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Duluth is Minnesota’s fourth-largest city and the center of the state’s second-largest metropolitan area. As the largest metropolitan area on Lake Superior, Duluth hosts a busy port that welcomes ships from the Atlantic Ocean, nearly 2,300 miles away.
Given Duluth’s bustling economy and population, workplace accidents and injuries are unfortunately common. When Duluth workers sustain an on-the-job injury, they often qualify to pursue a workers’ compensation claim, which provides benefits to injured workers to help cover the costs of their injuries.
If you sustained an injury while working in the Duluth area, you should contact the experienced Duluth Workers’ Compensation Lawyers at Nicolet Law Accident & Injury Lawyers to schedule a free consultation, during which we can discuss the details of your accident and help you determine whether you qualify to file a workers’ compensation claim.
Duluth’s largest economic sectors include healthcare, higher education, retail, transportation, engineering, aquatic science, and tourism. Employees from a variety of industries are eligible to pursue a workers’ compensation claim when they sustain an injury while at work.
Some of the largest employers in Duluth include:
Whether you work for one of these employers or somewhere different, if you sustain an on-the-job injury, contact Nicolet Law to discuss your eligibility to file a workers’ compensation claim.
At Nicolet Law, our legal team has experience helping injured individuals successfully pursue workers’ compensation claims different on-the-job injuries.
Some of our recent successes include:
If you were injured in a Duluth workplace accident, you may qualify for wage loss compensation and other benefits, too. Read on for more information about the process.
Workers’ compensation is a no-fault insurance policy that provides benefits to individuals who have suffered a workplace illness or injury. Every state in the nation has a workers’ compensation program. While the overall mission of these programs is very similar in most states, the provisions and requirements are sometimes different. In Minnesota, all employers are required to provide a workers’ compensation policy for their employees or to become self-insured.
Approximately 22,000 workers’ compensation claims are paid each year in Minnesota for employees who acquired a work-related injury or illness.
Of these claims, 62 percent were filed by men, and more than a quarter of the claimants were over the age of 54. The most common type of injury to be the subject of a workers’ comp claim are strains, sprains, and muscle tears. The most common way for an accident to occur at a Minnesota workplace is due to a fall on the same level.
There are different types of disability claims that can result in workers’ compensation benefits, including:
There are also different types of benefits available for the spouse, children, and other relatives of an employee who died as the result of a workplace injury or illness, as well as annual cost-of-living adjustments that can increase the amount of compensation you receive.
The types of injuries that are covered by workers’ compensation include any condition that is caused, aggravated, or accelerated by your employment activities, including traumatic injuries, injuries that occur gradually such as those caused by repetitive motion, and occupational diseases.
Minnesota’s workers’ compensation program provides benefits such as:
These benefits are either paid by the insurance company that carries your employer’s workers’ compensation policy or by the employer if he or she is self-insured. In Minnesota, wage loss benefits are only available after the employee has missed at least three consecutive days of work. After the tenth day of missing work because of the injury, the worker can be compensated for the original three days as well.
If you suffer a job-related illness or injury and need to file a workers’ compensation claim, follow these steps:
Call us for help completing those steps. They’re far easier said than done, and little mistakes can result in unnecessary delays, denials, or reductions of the benefits you deserve and need to pay for your injuries.
Are you feeling confused by the workers’ compensation process? Rest assured, that is not an uncommon feeling for those filing a claim for benefits. Here are some answers to the questions our Duluth clients often ask us about workers’ compensation benefits.
Many states do not allow individuals to seek chiropractic treatment through workers’ compensation. Minnesota does allow it, however, and many people who suffer injuries that can be improved through chiropractic adjustments prefer to seek that treatment as opposed to pharmaceutical treatments or invasive procedures.
Perhaps. Cancer is a prevalent disease even without chemical exposure in the workplace, however, which makes this type of claim particularly complex. Some cancers can have a latency period of years or even decades between exposure and diagnosis. You need to discuss the chemical exposure at your work with your doctor and your lawyer, including how long and how often the exposure occurred, and how likely he or she feels that your workplace exposure was the cause of your cancer.
Yes. In Minnesota, injured workers are permitted to seek treatment from the physician of their choice as long as the doctor is licensed and not a practitioner of alternative medicine whose treatments have not been ordered by a licensed doctor.
Once a physician treats an injured worker two times, he or she is considered that worker’s treating physician. Within the first 60 days of the claim, an employee has the right to change physicians without having to inform the insurer. After that time, if you want to change doctors, you must obtain approval from the insurer or show loss of faith in the physician’s skill, lack of medical improvement, or a communication breakdown.
To calculate your weekly wage, you would take the amount you earned for the entire year before your injury and divide it by 52.
Likely not, unless you operate as your own business and have purchased a workers’ compensation policy for yourself or those you employ. The person or company you provide contracted services for is only required to purchase a workers’ compensation policy for his or her employees.
If your claim is denied, the insurance provider will submit a Notice of Primary Liability Consideration. This form contains three boxes, and the first one is checked if your claim is approved. If the second box is checked, it means that your claim was approved but you will not be receiving wage loss benefits. If the third box is checked, it means that your claim was denied and there will be an explanation provided as to why. Insurance carriers must inform their insureds any time they deny a claim and furnish a rationale for the denial.
If you have been denied workers’ comp benefits or your benefits suddenly stopped without explanation, you can petition for an administrative hearing with the Department of Labor and Industry. At this point, if you have not already done so, it is time to speak with an experienced workers’ compensation lawyer who can provide guidance and representation through the appeals process.
Yes. Problems frequently arise when filing a workers’ comp claim, and having our Duluth worker’s compensation attorneys can help you in those situations. Our advocates have a deep knowledge of and experience with workers’ compensation claims.
We can especially help when:
Let our experienced Duluth workers’ compensation lawyers help you make sense of the process of obtaining your workers’ compensation benefits. For a free case evaluation, contact us online or by calling (218) 729-0628.
306 West Superior Street, Suite 606
Duluth, MN 55802