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Dave's Work Comp Blog

What if my Employer is Uninsured?

Wednesday, May 11, 2016

Under Minnesota Workers' Compensation law, all employers are required to carry workers' compensation insurance. This insurance protects employers and employees in case of injury by allowing the employer to stay in business and giving the employee the support she needs to pay bills and get medical care for the injury. Unfortunately, some employers flout this law and don't obtain the necessary insurance. While this is detrimental both to the employer and the employee, it does not mean that the employee cannot make a claim.   Read More . . .

Dependent Benefits

Tuesday, April 19, 2016

One type of benefit in the workers’ compensation system is the dependency benefit. This type of benefit is paid to the dependent survivors of an employee who died of injuries sustained on the job. In Minnesota, these benefits are legally separate and distinct from the right of the employee to recover during her lifetime. These rights do not exist until and unless the employee dies due to her work-related injuries. During the employee’s lifetime, dependents have no independent right to compensation.   Read More . . .

Employee Challenges Florida's Workers' Compensation System

Friday, April 08, 2016

A Supreme Court case in Florida could have large implications for employers and injured workers in the state. The case involves a nurse, Daniel Stahl, who injured his back while on the job. Realistically, however, the real heart of the case is a 2003 Florida law that restricted benefits for injured workers. Stahl is arguing, in effect, that Florida’s workers’ compensation laws upset the delicate compromise which holds most workers’ compensation systems together.   Read More . . .

Faribault Police Officer Files Suit

Thursday, March 17, 2016

Lisa Petricka, a  Faribault police officer, is filing a lawsuit against the city for failing to meet the workers’ compensation requirements of her employment contract. At the time of her injury, the contract stated that employees injured on the job would be paid their regular wage through the workers’ compensation system. In addition, vacation and sick leave would continue to accrue normally.   Read More . . .

Temporary Total Disability

Thursday, March 10, 2016

The main focus of Minnesota Workers’ Compensation law is to ensure that injured workers are justly compensated. It holds employers responsible while at the same time allowing them protection from being sent into bankruptcy because of law suits. One type of relief that injured workers may receive is called temporary total disability.   Read More . . .

Vocational Rehabilitation

Thursday, March 03, 2016

Minnesota Workers’ Compensation law allows for a process known as “rehabilitation.” This does not mean medical rehabilitation, but rather assistance in preparing for and returning to employment. Rehabilitation has been part of Minnesota law since 1979, and it acts as important tool to help employees return to work.   Read More . . .

Can I Choose My Doctor?

Friday, February 26, 2016

In Minnesota, employees have the right to choose the medical provider who will treat their injury. An exception exists where the employee accepts a physician furnished by their employer. In this case, the employee would be deemed to have “selected” the physician.   Read More . . .

What about Medical Costs?

Thursday, February 18, 2016

If you get injured at work, your employer may be required to pay for the resulting medical care. In order for the medical treatment to be covered, it must be reasonably required to “cure and relieve” an injury that arose out of and in the course of your employment. The Minnesota Supreme Court has ruled that “cure and relieve” actually means “cure or relieve.”   Read More . . .

Permanent Partial Disability

Wednesday, December 30, 2015

Permanent partial disability is the most common type of worker’s compensation claim, and it involves compensation for a worker who suffers from some type of lasting impairment, but is not totally disabled. In Minnesota, courts look to the function that is impaired by the injury rather than a loss of earning capacity. This means that what matters is how you were hurt and not how much money you will lose because of the injury.   Read More . . .

Do I have to tell my boss I got hurt?

Monday, November 23, 2015

When you are hurt on the job in Minnesota, you must tell your boss about your injury. This gives them a chance to look into the injury and pay your claim without resorting to hiring an attorney and taking legal action. There are a series of reporting deadlines imposed on injured employees. For each deadline that passes, the employee receives a penalty that makes it harder for them to make a worker's compensation claim.   Read More . . .

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