful in getting benefits on your behalf – there are no fees. If an attorney is successful in obtaining wage loss benefits on your behalf, then contingent fees will be withheld in the amount of 20%. If the dispute involves medical or rehabilitation, and the attorney is successful in getting benefits for you, then the attorney would be able to recover attorney fees from the insurance company and not from your benefits directly. There would be no fees unless the attorney recovered benefits on your behalf. It is important that you discuss the matter with an attorney so as to protect your rights under the Minnesota Workers’ Compensation Act.
The lawyers at Mottaz & Sisk are experienced and have handled thousands of these types of cases. Contact Mottaz & Sisk today for free no hassle consultation.