Most Dangerous Jobs

It doesn’t matter whether you work in a highly hazardous occupation or whether you have a career that doesn’t pose much risk of injury – if you sustain an injury arising out of your work, and within the course and scope of your employment in Minnesota, you are entitled to workers’ compensation benefits.

According to the U.S. Bureau of Labor Statistics, here are the ten most hazardous occupations in 2006:

1. Fishermen and women and fishing workers. 141.7 fatalities per 100,000 workers.

2. Airline pilots and flight engineers. 87.8 fatalities per 100,000 workers.

3. Logging workers. 82.1 fatalities per 100,000 workers.

4. Structural steel and iron workers. 61.0 fatalities per 100,000 workers.

5. Refuse and recyclable materials handlers and collectors. 41.8 fatalities per 100,000 workers.

6. Farmers and ranchers. 37.1 fatalities per 100,000 workers.

7. Power line-installers and repairers. 34.9 fatalities per 100,000 workers.

8. Roofers. 33.9 fatalities per 100,000 workers.

9. Traveling sales people and truck drivers. 27.1 fatalities per 100,000 workers.

10. Miscellaneous agricultural workers. 21.7 fatalities per 100,000 workers.

Thankfully, for most workers, the chances of being fatally injured on the job are slim. In 2006, there were only 3.9 fatal injuries per 100,000 workers. There were a total of 5,703 work-related deaths in the United States in 2006.

If you or a loved one suffers a fatal work-related injury, Minnesota workers’ compensation law provides a variety of death and dependency benefits.

If you are injured on the job in Minnesota, you may be entitled to workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanency benefits, and/or rehabilitation or retraining benefits.

If you or a loved one has been injured on the job, call Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free consultation to learn more about your rights under Minnesota workers’ compensation law.

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Attention Motorcyclists: Be Sure You Have Sufficient Insurance Coverage

According to the Star Tribune, one person was killed and another seriously injured in a Chisago County motorcycle versus mini-van accident on Wednesday, August 12, 2009. According to the article, the minivan ran a stop sign, hitting the motorcycle.

As of the end of July 29 motorcyclists had been killed in Minnesota this year. At the same time last year, there were 26 deaths. The article also notes that August and September are typically the most deadly in terms of motorcycle accidents.

Last year, there were a total of 72 deaths – the most since 1985. All other types of motor vehicle deaths have been on the decline, but deadly motorcycle accidents appear to be on the rise.

Meuser & Associates frequently represents people who are hurt in motorcycle versus car accidents. Unfortunately, regardless of fault, the motorcyclist usually is on the losing end of a motorcycle versus car crash. Invariably, the injuries are severe.

Unlike other vehicles in Minnesota, motorcycle owners are required to carry only liability insurance. Motorcyclists are not required to carry no-fault insurance, uninsured motorist coverage, or underinsured coverage.

It’s an unfortunate truth that motorcycle crashes usually result in severe injuries. As such, I can’t recommend strongly enough that motorcycle owners purchase sufficient no-fault insurance, uninsured motorist insurance, and underinsured motorist insurance to cover medical expenses, wage loss, and pain and suffering in case of a severe accident. Too often we see motorcyclists who suffer significant injuries but the at-fault party either has no insurance, or their insurance coverage is not sufficient to compensate the injured motorcyclist for his or her medical expenses, wage loss, pain and suffering, and loss of enjoyment of life.

Even if you are at fault, or involved in a single-vehicle crash, no-fault insurance covers your medical expenses and some wage loss. No-fault insurance is also the first line of insurance that covers your initial medical expenses if you are involved in a crash where the other vehicle is at fault.

If you are hit by an at-fault driver who has no insurance, uninsured motorist insurance covers additional medical expenses, wage loss, and intangible losses, like pain and suffering and loss of enjoyment of life. Unfortunately, way too many Minnesota drivers are out there on the roads without legally required liability insurance.

Even if the at-fault driver does have insurance, it’s often not enough to cover your losses. If you purchase underinsured motorist coverage, it provides an additional line of insurance coverage above and beyond the at-fault driver’s insurance. If you’re hit by a vehicle while you’re on a motorcycle, you are almost certainly going to be taken by ambulance to an emergency room. If you have severe injuries, your medical bills can exceed $50,000.00 within hours. Minnesota requires drivers to carry a minimum of only $30,000.00 in liability insurance. The defendant driver’s insurance may not even be enough to cover your emergency room visit.

It’s also important to note that the no-fault, uninsured, and underinsured insurance you have on your car will not provide coverage for injuries sustained while you’re on your motorcycle.

If you or a loved one was injured as the result of a motorcycle accident, contact Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free consultation with one of our lawyers.

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As Temperatures Rise, Watch Out for Heat Exhaustion and Heat Stroke

While we’ve had a relatively cool summer this year, the forecast suggests that temperatures are going to be hotter in August.

People who work outdoors like construction workers, builders, road workers, utility workers, police officers, maintenance workers, landscapers, city workers, and heavy equipment operators need to be especially wary of heat-related work injuries.

Symptoms of heat exhaustion include a fever of 104 degrees or less, thirst, fainting, cool and clammy skin, weakness, aching muscles, sweating, slow heartbeat and dizziness. If you are experiencing these symptoms it is important to rest, get out of the sun, cool off, and re-hydrate.

Heat stroke is a life threatening condition when heat exhaustion goes untreated or unrelieved. Heat stroke takes place when the body temperature rises and the cooling system of the body stops working. Symptoms of heat stroke involve shortness of breath, nausea, vomiting, fatigue, and rapid heart beat.

If you require medical attention after suffering heat exhaustion or heat stroke on the job, your medical expenses are most likely covered by workers’ compensation. If you miss work due to a heat injury, you may also be entitled to wage loss benefits.

Prevention is the best cure when it comes to heat exhaustion and heat stoke during these hot summer months. Avoid excessively strenuously activity when temperatures go up, take frequent rest breaks, and keep hydrated.

If you’ve suffered a heat-related work injury and have questions about your workers’ compensation rights, contact Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free consultation.

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Calculating Permanent Partial Disability (PPD): MN Work Comp

One of the workers’ compensation benefits available to injured workers in Minnesota is Permanent Partial Disability (PPD).

If your doctor determines that you’ve suffered a permanent injury, your doctor may issue what’s known as a “permanency rating.” Minnesota law sets forth a schedule for assigning permanency ratings to almost any type of permanent injury imaginable. This percentage is then multiplied by a dollar figure to determine the amount of the PPD benefit you are entitled to.

Generally, doctors do not assign permanency ratings until you have been placed at Maximum Medical Improvement (MMI). PPD may be paid weekly, or it may be paid in a lump sum. PPD is generally not payable while you are still receiving Temporary Total Disability (TTD) benefits, but you may receive PPD while you are receiving Temporary Partial Disability (TPD) or Permanent Total Disability (PTD) benefits.

Let’s look at an example:

Let’s assume you suffered a low back injury on the job and the workers’ compensation insurance company has admitted liability. Let’s also assume you underwent an MRI that shows a disc herniation at L4-5 that does not appear to be impinging on nerve roots or on the spinal canal. About a year after your injury, you are still experiencing back pain, and symptoms into your buttocks and leg. Your doctor concludes that you still need ongoing occasional treatment, but that your condition is permanent and you’re not likely to see major improvement with any kind of medical procedure.

Based on these facts, you would probably qualify for Permanent Partial Disability benefits. Specifically, your injury would probably qualify for a 7% rating based on Minnesota Rule 5223.0390, Subpart 4(C)(1).

This 7% rating is then multiplied by a dollar amount. Impairment ratings between 6-10 percent are multiplied by $80,000.00 which equals $5,600.00.

Seems simple, right? Determining the amount of PPD benefits you are entitled to should be relatively straight-forward. Unfortunately, insurance companies frequently underpay injured workers the amount of permanency benefits they are entitled to. If you have a permanent work injury, it’s wise to speak with a workers’ compensation lawyer to make sure the insurance company pays you the PPD benefits you are entitled to.

Doctors don’t always automatically issue permanency ratings. If your doctor never issues a permanency rating for your injury, the insurance company will probably never pay you permanency benefits. Even if your doctor does issue a permanency rating, the insurance company might simply ignore it and never pay you the benefits you are entitled to.

While the schedules are intended to be fairly straightforward, in many cases, the level of permanency benefits you are entitled to may fall somewhere between ratings. For example, if a worker has a back injury and an MRI shows a herniation, and that worker is experiencing radicular symptoms, there may be a question as to whether that herniation impinges on a nerve root or not. There are different levels of permanency depending on whether an MRI evidences nerve root impingment. As a rule, the insurance company will always pay the lower permanency level.

Another situation that frequently comes up is where there are multiple body parts injured in one accident. For example, if you sustain an injury to both your neck and shoulder, you may be entitled to permanency benefits for both your shoulder and your neck. There is a specific way to combine these ratings and insurance companies often miscalculate the rating.

If there is any suggestion that your injury may have been pre-existing, or that part of your condition existed prior to your work injury, the insurance company will almost inevitably try to either avoid paying PPD benefits altogether, or they will try to take a deduction for whatever alleged “pre-existing” condition you may have. This scenario comes up very frequently with back and neck injuries.

For more information on calculating your PPD benefits, check out the following:

Minnesota Permanency Schedules
PPD Benefit Table

While calculating Minnesota workers’ compensation Permanent Partial Disability (PPD) benefits should be relatively straightforward, the insurance company will rarely voluntarily pay the full level of benefits you are entitled to. Make sure you’re paid all the PPD benefits you’re entitled to. Call Meuser & Associate at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation with one of our lawyers.

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The Official Website of Meuser & Associates, P.A. is Live!

In addition to this blog, our firm has been working on a website for the last couple months. It’s now officially live! Check out the new Meuser & Associates website!

Our site has lots of great resources, including a Glossary of Legal Terms, a FAQ for Personal Injury, and a really comprehensive FAQ for Workers’ Compensation. We also have a cool page featuring client testimonials like this one:

For a free, no-obligation consultation with one of our attorneys, call us at 877-746-5680 or click here to send us an email.

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Meuser & Associates Secures Award of Penalties Where Insurance Company Failed to File a Notice of Intent to Discontinue Benefits (NOID)

As I previously wrote about, Meuser & Associates recently went to trial on a gentleman’s workers’ compensation case. Among other things, we made a claim for penalties against the insurance company because they failed to file a Notice of Intent to Discontinue Benefits (NOID) before discontinuing our client’s wage loss benefits. They did this not just once, but on two separate occasions.

I’m pleased to report that the judge not only awarded over $12,000.00 in wage loss benefits that the insurance company should have paid to our client, but the judge also awarded over $4,000.00 in penalties that the insurance company must pay our client in addition to the wage loss benefits. This is because the workers’ compensation insurer violated Minnesota Statute § 176.238(1), which provides that the employer and insurer may not discontinue payment of wage loss benefits until written notice is filed. The usual method of providing notice is through the use of a form called a Notice of Intention to Discontinue Benefits (NOID). The judge also assessed penalties in excess of $1,000.00 against the insurance company to be paid to the state.

While not every delay in payment by the insurance company is grounds for a claim for penalties, there are some cases in which the employer’s or insurer’s actions are in serious violation of the rules, and those cases warrant a claim for penalties. Unfortunately, we frequently see insurance companies that either intentionally violate the rules and timeframes for payment, or that simply don’t know the rules well enough to follow them. If you have questions about your workers’ compensation claim, or questions about whether you may be entitled to penalties from the insurance company, call us for a free, no-obligation consultation. Call Meuser & Associates at 952-345-2052 or click here to send us an email to schedule a free consultation.

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Minnesota Workers' Compensation: Do I Need a Lawyer?

In short, theoretically, you can handle a disputed workers’ compensation case by yourself, but it probably isn’t wise. Minnesota workers’ compensation law is very complex, based on both specific statutes, and Minnesota court decisions. If you have questions about work comp. in Minnesota, your best source of information is an attorney who practices extensively in the area of workers’ compensation.

If you’ve been hurt at work, typically, your employer will notify their workers’ compensation insurance company, and within a couple weeks, the insurance company will make a determination as to whether to accept or deny your claim.

If your claim has been denied, you should speak with an experienced workers’ compensation attorney, who can file a Claim Petition on your behalf for the workers’ compensation benefits you are entitled to. If your claim has been denied, you do not have to simply accept the decision. The goal of your employer and their insurance company is to minimize costs, which means that they frequently deny even the most legitimate claims. Insurance companies attempt to deny claims for a wide variety of reasons, but these reasons are not necessarily legitimate. Don’t rely on what your employer or the insurance company tells you about your rights under Minnesota workers’ compensation law. They are not interested in protecting your rights.

Even if the workers’ compensation insurance company accepts your claim and pays your medical expenses and/or wage loss benefits, you’d be wise to consult with an experienced workers’ compensation lawyer. All too often, workers’ compensation insurers underpay claims, and they rarely provide an injured worker with accurate information about their rights under Minnesota workers’ compensation law. Even if the insurance company is currently paying your benefits, it’s not a matter of “if” they will deny your claim at some point, but “when.” Retaining an attorney before your claim is denied can help expedite the process when a dispute arises. We can also review your claim to see if there are additional benefits available to you.

Sometimes people also avoid speaking with an attorney about their workers’ compensation claim, thinking that hiring a work comp. attorney costs too much. Meuser & Associates represents injured workers on a contingency fee basis, which means that we do not charge an upfront or hourly fee. Our attorney fees are based on the amount we are able to recover on your behalf. Workers’ compensation fees are set by Minnesota statute at 25% of the first $4,000.00 recovered, and 20% on the next $60,000.00 recovered, for a maximum of $13,000.00.

If there is no dispute on your case, there are no attorney fees. So, if you retain us, and the workers' compensation insurance company pays all the benefits you are entitled to, there are no attorney fees.

If your case involves a rehabilitation or medical dispute only, the workers’ compensation insurance company is responsible for our attorney fees if we are successful on your claim. In those types of cases, you pay nothing, and the attorney fees are not deduced from your benefits. If we are not successful in recovering benefits on your behalf, there are no attorney fees.

To schedule a free, no-obligation consultation with one of our workers’ compensation lawyers, call Meuser & Associates at 877-746-5680, or click here to send us an email.

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Minnesota Workers' Compensation: What is a Claim Petition?

In Minnesota, a workers’ compensation claim is often initiated by filing a Claim Petition. A Claim Petition is a standard form that sets forth basic information about the employee’s claim for workers’ compensation benefits. The Claim Petition contains information about the employee, including his or her name, address, Social Security Number, date of birth, and date(s) of injury. It also lists the name of the employer(s) and insurer(s). The Claim Petition also sets forth the nature of the injury and the average weekly wage at the time of the injury. Finally, the Claim Petition lists the types of claims alleged, including Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Total Disability (PTD), Permanent Partial Disability (PPD), Rehabilitation benefits, and/or medical benefits.

The Claim Petition is filed with the Department of Labor and Industry, and copies of the Claim Petition are served on the employee, the employer, the insurer, and any third-party payors, such as major medical insurers. Notice to Potential Intervenors is often served along with the Claim Petition to any medical providers and any third-party payors.

A Claim Petition is generally filed when the employer and/or insurer is denying primary liability, meaning that they admit no responsibility for the injury. A Claim Petition is also filed when there is a claim for monetary benefits, such as Temporary Total Disability, Temporary Partial Disability, and/or Permanent Total Disability, even if the insurer admits primary liability. If an injured worker has settled his or her case on a full, final complete basis, leaving open future medical benefits, a Claim Petition may be used in some instances where there is a dispute over medical expenses.

Once your Claim Petition has been filed, the employer and/or insurer is generally required to file an Answer to the Claim Petition within 20 days. The employer and/or insurer is required to serve specific responses to the allegations in the claim petition. If an answer is not filed in a timely matter and/or an extension of time to answer is not requested, the employee may request that the matter be scheduled for an expedited hearing.

Typically, after the Claim Petition has been filed, the matter is scheduled for a Settlement Conference at the Office of Administrative Hearings. Prior to the Settlement Conference, if appropriate, the employee’s attorney will often submit a settlement demand to the attorney for the employer and insurer. The purpose of the Settlement Conference is to attempt to discuss the possibility of settlement. Some cases settle at the Settlement Conference, and some do not. If it appears that the parties have reached an impasse, and that further negotiations will not facilitate a settlement, the case may be referred to the Office of Administrative Hearings for the scheduling of a hearing. If either side needs additional information, if the case is not ripe for settlement discussions, or if the sides need additional time to negotiate, the Compensation Judge may also reset a Settlement Conference for a month or two in the future.

If the parties are unable to reach a settlement, the case will proceed toward a Hearing. In Minnesota workers’ compensation, a Hearing is the equivalent of a trial. At the Hearing, both sides will present evidence in support of their respective positions, and the employee will generally provide testimony. After all evidence has been heard, the Compensation Judge issues a decision, which is final and binding on the parties.

The entire process from the filing of the Claim Petition through a Hearing can take anywhere from six months to a year or more. To see a blank copy of a claim petition, click here.

If you’ve been injured on the job, and the workers’ compensation insurance company is denying your claim, you should consult with an experienced workers’ compensation lawyer who can file a Claim Petition on your behalf to help you get the benefits you deserve. Meuser & Associates has been representing injured workers for over 20 years. To schedule a free, no-obligation consultation with one of our workers’ compensation lawyers, call Meuser & Associates at 877-746-568 or click here to send us an email.

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Health Care Workers and Minnesota Workers Compensation Injuries

Health care workers, including nurses, nursing assistants, nursing home attendants, laboratory aids, health care aids, orderlies, CPNs, LPNs, PAs and doctors and other types of health care workers are all at risk for work injuries. In Minnesota, work injuries are covered by workers’ compensation, which provides a variety of benefits to injured workers, including wage loss benefits, permanency benefits, rehabilitation benefits, and medical expense benefits.

While health care might not seem like an inherently dangerous business, between 1995 and 2004 health care workers belonged in the group (second only to truck drivers) with the greatest number of reported work injuries and illness. Eight-hundred-thousand health care workers reported injuries or illnesses during this time period. One-hundred-fifty-four health care workers died from their work injuries between 1995 and 2004.

Common types of health care worker injuries include:

• Neck and back strains and sprains
• Musculoskeletal disorders
• Overexertion injuries
• Neck and back disc herniations
• Carpal tunnel syndrome
• Repetitive motion disorders
• Assaults by patients
• Lifting injuries
• Slip and falls
• Cuts and sticks from sharps (including needles, surgical tools, etc.)
• Exposure to blood borne pathogens, such as HIV, Hepatitis C, Hepatitis B, or other illnesses
  

If you’re a health care worker who has been injured on the job, you may be entitled to Minnesota workers’ compensation, including medical expenses benefits, wage loss benefits, rehabilitation benefits, and/or permanency benefits. Call Meuser & Associates to learn about your rights under Minnesota workers’ compensation. To schedule a free, no-obligation consultation, call us at 877-746-5680 or click here to send us an email.

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Travel With Care on Holiday Weekends: Several People Killed or Injured on Minnesota’s Highways Over Easter Weekend

According to the Star Tribune, several accidents on Minnesota’s roadways caused a number of deaths and serious injuries over Easter weekend.

Sadly, on Sunday, in Scott County a pregnant woman was injured and suffered a miscarriage when the vehicle she was riding in was broadsided by a pickup truck. The pickup truck failed to yield at the intersection of 220th Street and Highway 13. The driver of the car and the pickup truck driver also suffered minor injuries.

Two more people were killed, and two were seriously injured in a two-car collision on Saturday night near Waubun in Mahomen County, when one vehicle struck another vehicle head-on on Mahomen County Road 2.

In Wright County, a 45-year old man was killed when his motorcycle struck a road sign while traveling west on County Road 106. Another Minnesota motorcyclist was killed on Friday in Pierce County, Wisconsin, when he was thrown from his motorcycle on Highway 29 near River Falls.

Three more motorcyclists were injured Saturday afternoon in Minnesota in Pierce County, near Elmwood. One motorcyclist hit a truck when he lost control of his motorcycle while going around a sharp curve and crossed into oncoming traffic. As he made his way back into the southbound lane, he was hit by another motorcycle. All three motorcyclists were taken by emergency transport from the scene.

Our thoughts and prayers go out to the victims of these crashes and their families.

As Memorial Day and Fourth of July quickly approach, it’s critical to use extra caution on Minnesota’s roadways during busy holiday weekends. Here are a few simple, yet powerful things that can decrease your odds of being involved in an accident:

Pay attention. Inattention is one of the leading causes of accidents. Inattention can be caused by many things, including daydreaming, distractions, sleepiness, fatigue, “highway hypnosis,” cell phone use, talking, etc. Paying attention allows you to see, recognize, and avoid potential hazards. Do your best to actually concentrate on what you’re doing while you’re driving, and you’ll be much more likely to see and be able to react to dangerous conditions.

Keep an eye on the other guy. We all make mistakes on the road. Don’t assume that the car next to you won’t make an error. Try to anticipate mistakes other drivers might make to allow yourself a chance to react if a driver does make a mistake. Always allow yourself plenty of braking distance between cars.

Yield anyway. If in doubt, yield. It’s better to be safe than sorry. Remember, no one actually HAS the right of way, until that right of way has been given. It’s not the principle of who should yield, but a safe outcome that matters.

For more good tips on driving safe, visit Roadtrip America’s 70 Rules of Safe Driving.

If you or a loved one has been involved in a serious car accident, you should speak with an experienced personal injury attorney. When you’re trying to recover from your injuries, trying to get back to work, and trying to put your life back together, dealing with insurance companies is the last thing you need to worry about. We can help you get the compensation you deserve. To schedule a free, no-obligation consultation with one of our attorneys, call us at 877-746-5680 or click here to send us an email.

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Use Your Head: Wear a Helmet

Some recreational activities, such as riding horse, skiing, snowboarding, riding bicycle or riding motorcycle, carry with them an increased risk of traumatic brain injury should an accident occur. The single best way to prevent catastrophic brain injuries as the result of an accident is to wear a helmet.

Dr. Marvin Zelkowitz, a board-certified neurologist at Ingalls Memorial Hospital, notes in the SouthTown Star that "In my 30 years as a neurologist, I have seen every type of head injury imaginable, from mild to fatal. Wearing a helmet can help reduce serious head injuries 50 to 80 percent of the time."

Helmets provide two types of protection, Dr. Zelkowitz said. "They're best at preventing penetrating injuries, but they also absorb quite a bit of force."

In order to choose the right type of helmet, one must keep in mind that different activities require different types of helmets. For example, you shouldn't wear a bicycle helmet while skiing and vice versa. Visit the Consumer Product Safety Commission’s Website or the Snell Memorial Foundation, which independently tests all types of helmets to learn more about choosing a helmet. Design and fit are the most important safety features of any helmet. They should be comfortable and snug. A helmet should be centered on the top of the head and the strap should always be buckled.

Helmet use is particularly important for children. As many as 75% of bicycle-related deaths among children could be prevented by the use of a bicycle helmet. To encourage regular helmet use, adults should serve as role models for their children and wear helmets as well.

Despite best intentions, injuries still do happen. The risk of head injuries or traumatic brain injuries is highest among men ages 15 to 24. Fortunately, most head injuries are relatively minor, but for half a million Americans every year, the injuries are severe enough to require hospitalization. For safety’s sake, anyone who has suffered a blow to the head should seek medical attention. If you experience convulsions, slurred speech, weakness or numbness in the extremities, dilation of one or both pupils, vomiting, severe headaches, confusion or agitation, you should seek emergency medical attention. The initial period of care following a brain injury is critical. Emergency care for traumatic brain injury focuses on preventing permanent and serious brain damage.

If you or a loved one has suffered injuries as the result of a bicycle or motorcycle accident, contact Meuser & Associates to learn about your rights under Minnesota law. For a free, no-obligation consultation, call us at 877-746-5680, or click here to send us an email.

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Pronator Teres Syndrome and Minnesota Workers' Compensation

Repetitive motion injuries, or cumulative trauma injuries, are commonly known as Gillette injuries under Minnesota workers’ compensation law.

Because the symptoms of carpal tunnel syndrome and pronator teres syndrome are similar, it is often difficult to determine which nerve has been injured when a person experiences symptoms in his or her fingers, hands, wrists, forearms, and elbows.

Pronator teres syndrome (also referred to as Pronator syndrome) is an upper extremity nerve entrapment syndrome involving the median nerve.

PTS develops from compression of the median nerve by the pronator teres muscle, and is sometimes referred to as pronator syndrome. The term pronator syndrome also can include median nerve compression by other structures in the elbow, such as the ligament of Struthers or the bicipital aponeurosis (lacertus fibrosus). Compression can be due to muscle hypertonicity or fibrous bands within the muscle pressing on the nerve. In some cases, pressure is placed on the nerve by anatomical anomalies, such as the nerve traveling deep to both heads of the pronator teres. In this situation, the nerve might be compressed against the ulna by the pronator teres muscle itself.

Symptoms of pronator syndrome include a diffuse forearm ache, usually resulting from prolonged muscular effort. Paresthesia may also be noted in the median field of the hand. There may also be tenderness over the area of entrapment, which can lead to pain in the forearm. Pressure on the area of nerve entrapment may cause abnormal sensations down the path of the median nerve. This is known as Tinel’s sign. People suffering from pronator syndrome may also experience decreased strength to muscles in the forearm. Specifically, victims of pronator teres syndrome may result in a decreased ability to pronate the wrist, a loss of wrist flexion, partial loss of finger flexion, and a loss of thumb opposition. In contrast, people with carpal tunnel syndrome will not demonstrate weakness in wrist flexion, wrist pronation, or finger flexion.

People with carpal tunnel syndrome and pronator teres syndrome both experience sensory loss, however the patterns of sensory loss differ. Pronator syndrome causes sensory loss in the entire median nerve field of the hand. In contrast, carpal tunnel syndrome causes sensory loss primarily in the thumb and fingers. Additionally, pronator teres syndrome pain is exacerbated by repetitive elbow flexion, and symptoms arise in the forearm as well as the hand. Carpal tunnel syndrome, on the other hand, is aggravated by wrist movements, and forearm pain is not as common or as severe.

People with carpal tunnel syndrome frequently report night pain, while individuals with pronator syndrome generally do not. This is because prolonged wrist flexion during sleep aggravates carpal tunnel syndrome, whereas wrist flexion does not affect the pronator teres muscle.

Treatment for pronator teres syndrome may include conservative therapies such as massage and physical therapy, ultrasound, anti-inflammatory medications, pain medications, or corticosteroid injections. If conservative therapies fail, decompressive surgery may be necessary.

People suffering from pronator teres syndrome as the result of repetitive motions at work are entitled to workers’ compensation benefits under Minnesota law, including medical benefits, wage loss benefits, permanency benefits, and/or rehabilitation benefits. Unfortunately, workers who suffer from pronator teres syndrome may ultimately be medically required to avoid the types of repetitive motions required by their jobs.

If you’ve been diagnosed with pronator teres syndrome as the result of your work related activities, you should report the injury to your employer, and consider retaining an experienced workers’ compensation lawyer to make sure you get the benefits you are entitled to. To schedule a free, no-obligation consultation with one of our attorneys, contact Meuser & Associates at 877-746-5680, or click here to send us an email.

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Spinal Disc Herniation Injuries

One of the most common injuries we see in our workers’ compensation and personal injury practice is disc herniation. If you’ve suffered a disc herniation as the result of your work activities, or as the result of a motor vehicle collision, you may be entitled to compensation.

A disc herniation, also commonly referred to as a prolapsed disc, ruptured disc or “slipped disc,” is a medical condition affecting the spine, where a tear in the outer, fibrous ring (annulus fibrosus) of an intervertebral disc allows the soft, central portion (nucleus) of the disc to bulge out. A tear in the outer disc ring may cause the release of inflammatory chemicals into your body, causing severe pain. If the bulge or prolapse compresses on a nerve root, it can cause pain and symptoms extending from the neck or back into the arms or legs. A disc herniation may begin as a disc protrusion, or disc bulge, where the outer layers of the disc are intact, but protrude outward when the disc is under pressure.

Disc herniations can occur at any level of the spine, but most commonly, they occur in the cervical spine (neck) or in the lumbar spine (low back). Lumbar disc herniations occur 15 times more often than cervical spine disc herniations. Cervical disc herniations occur in 8% of cases, and herniations occur only 1-2% of the time in the thoracic spine (mid-to-upper-back). Lumbar disc herniations often cause leg pain, which is commonly referred to as sciatica.

Lumbar herniations occur most commonly between the fourth and fifth vertebrae (L4-L5), and between the fifth vertebrae and the sacrum (L5-S1). Symptoms from a herniation in the lumbar spine can affect the low back, buttocks, hips, thigh, calf, foot, and toes. The sciatic nerve can be affected, causing symptoms of sciatica. The femoral nerve can also be affected, causing a numb, tingling feeling throughout one or both legs, or a burning feeling in the hips and legs.

Cervical herniations occur most often between the sixth and seventh vertebrae (C6-C7). Symptoms from a herniation in the cervical spine can affect the back of the skull, the neck, shoulder girdle, scapula, arm, and hand. The nerves of the cervical plexus and brachial plexus can also be affected.

Interestingly, most disc herniations occur to persons in their thirties or forties. After age 50 or 60, intervetebral discs tend to “dry out” and are less likely to herniated. Low back pain after the age of 50 or 60 is more frequently caused by spinal degeneration or spinal stenosis.

Disc herniations can be caused by repetitive motions, overuse, general wear and tear, blunt force trauma, lifting injuries, sharp impacts, or a variety of other strains.

Symptoms of a herniated disc depend largely on the location of the herniation. Herniations can cause little or no pain, isolated to the neck or back, or they can cause severe and disabling pain throughout virtually the entire body. Other than pain symptoms, herniated discs can cause sensory changes, such as numbness, tingling, muscular weakness, paralysis, paresthesia, decreased sensation and decreased reflexes. Generally, symptoms are experienced on one side of the body or other, in correlation whith the side of the spine where the herniation has occurred. If the herniation is large and presses on the spinal cord or cauda equina in the lumbar spine, both sides of the body may be affected.

A herniated disc is diagnosed by a doctor based on the patient’s history, symptoms, and physical examination. If a disc herniation is suspected, X-rays, a CT-Scan, an MRI, or a Myelogram may be performed to confirm a suspected herniation and to pinpoint its location.

Many herniated discs will heal after several weeks or months without surgical intervention. Often, conservative therapies including chiropractic treatment, physical therapy, bed rest, support belts, prescription anti-inflammatory medications, yoga therapy, prescription pain killers, spinal decompression, prescription muscle relaxers, oral steroid medications, and cortisone and steroid injections, are used to treat the symptoms of a herniated disc.

Surgery is generally considered as a last resort after conservative treatments fail to relieve pain or heal the disc herniation. Surgery is generally required if a patient has a significant neurological deficit, such as paralysis or cauda equina syndrome (in which there is incontinence, weakness and genital numbness). This condition is considered a medical emergency.

Surgical options include:

• Microdiscectomy 
• IDET 
• Laminectomy 
• Hemilaminectomy 
• Lumbar/Cervical fusion
• Anterior cervical discectomy and fusion
• Disc arthroplasty 
• Dynamic stabilization
• Artificial disc replacement 
• Nucleoplasty

If you have sustained a herniated disc as the result of a work injury or car accident, a workers’ compensation lawyer or personal injury can help you get the compensation you deserve. To schedule a free, no-obligation consultation with one of our attorneys, call Meuser & Associate at 877-746-5680 or click here to send us an email.

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Commercial Truck Accidents in Minnesota: Use Extra Caution When Driving Around Trucks

Each year, thousands of people in the United States are killed or seriously injured in accidents involving commercial trucks. Drivers should exercise caution when driving near commercial trucks to help prevent serious accidents.

Here are some things to keep in mind about sharing Minnesota roads and highways with commercial trucks, tractor-trailers, and semi-trucks:

Truck Drivers Have Large Blind Spots. There are large blind spots around the front, back, and sides of the truck. When cars are in these blind spots, the trucker cannot see them. Always give a truck plenty of space, and try to avoid its blind spots.

Trucks Make Wide turns. Truck drivers often have to swing out to make turns. Give trucks plenty of space when they are making turns. Do not try to squeeze by a truck as it's attempting to make a turn.

Tractor Trailers Require Longer Stopping Distances. Due to the heavy weight of tractor-trailers, it takes longer for trucks to come to a stop. If there’s a sudden stop on the highway, semi-trucks may not have enough stopping distance to avoid a rear-end collision.

In addition to the inherent physical and mechanical characteristics that contribute to truck accidents, a number of other preventable factors can lead to more truck accidents:

Driver fatigue. Long hours, unrealistic schedules and tired drivers increase the likelihood of truck accidents. According to the U.S. National Transportation Safety Board (NTSB), driver fatigue is a probable factor in 20 to 40% of truck crashes.

Intoxicated driving. The NTSB reports that 67% of fatally injured truck drivers tested positive for alcohol or drugs.

Excessive speed. Drivers operating their trucks at excessive speeds are much more likely to be involved in jackknife or rollover accidents.

Inadequate inspections. According to the Federal Motor Carrier Safety Administration (FMCSA), there were over 2 million roadside inspection violations last year alone.

If you or a loved one has been injured as the result of a truck crash in Minnesota, you should seriously consider retaining an experienced Minnesota personal injury lawyer. Fighting an insurance company on your own to secure the compensation you deserve can be an extremely difficult and frustrating process. We can help make the process less difficult. To schedule a free, no-obligation consultation, call Meuser & Associates at 877-746-5680 or click here to send us an email.

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Injuries Sustained During Recreational Activities and Employer Sponsored Social Events and Minnesota Workers’ Compensation

In many states, workers’ compensation covers people who are injured at company picnics, employer-sponsored social events, and employer organized recreational activities.

The Minnesota legislature, however, decided to limit the types of employer sponsored social and recreational activities that are considered to be within the course and scope of the employment. What this means is that many injuries that occur at company picnics, company softball games, employer-sponsored social events, and other employer organized recreational activities are not covered by workers’ compensation.

Specifically, Minnesota Statute Section 176.021(9) (1988) provides:

Injuries incurred while participating in voluntary recreational programs sponsored by the employer, including health promotion programs, athletic events, parties, and picnics, do not arise out of and in the course of employment even though the employer pays some or all of the costs of the program. This exclusion does not apply in the event that the injured employee was ordered or assigned by the employer to participate in the program. Minn. Stat. § 176.021(9) (1988).

This does not mean, however, that all injuries that occur at employer-sponsored events are excluded from workers’ compensation coverage. In order to fall within the exclusion set forth in the statute, (1) the event must be “recreational,” (2) the activity must have been voluntary, and (3) the employee must not have been ordered or assigned to participate in the program.

If you have been injured at an employer-sponsored “Fun Day,” picnic, party, or other recreational or social activity, you should speak with an experienced workers’ compensation lawyer to determine whether your injuries are covered by Minnesota workers’ compensation. These cases are very fact specific, and workers’ compensation insurance companies almost never voluntarily pay benefits in these circumstances. To schedule a free, no-obligation consultation with one of our workers’ compensation lawyers to determine if you are entitled to workers’ compensation benefits, call Meuser & Associates at 877-746-5680 or click here to send us an email.

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More 3M Layoffs and MN Work Comp. Benefits

News of more and more layoffs belies the harsh reality that our economy is not recovering quickly. The Pioneer Press recently reported that Maplewood, Minnesota-based 3M Company laid off 1,200 workers in the first three months of 2009, and 2,400 in the last three months of 2008. Executives said that more job cuts could be coming. Several hundred of these layoffs are from 3M locations within Minnesota.

Hopefully, the economy will start to recover, layoffs of Minnesotans will slow in the next few months and folks can start getting back to work.

While getting laid off is extremely difficult, it can be even more difficult for laid-off workers who have physical restrictions related to a work injury. Frequently, workers who are on light-duty or who have physical restrictions related to a work injury are the first to be laid off. These physical restrictions, such as lifting limitations, or limitations on the number of hours a person can work can make finding a new job incredibly difficult. Fortunately, in Minnesota, if a worker who has physical restrictions due to a work-related injury is laid off for economic reasons, that worker may be entitled to wage loss benefits, and rehabilitation assistance through workers’ compensation.

Wage loss benefits, including Temporary Total Disability (TTD) Benefits, Temporary Partial Disability (TPD) Benefits, and Permanent Total Disability (PTD) Benefits, are available to workers who are unable to work, or who are working at a wage loss due to a work-related injury.

These workers may also be entitled to the assistance of a Qualified Rehabilitation Consultant (QRC), who can provide job placement services and/or retraining.

If you’re a 3M worker, or any other worker who has been laid off for economic reasons, but you have physical restrictions for a work-related injury, you may be entitled to workers’ compensation benefits. To schedule a free, no-obligation consultation with one of our workers’ compensation lawyers, call Meuser & Associates at 877-746-5680 or click here to send us an email. We can help you get the benefits you are entitled to.

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Traumatic Brain Injury (TBI), Causes, Signs and Symptoms

More than 1.5 million people suffer traumatic brain injury (TBI) every year. Traumatic injury to the brain occurs in one of two ways. First, the cerebral cortex can be bruised as the result of a hard object striking the head, or when the head strikes a hard object. This is sometimes called a contusion or concussion. Second, the deep white matter in a person’s brain can suffer diffuse injury as the result of an injury to another part of the body, where the force of the shock is transferred to the brain. In these types of injuries, such as in severe whiplash injuries, the axons or neurons, which conduct electrical impulses in the brain, are damaged.

Traumatic brain injuries can cause a variety of physical, cognitive, and emotional or behavioral symptoms, including:

• Physical symptoms: paralysis, hearing loss, ringing in the ears, vision impairment, blurred vision, headaches, speech impediments, seizures, involuntary muscle spasms, reduced endurance, loss of consciousness
• Cognitive symptoms: communication impairments, difficulty with writing, attention deficits, difficulty with concentration, unusual perception, difficulty planning, short and/or long term memory loss, dizziness, loss of coordination, vertigo, poor judgment, deficient reading skills, disorientation
• Behavioral/emotional symptoms: agitation, restlessness, fatigue, anxiety, mood swings, low-self esteem, depression, sexual dysfunction, lack of motivation, sadness, inability to cope
  

Traumatic brain injuries frequently occur as the result of a car accident or as the result of a fall. Even minor accidents or seemingly small head bumps can cause life-altering brain injuries. Some traumatic brain injuries do not immediately cause obvious impairments or symptoms. If a head or brain injury is suspected, the victim must be monitored closely. Unfortunately, in some instances, an untreated serious brain injury can cause death or catastrophic disability.

What to watch for after an accident:

• Monitor the victim. If a person has been involved in a car accident or fall where they hit their head, even if they did not lose consciousness, they should be monitored carefully for signs and symptoms of traumatic brain injury.
• Watch for symptoms of dizziness, headache, confused thinking and vomiting. These symptoms are signs of traumatic brain injury. If the victim displays any of these symptoms after an accident where they hit their head, take them to an emergency room.
• Monitor for changes in condition. If an accident victim’s symptoms change, i.e., a headache worsens, they vomit or become nauseous, they become sleepy, or exhibit confusion or other behavioral changes within 12 hours of the head injury, they may have a brain bleed, and should be taken to an emergency room.
• Medications. People on blood thinning medications are at greater risk for bleeding in the brain. Monitor their symptoms closely.
• Seniors, children, and young adults. Seniors, children, and young adults should be very closely monitored for symptoms of a brain injury after an accident. These victims may have more difficulty communicating their symptoms, or may not as notice the symptoms as readily as other people. If they show any signs of vomiting, confusion, or severe headache, they should be taken to an emergency room.
  

If you or a loved one has suffered a traumatic head injury as the result of a car or truck accident, or as the result of a work-related injury, contact the experienced personal injury and workers’ compensation lawyers at Meuser & Associates for a free, no-obligation consultation. We can help make sure you get the compensation you are entitled to. Call us today at 877-746-5680 or click here to send us an email to schedule a free consultation.

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Meuser & Associates, P.A., Wins at the Minnesota Court of Appeals

Meuser & Associates, P.A. has represented a number of Minnesota police officers and firefighters for workers’ compensation claims. We’ve also assisted a number of our clients in procuring Continuation of Healthcare Coverage under Minnesota Statute 299A.465.

Prior to July 2008, an injured firefighter or police officer who had been approved for a duty disability pension could seek continued healthcare coverage under Minnesota Statute 299A.465 by applying to a panel to request a hearing. Unfortunately, the Panel erroneously denied benefits to many claimants.

The Minnesota legislature revised the statute effective July 2008, attempting to streamline the process of securing continued healthcare coverage. Unfortunately, the new legislation is possibly worse than the old legislation. While PERA (Public Employee Retirement Association) members and members of local relief associations, such as MFRA (Minneapolis Firefighters Relief Association), are included in the statute, the legislature apparently forgot about members of MSRS (Minnesota State Retirement Service), which includes members of the State Highway Patrol. Currently, there is a dispute as to whether disabled State Highway Patrol Officers are entitled to continued healthcare continuation. To read more about this dispute, click here.

We’ve succeeded in obtaining continued healthcare coverage under Minnesota Statute 299A.465 for several of our clients, including four cases we won at the Minnesota Court of Appeals. We got the fourth decision from the Court of Appeals today.

In the first case, Meuser & Associates, P.A. successfully argued before the Minnesota Court of Appeals that the Panel erroneously considered factors outside the scope of its statutory authority, thus securing Continued Healthcare Coverage for our client. Click here to read a copy of the Court of Appeals opinion.

In the second case, an injured firefighter petitioned the Panel for a review of his application. After three hearings, the Panel made numerous procedural and legal errors. The City of Richfield and our client ultimately agreed to settle the case, and our Client withdrew his application before the Panel. Despite withdrawing his application, the Panel held that he was ineligible for benefits. On review, the Court of Appeals reversed and agreed that the Panel did not have jurisdiction to deny our client’s benefits. Click here to read a copy of the Court of Appeals opinion.

In the third case, the City of Minneapolis refused to extend Continued Healthcare Coverage for our client. We made a motion for summary judgment in the District Court, which was denied. On appeal to the Minnesota Court of Appeals, the Court agreed with our position that the claimant’s dependant insurance coverage through his wife’s policy was sufficient to qualify him for Continued Healthcare Coverage. The case was remanded to determine whether he met the other qualifications for Continued Healthcare Coverage. Click here to read a copy of the Court of Appeals opinion.

Finally, in the most recent case case, the Panel refused to extent Continued Healthcare Coverage for our client based on the suggestion that his injury may have been caused by something other than his employment. They also speculated that his disability might be temporary rather than permanent in nature. The Court of Appeals reversed, holding that the Panel’s decision was not supported by the evidence, and in fact, the evidence showed that our client was entitled to Continued Healthcare Coverage. The Panel also concluded that the Panel exceeded its statutory authority in making a determination as to whether our client’s disability was temporary or permanent in nature. Click here to read a copy of the Court of Appeals opinion.

If you have questions about your entitlement to Continued Healthcare Coverage under Minnesota Statute 299A.465, give us a call at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation. Note that our services in conjunction with continued healthcare coverage are billed on an hourly basis rather than on a contingent basis.

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Consequential Injuries and Minnesota Workers’ Compensation

In Minnesota, subsequent injuries or disabilities that occur as a direct and natural consequence of a previous compensable injury are also compensable. Unfortunately insurance companies often attempt to deny responsibility for these consequential injuries.

Common types of consequential injuries involve aggravations that are due in part, to an employee’s existing work-related condition. For example, if an employee suffers a permanent back injury, later aggravations of that injury are often consequential injuries, and should be covered by the workers’ compensation insurance company. Even aggravations that occur outside of work, so long as they resulted from normal activity reasonable under the circumstances, are usually considered to be consequential injuries.

Other common types of consequential injuries include:

• Depression as the result of an employee’s injuries
• Medical side-effects from or reactions to medications
• Injuries sustained during physical therapy (you’d be surprised how often people are injured during physical therapy)
• Injuries or medical conditions caused by orthotics or prosthetics
• Injuries caused by crutches, walkers, wheelchairs, or canes
• Overuse injuries to a non-dominant hand or arm, when the original injury to the opposite hand or arm forced the employee to use the other hand more
• Injuries to the knee or leg, when the original injury to the opposite knee or leg caused the employee to develop an unnatural gait
• Bedsores from hospitalizations
• Chemical dependence on prescription pain killers
• Medical malpractice in the course of treatment for a work injury
• Arthritis due to an old injury
• Disc degeneration as the result of an old back injury
• Disc injuries above or below a fusion
• Infection following surgery or an injury
  

Certain other types of injuries may be deemed to be consequential injuries, even though there is no medical connection between the new injury and the old injury. These types of cases involve activities undertaken by the employee, following an injury, which, although they take place outside the time and space limits of the employment, are still considered related to the employment because they would not have been undertaken but for the original injury. The most common example of this type of injury is a car accident sustained while traveling to or from a doctor’s office for treatment of a work injury.

If you have sustained an injury at work, an experienced workers’ compensation lawyer can help make sure you get all the benefits you are entitled to today. Call Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free consultation.

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Wage Loss Benefits and Minnesota Workers’ Compensation

If you suffer wage loss as the result of a work-related injury, you may be entitled to wage loss benefits including:

Temporary Total Disability (TTD) Benefits: TTD Benefits are available to employees who are completely unable to work due to a work-related injury.

TTD Benefits are calculated as 2/3 of the employee’s Average Weekly Wage (AWW) at the time of the injury. For injuries that occurred after October 1, 2008, TTD benefits are available for a maximum of 130 weeks. For injuries that occurred between October 1, 1995 and September 30, 2008, TTD benefits are available for up to 104 weeks. Generally, for injuries that occurred prior to October 1, 1995, there is no specific time limit on the receipt of TTD wage loss benefits.

Temporary Partial Disability (TPD) Benefits: TPD Benefits are available to employees who are suffering from a work-related disability, but are able to work at a reduced earning capacity. TPD Benefits are intended to make up for the difference in earnings.

TPD Benefits are calculated as 2/3 of the difference between the employee’s current earnings and the employee’s Average Weekly Wage (AWW) at the time of the injury. For injuries that occurred between January 1, 1984 and September 30, 1992, there is no specific durational limit on the receipt of TPD wage loss benefits. Between October 1, 1992 and present, receipt of TPD benefits is limited to a maximum 225 weeks.

Permanent Total Disability (PTD) Benefits: PTD Benefits are available to employees who are permanently and totally disabled from working as the result of work-related injuries. In 1992, the legislature further defined “permanent total disability:”

“…‘totally and permanently incapacitated’ means that the employee’s physical disability, in combination with the employee’s age, education, training and experience, causes the employee to be unable to secure anything more than sporadic employment resulting in an insubstantial income.” (Minn.Stat. § 176.101(5)(b).)

As of October 1, 1995, an injured employee must meet certain thresholds in order to prove permanent total disability, including:

• The employee has at least a 17% permanent partial disability rating of the whole body.
• The employee has a permanent partial disability rating of the whole body of at least 15% and the employee is at least 50 years old at the time of the injury.
• The employee has a permanent partial disability rating of the whole body of at least 13% and the employee is at least 55 years old at the time of the injury, and has not completed grade 12 or obtained a GED certificate.
  

PTD benefits are calculated as 2/3 of the employee’s Average Weekly Wage (AWW) at the time of the injury. PTD benefits are generally available until the age of retirement. PTD benefits may also be offset against other government disability or old age and survivor benefits, including social security disability benefits, social security retirement benefits, PERA benefits, police and firefighter relief association benefits, and state retirement benefits.

If you’ve been injured on the job, and the insurance company has accepted your claim, the question is not “if” they will discontinue your benefits at some point, but “when.” Even if there is not currently a dispute regarding your workers’ compensation benefits, it is a good idea to speak with a workers’ compensation lawyer to make sure you get all the benefits you are entitled to. Often, people we speak with are hesitant to hire a lawyer when there is no dispute with the insurance company. One thing we always point out is that even if you retain us, if there is no dispute over your benefits, no attorney’s fees are withheld from your benefits. Retaining a lawyer before a dispute arises can substantially reduce the time it takes to initiate your claim when a dispute does arise.

If you are permanently and totally disabled as the result of a work-related injury, in combination with any non-work related health conditions that limit your ability to work, you should speak with a workers’ compensation lawyer. Seldom do workers’ compensation insurance companies voluntarily agree that you are Permanently Totally Disabled, which means that they will probably have to pay you wage loss benefits for a much greater length of time than if you are not permanently and totally disabled.

The experienced workers’ compensation lawyers at Meuser & Associates can help make sure you get the wage loss benefits you are entitled to. Contact us today at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation.

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Construction Worker Injuries and Minnesota Injury Law

As the weather grows warmer here in Minnesota, demand for construction workers will increase. Unfortunately, as construction increases during the Spring and Summer months, so do construction injuries. Construction workers, including framers, siders, roofers, painters, electricians, plumbers, welders, installers, concrete workers, and steel workers are all at high risk for work-related injuries. Construction workers and skilled laborers and tradesman should be aware of their rights if they are injured while working on a construction job.

On any given day, nearly 6.5 million people work at approximately 252,000 construction sites. Unfortunately, the fatal injury rate in the construction industry is much higher than the national average for all other industries. In 2007, there were 441 work-related construction worker deaths, and there were 39 construction worker fatalities in Minnesota. Construction has about 8% of U.S. workers, but 22% of the fatalities - the largest number of fatalities reported for any of the industry sectors.

Common Hazards for Construction Workers

Some common potential hazards for workers in the construction industry include:

• Falls from ladders
• Falls from roofs
• Falls from scaffolding
• Scaffolding collapses
• Trench collapses
• Electric shocks
• Arc flashes/arc blasts
• Repetitive motion injuries
• Foreign objects in eyes
• Chemical exposure to the eyes or skin
• Injuries from falling objects
• Puncture wounds
• Hand and foot crush injuries
• Respiratory exposure to toxic fumes or chemicals
• Burns
• Lifting injuries
• Structural collapses
• Crane accidents
• Forklift accidents
• Backhoe accidents
• Frontloader accidents
• Elevator shaft falls
• Occupational hearing loss
• Heavy equipment accidents
• Motor vehicle accidents
• Power line accidents
• Compressed gas explosions
• Power tool accidents
• Lead poisoning
• Derrick accidents
• Falls through skylights and floor openings
• Boom collapses
• Hoist accidents
• Conveyor accidents
• Crane tip-overs
• Saw accidents
• Sander accidents
• Over-exertion injuries
• Polisher accidents
• Exposure to asphalt fumes
• Skid steer loader accidents
• Hoist accidents
• Falls from telecommunication towers
• Winch accidents
• Excavation cave-ins
• Grater accidents
• Carbon monoxide poisoning
• Scraper accidents
• Tractor accidents
• Silica dust exposure
• Bobcat accidents
• Bulldozer accidents
• Boiler accidents and explosions
• Gas explosions
• Foundation collapses
• Nail gun accidents
• Air compression accidents
  

Minnesota construction workers who are injured on the job are often entitled to workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanency benefits, and rehabilitation or retraining benefits. If a construction worker is killed as the result of his or her construction work activities, his or her survivors may be entitled to death and dependency workers’ compensation benefits.

“Independent Contractors” or Employees?

Unfortunately, many construction workers incorrectly believe that they are “independent contractors” who are generally not entitled to Minnesota workers’ compensation benefits. In many, many cases, a construction worker who has been labeled as an “independent contractor” by his or her employer is actually an employee under Minnesota law. That means they are entitled to workers’ compensation benefits.

Effective January 2009, the Minnesota legislature passed a law requiring “independent contractors” to obtain an Independent Contractor Exemption Certificate, among other things. If a so-called “independent contractor” is injured on a construction job in Minnesota after January 2009, and does not have an Exemption Certificate, he or she is considered an employee for purposes of workers’ compensation. Even if a construction worker has obtained an Exemption Certificate, there are several other factors that must also be met in order for an employee to be considered an “independent contractor” for purposes of Minnesota workers’ compensation.
Even prior to 2009, for a construction worker to be considered an “independent contractor,” a series of several factors had to be satisfied. Otherwise, the injured worker was considered an employee for purposes of Minnesota workers’ compensation.

If you are a construction worker who was hurt on the job, and you’re unsure whether or not you’re an “independent contractor,” we are happy to provide a free, no-obligation consultation. Call Meuser & Associates at 877-746-5680 or click here to send us an email. Unfortunately, if there is any question as to whether you are an employee or an independent contractor, it is almost guaranteed that the workers’ compensation insurance company will deny your claim.

Uninsured Subcontractors

Generally, an employer is liable only for workers’ compensation benefits to its own employees. However, there is one major exception to this rule which is unique to the construction industry. Where a subcontractor fails to obtain workers’ compensation coverage, the general or intermediate contractor is liable for workers’ compensation benefits to an injured employee, if the subcontractor is working on the subject matter of the subcontract. What this means is that if you are an employee of a subcontractor, and your employer failed to carry workers’ compensation, the general contractor on the job may be responsible for workers’ compensation benefits if you are hurt on the job.

If you are hurt on the job, and your employer is a subcontractor that has no workers’ compensation insurance coverage, you may be covered by the general contractor’s workers’ comp. insurance. Unfortunately, it is almost guaranteed that the general contractor’s insurance company is not going to want to pay your claim. You will probably be in for a fight to get the workers’ compensation benefits you are entitled to. We’ve successfully represented many construction workers in situations like this. Call Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation with one of our workers' compensation lawyers.

Uninsured Employers and Workers’ Compensation Benefits

Unfortunately, especially in this horrible economic climate, many small construction companies don’t carry workers’ compensation insurance, in an effort to cut costs. If you are a construction worker injured on the job and your employer has no insurance, you may still be entitled to workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanency benefits, and rehabilitation and/or retraining benefits. The Minnesota Special Compensation Fund pays workers’ compensation benefits when an employee is injured on the job, but the employer has no workers’ compensation insurance. The uninsured employer does not get by for free in this situation, however. Employers are required by law to carry workers’ compensation insurance to cover their employees. If an employee is injured and the Special Compensation Fund has to pay for that employee’s benefits, the uninsured employer has to reimburse the Special Compensation Fund, and it may also be liable for fines and penalties.

Securing workers’ compensation benefits from the Minnesota Special Compensation Fund when the employer had no insurance is a relatively complex process. The Special Comp Fund treats claims just like a insurance company does, which means they may deny your claim just like a regular insurance company. If your employer had no insurance, you are well advised to contact an experienced workers’ compensation lawyer to help you secure work comp. benefits. Call Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation with a workers' comp. lawyer.

Third-Party Liability Claims

In addition to workers’ compensation benefits, injured construction workers frequently have third-party liability claims against third parties. Often, injuries to construction workers and job site accidents are caused by the negligence or carelessness of third parties. In any case where a construction worker’s injuries are caused by a third party, other than the employer or a co-worker, there may be a civil case against the third party. Common examples include motor vehicle accidents, accidents caused by other subcontractors, and accidents caused by the negligence of a property manager or owner. While Minnesota workers’ compensation provides some wage loss benefits, some permanency benefits, and some other monetary benefits, generally, civil claims allow an injured person to claim much greater damages, such as greater wage loss, future medical expenses, pain and suffering, and loss of enjoyment of life.

A lawyer representing a construction worker injured on a construction site should always investigate the facts of a case to determine whether there is a potential civil claim against a third party. Unfortunately, some lawyers practice only workers’ compensation law, or only personal injury law. Lawyers who practice only personal injury law may not be able to effectively handle your workers’ compensation case. Conversely, lawyers who practice only workers’ compensation law may not recognize your civil case, and may not be able to effectively handle it. In that case, you might need two lawyers to deal with your one accident. The lawyers at Meuser & Associates practice both workers’ compensation and personal injury law, so we know how to do both, and we can handle both aspects of your case, eliminating the need to hire two different lawyers. Call us today at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation.

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