If you’ve suffered a work injury in Minnesota, it’s important to understand your rights and options under state law. Minnesota has a robust workers’ compensation system designed to protect employees who are hurt on the job. In this post, we’ll break down the key things you need to know about Minnesota workplace injury law and how a work injury lawyer can help.
At Mottaz & Sisk Injury and Work Compensation Lawyers, we have years of knowledge and industry experience. Call us at 763-421-8226 today for your free consultation.
1. Most Minnesota employers are required to carry workers’ compensation insurance
Under Minnesota workers’ comp law, most employers are mandated to have workers’ compensation insurance to cover injured employees. This insurance provides benefits to workers who suffer job-related injuries or illnesses, regardless of fault. Even if your employer was not negligent in any way, you are still entitled to workers’ comp benefits for a work-related injury in most cases. The few exceptions are for very small companies, family farms, and some independent contractors.
2. You must report your injury to your employer right away
If you get hurt at work, notifying your employer is the first critical step. Minnesota law requires you to report the injury to your employer, in writing, as soon as possible. This gives your employer notice of the incident and allows them to file a claim with their workers’ comp insurance. Failing to promptly report your injury could jeopardize your ability to receive benefits. Consult with a knowledgeable work injury lawyer to ensure you follow the proper procedures.
3. You can choose your own doctor after the initial exam
While your employer has the right to choose the doctor for your first exam after a work injury, you can select your own physician for subsequent treatment. Minnesota law allows you to pick your own healthcare providers as long as you notify your employer and their insurance company. You are entitled to reasonable and necessary medical treatment related to your work injury, which the workers’ comp insurer pays for. A skilled work injury lawyer can help if there are any disputes about your medical care.
4. Most workers are eligible for wage loss benefits
If your work injury causes you to miss more than 3 calendar days of work, you can receive wage loss benefits. These temporary total disability (TTD) benefits are two-thirds of your average weekly wage, subject to a state-set maximum. You can continue receiving TTD until you are able to return to work or reach maximum medical improvement (MMI). For more permanent disabilities, you may be entitled to permanent partial disability or permanent total disability benefits. Discuss your specific situation with a work injury lawyer to understand the benefits you qualify for.
5. You may have additional options beyond workers’ comp
While workers’ compensation is usually your exclusive remedy against your employer for a work injury, you may have other avenues of recovery in certain situations. If a third party (someone other than your employer) caused or contributed to your injury, you might be able to bring a separate personal injury claim against them. Examples could include a negligent driver who hits you while you’re driving for work, or a manufacturer of faulty equipment that injures you on the job. A work injury lawyer can identify all possible sources of compensation.
Frequently Asked Questions:
What’s the difference between a work injury attorney in Minnesota and a workers comp lawyer Minnesota?
In Minnesota, a work injury attorney and a workers comp lawyer essentially mean the same thing – an attorney in representing employees hurt on the job and helping them get the workers’ compensation benefits they are entitled to under state law. You may also hear the terms workers comp attorney or work injury lawyer Minnesota to refer to this type of legal professional.
Do I really need to hire a work injury lawyer for my Minnesota work injury claim?
What if my employer doesn’t have workers’ comp insurance?
Can I be fired for filing a workers’ comp claim?
How long do I have to file a claim?
Work With A Work Injury Lawyer
The bottom line is that Minnesota law provides strong protections and benefits for employees who suffer job-related injuries or illnesses. However, actually obtaining those benefits is not always a simple, straightforward process. The workers’ compensation system can be confusing, and employers and insurance companies don’t always cooperate. That’s where a skilled work injury lawyer comes in.
An experienced workers comp attorney can guide you through every step of the process, from reporting your injury to appealing a denied claim. They understand the common tactics insurers use to limit payouts and know how to fight back. At the same time, they can identify other potential avenues for recovering compensation, like third-party claims.
Mottaz & Sisk Injury Law has 20+ years of experience dealing with work injury matters. Please call us at 763-421-8226 for a free consultation if you have experienced a work injury.