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Minneapolis is an active place, and people can find plenty of work to make a living. Many jobs around the area have an increased chance of hazards in the environment. Plenty of people in the city receive an injury or illness while they are at work.
Workers’ compensation helps pay for expenses when you seek medical treatment. Companies should have a system in place to allow you to get the money as quickly as possible. However, some employees need the help of our Minneapolis workers’ compensation lawyers.
The team at Nicolet Law Accident & Injury Lawyers knows how to handle workers’ compensation cases. We helped a client receive $50,000 after his employer denied his claim for a back injury. We successfully filed a claim for another client after his general contractor failed to report the incident.
While these are only past results and no guarantee of success in every case, our firm can take on any employer, including big Minneapolis employers. There are many large companies and small companies in Minneapolis ranging from corporate giants like Target and UnitedHealth Group to much smaller manufacturers and retailers. We are happy to advocate for your rights, so reach out to us at any time.
Many workplaces focus on the improvement of safety for their workers. However, even the everyday tasks can pose a less obvious hazard. Some injuries can form and have long-term effects on a person’s well-being.
If you regularly perform physical labor, you might experience overexertion and tiredness during a shift. You might lift, push, bend, or pull frequently. Even in the office, you could impact your health by lifting and carrying boxes without the proper techniques.
Physical labor can strain someone’s back or become detrimental to the knees. A worker could make an avoidable mistake if they became tired from their job.
Some tasks become monotonous after a long time. Employees could have clouded judgment due to the work environment, and an accident could occur. Additionally, other technology and even mobile phones could distract them from unsafe situations.
Slips, trips, and falls are common in various worksites. You could trip over wires or clutter if no one kept the environment clean. A spill usually leads to an injury from a slip. People who work at considerable heights need to have safety precautions to prevent falls.
The lawyers at Nicolet Law Office can determine if you have a case.
When someone gets hurt on the job, they might file a lawsuit. Even if the person wins, a lawsuit could cost an employer a lot of money. A business could shut down if they lose a case, and other employees would need to find other jobs.
At the same time, a lawsuit could be risky for the injured party. The person would have to prove their case, and they could lose. If someone wins, they might have to wait months or years to obtain compensation.
Workers’ compensation is a beneficial solution for both parties. You most likely will get reimbursement for your injuries, and the company does not have to deal with a lawsuit. You usually do not need to prove liability to recover damages.
You do not have to worry about paying medical expenses on your own. In most cases, an employee can still get money even if they were partially responsible. Several states do not allow someone to get compensation if they engaged in horseplay before the accident.
In Minnesota, an employee can get three types of benefits when they file for workers’ compensation. You could get vocational rehabilitation, medical, and wage-loss benefits. For vocational rehabilitation, the main focus is on your return to work.
The benefit gets you back to the same job or a similar one with equivalent pay. Many people would receive retraining or on-the-job training. You would need to request vocational rehabilitation and meet its requirements.
The medical benefits portion of workers’ compensation entitles you to the necessary medical treatment. The employer is responsible for the expenses of repairing dentures, glasses, and artificial teeth. They have to provide money for medical devices like hearing aids as well.
Wage-loss benefits contain multiple types of disability benefits. You could qualify for temporary total disability, which is the period you are unable to work completely. You might need compensation for temporary partial disability instead.
If someone cannot return to work at all, they could qualify for wage-loss benefits for permanent disability.
For the most part, employees can get the money they need to recover from a job-related injury or illness. You could file a claim on your own if the injury was minor, and your employer admits the accident was work-related. The lack of a pre-existing condition can make the case simpler.
However, a person might need the help of a workers’ compensation lawyer in a few instances. Businesses and insurers do not like to pay a lot of money for damages. They might deny your claim and argue the incident did not happen in the workplace.
An insurance company might claim a pre-existing condition led to the decline in health. A lawyer can help show how the workplace was unsafe and led to injuries or illness. Insurers generally are confident the employees will not try to pursue the matter further.
Generally, managers are not able to fire someone who files a workers’ compensation claim. However, a boss might retaliate against an employee in a couple of cases. A company might let you go or reduce your wages. An attorney can protect your legal rights.
Perhaps, the company does not cover all of your medical expenses. You might not be sure if you received a fair amount for the reimbursement. The attorneys at Nicolet Law Office know how much you should get for workers’ compensation.
One concern on people’s minds is the cost of a workers’ compensation lawyer. The value of services varies based on the law firm and location. The complexity of the case could influence how much a lawyer is worth.
Various billing methods exist when it comes to firms. A common one is a contingency fee, and the contingency is what you pay only when you win a settlement or court award.
Some firms charge an hourly fee instead. You would pay based on how many hours your lawyer worked on your case. The rate can depend on the years of experience, complexity, and general overhead. In many cases, you can negotiate the hourly rate.
Besides fees, you need to consider the litigation costs. They include court fees, expert witness fees, travel expenses, and copying costs. You would agree on the fees before you hire a workers’ compensation attorney.
If you choose not to hire a lawyer, you risk losing a fair settlement or outcome.
Anyone could experience an injury or illness at any job. Nevertheless, some people have a higher chance compared to others. New workers represent one of the groups, and studies show how the first month has the highest risk of injuries.
The chances decrease for people who have been at a job for over a year. New employees in industries like manufacturing and construction are more likely to file for workers’ compensation. One reason is older workers have more experience with machinery and procedures.
Additionally, men have a higher probability of workplace fatalities than women. Roughly 4,761 men die due to their job-related injuries per year. The demographic makes up the majority of the workforce in high-risk jobs like logging. Men tend to join outside jobs and operate heavy machinery.
Some accidents happen because of human error or carelessness. Multiple factors can contribute to an injury or illness on the job site. The design of a task or procedure might have been unsafe or impractical.
The environment might not be safe as well. For inside jobs, the air quality could be inadequate. Fumes can fill the room, or the temperature could impact a worker’s performance. People need a proper setup to reduce the risk of a mistake.
An employee might lack the experience to perform specific tasks or operate the equipment. Many companies provide insufficient training to new workers. A few employers do not offer training at all. Someone is more likely to make an avoidable error.
Poor management could mean the workplace is disorganized. You might have received adequate communication before the accident occurred. A few places do not have a proper system in place to report issues on time.
Most people in Minnesota can apply for benefits, but not all. Household employees, or workers at a private home who make less than $1,000 in three months, generally cannot get workers' compensation.
Some farmworkers do not receive coverage as well. If someone makes below a certain income threshold, they might be ineligible for compensation. The insurance even exempts an agricultural employer’s immediate family members.
An employee might work outside the usual operations of a company. If they show up during normal business hours, the person might infrequently work instead. As a result, they might not be able to claim workers’ compensation.
Some business owners can exclude themselves from coverage as well. With sole proprietors, the owner can exclude immediate family members. Another exemption is partnerships. Speak with a workers’ compensation attorney to know if you can apply for benefits.
In general, businesses have a limited time to send you payments for compensation. Your employer’s insurance company has to send the money within 14 days of the report. The deadline is 10 days if you need to receive temporary partial disability benefits.
An insurer might not send the money on time. The penalty for lateness is 25 percent of the amount of the delayed benefits. The company has to pay a fine to the Assigned Risk Safety Account as well.
The amount depends on how much time has passed. The percentage of late benefits increases over the weeks, and the insurer might pay 30 percent or 55 percent more. Nicolet Law Accident & Injury Lawyers can help you if your employer’s insurer has not sent your benefits on time.
If an employer does not have workers’ compensation, they are unable to hire employees. They can employ people once they obtain the required insurance. Companies might have to pay a fine as well.
An employer could face a penalty of 65 percent of late benefits if you suffer from an injury during a lack of coverage.
You should report your workplace accident to your manager as soon as possible. As a general rule, you have 30 days to notify your employer of your injury. However, Minneapolis residents can have up to 180 days to report the incident.
The employer should submit a First Report of Injury to the Minnesota Department of Labor and Industry. Minnesota allows you three years to claim benefits if the company has filed the document.
A few businesses do not file a First Report of Injury. When they do not submit the document, you have six years to start a claim. However, exceptions to the statute of limitations exist. You could have the opportunity to obtain compensation 10 or 15 years after the accident.
If you discovered an old injury was job-related, a lawyer could determine if any exceptions apply to your case.
Occupational hazards are everywhere throughout Minneapolis, and you might not expect some of them. Nevertheless, you should not have to deal with the consequences of an accident on your own. You deserve fair compensation to help you with the financial side of recovery.
If issues arise while you seek workers’ compensation, we at Nicolet Law Accident & Injury Lawyers can build a strong case for you. We stand by our client’s side every step of the way. Contact Nicolet Law Accident & Injury Lawyers today at (612) 446-3999 for your free case evaluation.
225 South 6th Street
Minneapolis, MN 55402