Have you suffered an injury at your job that is keeping you from working? All employers in Minneapolis with at least one employee are required to carry workers’ compensation insurance. This insurance covers injuries that employees sustain while on the job. If you have injuries from work, you can file a workers’ compensation claim to recover your losses.
At Postman Law, our Minneapolis personal injury lawyers can be your legal representative while pursuing a workers’ compensation claim. We have extensive experience helping injured workers recover the benefits they need to heal and move forward with their lives.
Contact a workers’ compensation lawyer in Minneapolis from our firm online to schedule a free case consultation.
How a Lawyer Can Help With a Workers’ Compensation Claim in Minneapolis
Even though they exist for the benefit of employees, filing a workers’ compensation claim is anything but simple. Filing a claim is an involved process consisting of several steps, filing requirements, and deadlines. It’s easy to make a mistake that can delay your payments.
A Minneapolis workers’ compensation lawyer can be your legal advocate and provide administrative support throughout the claims process. A lawyer can gather evidence of the accident, organize your medical documentation, and respond to requests for additional information.
A lawyer can also appeal denials and, if necessary, escalate to formal litigation. You don’t technically need a lawyer to file a claim, but a lawyer will reduce the chance of delays and complications.
For a free legal consultation with a workers compensation lawyer serving Minneapolis, call 844-767-8626
How Does Workers’ Compensation Work in Minneapolis?
All employers in Minnesota are legally required to carry workers’ compensation insurance if they have at least one employee. Workers’ compensation is meant to cover the losses of employees who sustain injuries on the job.
When a worker is injured, they report the injury to their employer, who will report the injury to their insurer and give them a claim form.
Workers’ compensation coverage is no-fault, meaning that it’ll cover your injuries, regardless of who was at fault. As long as the injury happened at work, it should be covered in a workers’ compensation claim.
Minneapolis Workers Compensation Lawyer Near Me 844-767-8626
What Does Workers’ Compensation in Minneapolis Cover?
Workers’ compensation in Minneapolis will pay out the following types of benefits after a work injury:
Medical Benefits
Primarily, workers’ compensation will pay for any reasonable and necessary medical costs associated with treating your injuries. This includes any emergency care, surgeries, follow-up care, prescriptions, and physical or occupational rehabilitation.
Income Replacement
If your injury makes you unable to work, workers’ compensation will pay up to two-thirds of your weekly average earnings until you can return to work. If you can still work but only in a limited capacity, coverage will pay for up to two-thirds of the difference between pre- and post-injury earnings.
Vocational Benefits
If your injuries require you to switch careers, workers’ compensation can pay for the cost of retraining or education for your new job. If you want to claim vocational benefits, then you’ll need to present a vocational rehabilitation plan that outlines your path to training and re-employment.
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Third-Party Lawsuits for Work Injuries
Workers’ compensation is the first line of redress after a work injury. But the benefits are limited, and they may not cover all of your losses. Specifically, workers’ compensation will not cover your full lost wages and won’t provide compensation for pain and suffering.
If your work injuries happened due to a third party that is not your employer, you may be able to file a third-party personal injury lawsuit against them. For example, if a defective product harmed you at work, you could potentially sue the manufacturer.
The benefit of a third-party lawsuit is that you can recover a fuller range of damages, including those for pain and suffering and other non-economic losses.
Can I Sue My Employer for Injuries in Minneapolis?
You normally cannot sue your employer for work injuries in Minneapolis. The trade-off for no-fault workers’ compensation is that employees give up the right to sue their employers for negligence.
That being said, there are a few limited exceptions where suing your employer would be possible:
- Your employer doesn’t carry workers’ compensation coverage.
- Your employer intentionally harmed you.
- You are suing under dual capacity.
An example of the last condition would be if your employer also manufactured the defective product that harmed you at work.
What Happens if My Workers’ Compensation Claim Is Denied?
If your workers’ compensation claim is denied, you generally have three years from the date your written injury report is filed with the state (not to exceed six years from the accident date) to file a claim petition with the Office of Administrative Hearings (OAH).
During an administrative hearing with a judge, you’ll be able to present new evidence and arguments for your claim. If your appeal is denied, you only have 30 days to escalate the denial to the Workers’ Compensation Court of Appeals.
Contact a Minneapolis Workers’ Compensation Lawyer Today
Employees work hard all day, and injured workers deserve a chance to recover their losses for work injuries. The team at Postman Law has a proven track record of securing favorable judgments in workers’ compensation claims. We can help you get the benefits you need to recover and rebuild.
Contact our offices online or reach out to us by phone to speak to a Minneapolis workers’ compensation lawyer.