Understanding Workers’ Comp in Duluth

Getting injured on the job can be a scary and stressful experience for workers in Duluth. Many questions arise, like how will I pay my bills? Who will take care of my family? Am I entitled to benefits through my employer? This is where an experienced workers comp lawyer can help protect your rights.

A work injury can feel overwhelming and exhausting, but you don’t have to navigate it alone. Call Mottaz & Sisk Injury Law at 763-421-8226 today for the help and support you need. 

Overview of Workers’ Comp in Duluth

According to the City of Duluth’s website, all employers in Duluth are required to provide workers’ compensation insurance for their employees. This includes private companies, nonprofits, and government agencies.

Some key things to know about workers’ comp in Duluth:

  • It covers medical expenses and lost wages for workplace injuries and illnesses.

  • There are rules on which employers must provide coverage and which employees are eligible.

  • Benefits are paid regardless of fault. Even if the injury was caused by the employee’s negligence, they are still entitled to workers’ comp.

So in short – yes, workers’ compensation insurance is mandatory for nearly all employers in Duluth. As an injured worker, this means you have certain rights and protections under the law.

Which Employers Must Provide Coverage?

The City of Duluth mandates that any employer with at least 1 employee must carry workers’ compensation insurance. This includes full-time, part-time, seasonal, and temporary workers.

The only exceptions are:

  • Sole proprietors with No employees

  • Certain agricultural employers

All other employers who meet the 1+ employee threshold are legally required to have active workers’ comp policies. Failing to do so can result in fines and penalties from the Minnesota Department of Labor and Industry.

What About Independent Contractors?

When it comes to independent contractors, they are generally not considered employees under workers’ comp law. So you would not be eligible for your client’s workers’ comp benefits if injured on their worksite.

It’s important to understand your employment classification to know if you are entitled to coverage or not. An experienced workers comp attorney can help you determine your status.

Which Employees Are Eligible for Benefits?

Assuming you work for a covered employer, you must meet certain criteria to receive workers’ compensation benefits:

  • You suffered an injury or illness caused by your job duties

  • The injury or illness resulted in medical treatment and/or lost time from work

Not all workplace incidents are eligible for comp. Key factors include:

Work-Related Causation

  • There must be a direct link between your job and the injury/illness. Slipping on a wet floor at work would qualify. Getting the flu on your own time would not.

Need for Medical Care

  • You must have sought medical treatment for the incident. Just reporting pain without seeing a doctor is often not enough.

Lost Wages

  • If the injury forced you to miss work for 4+ calendar days, you may collect lost wage benefits. Missing less than 4 days is usually not compensable.

Workers’ Comp Covers Medical Bills and Lost Income

If your claim is accepted, workers’ comp provides two key benefits:

Medical Costs

This includes hospital fees, doctor visits, prescriptions, therapy, assistive devices, and mileage reimbursement for medical trips. Nearly all reasonable and necessary medical care relating to your work injury will be covered.

Lost Wages

If you miss more than 3 calendar days of work, you are entitled to collect a portion of your gross wages until you can return to work. The exact amount depends on the severity of your injury.

These benefits take the stress out of how you will pay for treatment and make ends meet while recovering. However, conflicts with your employer or their insurance company can jeopardize your rightful benefits.

Don’t Go It Alone – Hire a Workers’ Comp Lawyer

The workers’ comp system has complex laws and procedures. Without help from a workers comp attorney, you risk being denied the benefits you deserve. Common reasons claims are wrongly rejected include:

  • Disputes over work-relatedness of the injury

  • Pre-existing conditions and apportionment issues

  • Conflicting medical opinions on the extent of disability

  • Arguments over appropriate compensation rates and length of benefits

Having an experienced workers’ compensation attorney on your side levels the playing field. They have the knowledge to build a strong case and aggressively appeal any unfair denials. This takes the burden off you so you can focus on getting better.

Key Takeaways

  • Nearly all employers in Duluth must carry workers’ comp insurance

  • To receive benefits, your injury must be work-related and require medical treatment

  • Workers’ comp covers medical costs and lost wages due to your injury

  • Hiring a workers’ comp lawyer protects your rights and maximizes your compensation

Frequently Asked Questions

1. What are the time limits to report my injury?

You must notify your employer of the work injury within 14 days. To preserve your right to benefits, you should also file a Claim Petition within 3 years. An attorney can help monitor these deadlines.

2. Can I still get workers’ comp if I was partially at fault?

Yes. Workers’ comp is a no-fault system, so benefits cannot be reduced even if you were negligent. The only exception is willful or intentional self-harm.

3. What if my employer doesn’t have insurance?

It is illegal for most employers not to carry workers’ comp. In that case, you can pursue a claim directly against the uninsured company.

4. Can I get workers’ comp for a pre-existing condition aggravated at work?

Yes, you can receive benefits even if a prior health issue was exacerbated by your job duties or a workplace accident.

5. If I retain a lawyer, who pays their fees?

Attorney fees typically come out of your workers comp benefits, not your own pocket. They receive a percentage only if your claim is successful.

Finding the Correct Workers Comp Attorney in Minnesota 

Don’t leave your financial recovery to chance. Consult a skilled workers comp attorney serving Duluth today. With their help, you can make the best of this difficult situation and get the benefits the law provides.

At Mottaz & Sisk Injury Law we have years of knowledge and industry experience. Call us at 763-421-8226 today for your free consultation.