Saturday, February 28, 2009

Minnesota Workers' Compensation and Undocumented Workers

Under Minnesota law, an injured workers’ immigration status is irrelevant to a determination of whether that employee is entitled to workers’ compensation benefits. What this means is that undocumented workers are entitled to the same workers’ compensation benefits as documented workers, including wage loss benefits, medical benefits and rehabilitation benefits.

Unfortunately, undocumented workers are frequently unaware of their rights under Minnesota workers’ compensation law, and employers of injured undocumented workers regularly tell the workers that they have no rights. In our practice, we also frequently see undocumented workers facing retaliation and intimidation by employers after reporting an injury.

Minnesota Workers’ Compensation Advisory Council and Department of Labor and Industry Commissioner Steve Sviggum have been working throughout 2008 to review the Work Comp system and propose changes to the Minnesota legislature.

One of those proposed changes would strip workers’ compensation benefits from injured undocumented workers. Commissioner Sviggum explained the rationale as follows:
Let me be as bold to say, illegal aliens should not be awarded full workers’ compensation benefits. Such policy discriminates unfairly in favor of the undocumented worker, unjustly requiring the employer to pay more than he or she should to, essentially, reward that person for the illegal work activity.

When an illegal alien enters into the system, however, the principal objective of workers’ compensation is lost and only the illegal alien benefits from workers’ compensation programs. When applied to cases involving illegal aliens, the way in which workers’ compensation statutes determine an injured employee’s capacity to return to work is fundamentally flawed to privilege the undocumented worker.

Compared to American or documented workers, of whom 75 percent return to work in less than a month following the injury, the legal reemployment rate for undocumented workers is zero percent, an unambiguous and costly discrepancy.
This proposed change is drastic and the rationale behind it is questionable, at best.

First, the notion that employers somehow pay more for compensation benefits for undocumented workers is fundamentally flawed. By hiring undocumented workers, employers frequently pay minimal wages and benefits to these individuals. If that undocumented worker is injured on the job, the employer’s insurance company is required to pay the exact same benefits to that injured worker as they would be required to pay legal workers. No more, no less.

Commissioner Sviggum suggests that undocumented workers cost employers and insurers more because they cannot be legally re-employed, thus extending the time they receive wage loss benefits. First, the fact that the undocumented worker was employed by the employer in the first place refutes the idea that undocumented workers can’t go back to work. To avoid paying long-term wage loss benefits, the employer can simply return the injured worker to his or her original job. Secondly, Commissioner Sviggum is correct in noting that undocumented workers cannot legally be re-employed. However, our experience suggests that undocumented workers really don’t have that much difficulty finding employment because employers are more than willing to hire people with questionable immigration status. While illegal immigration is a problem, prohibiting an injured undocumented worker from receiving workers’ compensation benefits does nothing to actually address the problem.

In fact, eliminating benefits for undocumented workers would actually exacerbate the problem by encouraging employers to hire undocumented workers. It would allow employers to hire undocumented workers, pay them minimal wages, have them work in dangerous conditions, and face absolutely no consequence through the workers’ compensation system if that employee is injured.

Without workers compensation benefits, an undocumented injured worker may be forced to resort to relying on other assistance programs, such as medical assistance, general assistance, and food stamps, substantially increasing the burden on taxpayers.

Moreover, the whole concept behind the workers’ compensation system is to require employers to bear the burden for injuries that occur on the job, and in exchange, employees give up the right to sue their employers. Eliminating workers’ compensation benefits for undocumented workers may actually have the unintended consequence of increasing liability costs for employers. If no workers’ compensation benefits are available to an injured undocumented worker, that worker may have the right to sue their employer for their injuries. As a rule, in any given case, the potential civil liability exposure would be much greater than any potential workers’ compensation exposure. Under Minnesota Workers’ Compensation, benefits include medical benefits, rehabilitation benefits, limited wage loss benefits, and limited permanency benefits. A civil case against an employer may include pain and suffering, greater wage loss benefits, and punitive damages, in addition to the benefits available under workers’ compensation.

If Commissioner Sviggum wants to curb illegal immigration, the workers’ compensation system is the wrong place to start. His proposed changes would have no effect on illegal immigration, and would most likely encourage employers to hire more undocumented workers. Let’s hope that this proposal does not get past the Minnesota legislature. If you are an injured worker and need assistance obtaining workers’ compensation benefits, call us at 877-746-5680 or click here to send us an email to schedule a free consultation with one of our workers' compensation lawyers.

Visit our workers' compensation website at MeuserLaw.com!

Friday, February 27, 2009

Audit of MN Work Comp System Reveals Underpayment by Insurance Companies

A new report released by the Minnesota Office of the Legislative Auditor reveals the results of a recent audit of the Minnesota workers' compensation system. Among other things, the report reveals that insurance companies underpaid work comp claims by over $3 million in each of the last few fiscal years. While those of us who practice workers' compensation frequently see underpayments by insurance companies or questionable denials of claims, unfortunately, errors in calculating benefits even when there is literally no question as to an employee's entitlement to certain benefits occurs more often than it should.

The reported underpayments represent less than 1% of the total amount of indemnity payments made each year. However, the underpayments reported in the audit represented only those underpayments caught when a claim was reviewed by staff at the Department of Labor and Industry. Not every case is audited, and not every error is caught. Moreover, the amount of underpayments does not include instances where there is a dispute over the amount of the benefit the injured workers is entitled to.

Benefit calculation errors often occur when an adjuster is unfamiliar with Minnesota Workers' Compensation rules and calculation methods, when someone makes a careless calculation error, or when an insurance company simply fails to recognize an employee's entitlement to a particular benefit.

The vast majority of underpayments occurred as the result of errors in calculating the amount of permanent partial disability (PPD) benefits owed to an injured worker. The next most common error was in miscalculating the number of weeks of wage loss benefits due to an injured worker. In our practice, errors in determining the amount of permanent partial disability benefits available to an injured worker occur very frequently, even when there is no dispute over the extent of an employee's injuries. Where there is a dispute over the extent of an employee's injuries, an insurer will almost never voluntarily pay the full extent of permanent partial disability benefits potentially available to the employee.

If there is a dispute regarding the extent of the benefits to which you are entitled, it is a good idea to consult with a workers' compensation attorney. Even if there is no dispute regarding your entitlement to benefits, keep in mind that insurance companies frequently make errors in calculating your entitlement to benefits. We're happy to provide a free evaluation of your case to determine if you are entitled to additional benefits. Call us today at 877-746-5680 or click here to send us an email.

Visit our workers' compensation website at MeuserLaw.com!

Thursday, February 26, 2009

Maximum Medical Improvement (MMI) and Minnesota Workers Comp

The date of Maximum Medical Improvement (MMI) assigned by a doctor in workers’ compensation cases is the date after which “no further significant recovery from or significant lasting improvement to a personal injury can reasonably be anticipated, based upon reasonable medical probability, irrespective and regardless of subjective complaints of pain.”

What this means is that a doctor concludes that despite your continuing symptoms or pain, it is not anticipated that your work-related injury will significantly improve. An MMI determination can have a significant impact on your right to continued workers’ compensation benefits.

In making a determination as to whether you have reached Maximum Medical Improvement, a doctor will generally consider factors, such as your history of improvement, your current treatment, any pre-existing conditions you may have, and the proposed treatment for your condition.

If your doctor or an independent medical examiner concludes that you have reached MMI, the insurance company is required to serve you notice of Maximum Medical Improvement. The insurer may not use MMI as a basis to discontinue benefits until you have been served “notice” of Maximum Medical Improvement.

If you have reached MMI, your entitlement to temporary total disability benefits may be discontinued after 90 days. However, if you have multiple injuries or conditions, benefits may not be discontinued until it has been determined that you have reached Maximum Medical Improvement for all conditions or injuries. Moreover, if you require additional treatment for your condition, a Maximum Medical Improvement determination may not be valid. Even if you’ve validly been determined to be at Maximum Medical Improvement, if your condition renders you medically unable to work at some point in the future, you may be entitled to additional benefits.

If you’ve been scheduled for an Independent Medical Examination, or your doctor has discussed placing you at MMI, you should speak with a workers’ compensation attorney. To schedule a free consultation with one of our work comp. lawyers, call Meuser & Associates at 877-746-5680 or click here to send us an email.

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Wednesday, February 25, 2009

Minnesota Workers' Compensation Benefits and Drug and Alcohol Use

Getting caught using illegal drugs or being intoxicated on the job is never a good thing, but if you are injured on the job, it doesn’t necessarily mean that you aren’t entitled to workers’ compensation benefits.

An employer can require you to undergo an alcohol or drug test after a work-related injury. A positive test result, however, doesn’t necessarily mean that they can deny you workers’ compensation benefits.

The issues of drug and alcohol use come up primarily in two circumstances when you have a work-related injury.

First, if you test positive for drugs or alcohol after the incident in which you were injured, your employer and their insurance company may argue that your intoxication was what caused the injury, and that therefore, you should not be entitled to benefits.

Minnesota law states that “if the injury was intentionally self-inflicted or the intoxication of the employee is the proximate cause of the injury, then the employer is not liable for compensation. The burden of proof of these facts is upon the employer.”

What this means is that the law states that if you are intoxicated by drugs or alcohol, and the intoxication is what caused the accident in which you sustained injuries, your employer is not required to pay workers’ compensation benefits. However, it is the responsibility of the employer to prove that (1) you were intoxicated, and (2) the intoxication was the “proximate,” or direct, cause of your injuries. In reality, it is quite difficult to prove that intoxication was the cause of an injury.

A positive drug or alcohol test after a work injury is often not grounds in and of itself to preclude your entitlement to workers’ compensation benefits.

Second, many if not most employers prohibit illegal drug use or alcohol use on the job. It is the policy of many employers to terminate employees with positive tests. If you test positive for alcohol or drugs after a work injury, but before you return to work, and the employer terminates you for misconduct, you may still be entitled to wage loss benefits. If you return to work and are subsequently terminated for drug or alcohol use, your wage loss benefits may be discontinued in some cases.

If you were injured on the job and subsequently tested positive for drugs or alcohol, don’t lose hope. You may still have a claim for workers’ compensation benefits. We have successfully represented several clients in your situation. We can help. Call Meuser & Associates at 877-746-5680 or click here to email us to schedule a free consultation.

Visit our workers' compensation website at MeuserLaw.com!

Tuesday, February 24, 2009

Nerve Conduction Studies and Workers’ Compensation Injuries

Many types of work injuries, such as disc herniations that impinge on nerves, carpal tunnel syndrome, or ulnar neuropathy can cause nerve damage or insufficiencies.

A nerve conduction study is often done to evaluate paresthesias (numbness, tingling, burning) and or/weakness of the arms and legs. Some common disorders which can be diagnosed by nerve conduction studies are peripheral neuropathy, carpal tunnel syndrome, ulnar neuropathy, Guillain-Barré syndrome, Facioscapulohumeral muscular dystrophy, and spinal disc herniation.

During a nerve conduction study, specific nerves are stimulated and the study records their ability to send the impulse to the muscle. The study can show where there is damage to or a blockage of the nerve pathway. This can help isolate the location of abnormal sensations, such as numbness, tingling, or pain.

In the study, several flat metal disc electrodes are taped or pasted to your skin. A shock-emitting electrode is placed directly over the nerve to be studied. A recording electrode is placed over the muscles supplied by that nerve. Several, brief electrical pulses are sent to the nerve. You will feel a brief, burning pain, a tingling sensation and a twitching of the muscle when the electrical pulse is applied. It feels like the tingling you feel when you rub your feet on the carpet then touch a metal object. Each pulse is very brief (less than a millisecond).

The time it takes the muscle to contract in response to the electrical pulse is recorded. The speed of the response is called the conduction velocity. Nerve conduction studies show whether the nerves transmit electrical impulses to the muscles or up the sensory nerves at normal speeds (conduction velocities). Sensory nerves allow the brain to respond to pain, touch, temperature and vibration. Different nerves have different normal conduction velocities.

The results of a nerve conduction study can help diagnose a work-related injury. If the workers’ compensation insurer is denying payment for a nerve conduction study, if they are denying pre-approval for an appointment, or if you have sustained carpal tunnel syndrome, a disc herniation, ulnar neuropathy, or any other work related nerve injury, give us a call at 877-746-5680 or click here to send us an email to schedule a free consultation.

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Monday, February 23, 2009

Filing a Work Comp Claim and Employer Retaliation

Most jobs are considered “at will,” meaning that you can be fired for a good reason, a bad reason, or no reason at all. However, there are certain reasons an employer may not fire you under Minnesota law. Specifically, an employer may not fire you for filing a workers’ compensation claim.

While your employer cannot fire you for filing a workers’ compensation claim, unfortunately, employers often harass you, attempt to intimidate you, and otherwise make your life miserable after you report a work injury in an effort to get you to quit.

If you quit your job after you sustained a work injury, your employer will probably argue that they shouldn’t have to pay you wage loss benefits since you voluntarily quit.

Some employers also look to fabricate a reason to fire you for “misconduct.” They might start looking over your shoulder all the time, start reprimanding you for little errors or mistakes, or otherwise fabricate a reason to fire you. If you are fired for “misconduct,” your employer may argue that they shouldn’t have to pay you wage loss benefits since you were fired for “misconduct.”

If you quit your job or you are fired for misconduct, it may have a serious impact on your entitlement to workers’ compensation benefits. If your employer is giving you a hard time at work, it is a good idea to consult an attorney. We can often help stop the harassment before it escalates any further. If you are thinking about quitting, you should speak with an attorney before you do anything. If you were already fired for “misconduct” or you quit your job because your employer or co-workers were making your life miserable, call us at 877-746-5680 or click here to email us to schedule a free consultation. Even if you were fired for "misconduct," laid off for "economic reasons," or you quit due to employer harassment, we may still be able to successfully argue that you are entitled to wage loss benefits.

Visit our workers' compensation website at MeuserLaw.com!

Sunday, February 22, 2009

How Does Your Insurance Company Rate?

In our workers’ compensation and personal injury practice, we constantly deal with insurance companies. Some insurers are better than others when it comes to dealing fairly with claimants.

Recently, one insurance company in particular began employing some rather underhanded tactics against several of our clients. I went online to do some research to see if there were any similar complaints against this particular insurance company.

What I found was a report by the American Association for Justice, formerly the Association of Trial Lawyers of America, identifying the top ten worst insurance companies for consumers. Lo and behold, the insurance company I was looking for made the list.

The American Association for Justice reviewed thousands of court documents, SEC and FBI records, state insurance department investigations and complaints, news accounts from across the country, and the testimony and depositions of former insurance agents and adjusters. When it comes down to it, some insurance companies put profits over policyholders, and the top ten on the American Association for Justice list are the worst offenders. The fact of the matter is, the less an insurance company pays on claims, the more profits it makes, and some insurers go to outrageous lengths to deny or underpay legitimate claims.

According to the American Association for Justice, the top ten worst insurance companies are as follows:

1. Allstate

2. Unum

3. AIG

4. State Farm

5. Conseco

6. WellPoint

7. Farmers

8. UnitedHealth

9. Torchmark

10. Liberty Mutual

To read more about why these insurance companies have earned the dishonorable distinction of being named the top ten worst insurance companies in America, read the full report by the American Association for Justice.

The moral of the story is, if you’ve been in an accident, don’t assume that the insurance company is treating you fairly or acting in your best interest. Remember, the less they pay in claims, the more money they make. If the insurance company is denying your claim, or if you’ve received a settlement offer, it is important that you contact an experienced personal injury lawyer. We’re happy to provide a free evaluation of your case. Call Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free consultation.

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Saturday, February 21, 2009

Notice of File Closing - MN Work Comp

We get lots of calls from clients that have received a Notice of File Closing wondering what it means. Legally, a Notice of File Closing means nothing. A workers’ compensation insurance company may send a Notice of File Closing to the Minnesota Department of Labor and Industry, simply to inform the Department that all work has been completed on the file. It has absolutely no impact on your benefits.

The purpose of the Notice is to avoid requests from the Department of Labor and Industry to the insurer after the file has been closed and shipped to off-site storage. A copy of this notice does not have to be sent to the employee, but employees frequently receive a copy.

By sending a copy of the Notice of File Closing to the injured worker, workers’ compensation insurers often unintentionally or intentionally mislead an employee into thinking that their workers’ compensation benefits have been exhausted or terminated. This is not the case. An insurance company’s closure of a workers’ compensation file has no impact on an injured employee’s right to medical or monetary benefits.

Even if years have passed since your workers’ compensation case was “closed” by the insurance company, your entitlement to benefits is not affected. If you were injured on the job 5, 10, 15, or even 20 years ago, and want to know what workers’ compensation benefits you are still entitled to, give us a call at 877-746-5680 or click here to send us an email to schedule a free consultation.

Visit our workers' compensation website at MeuserLaw.com!

Friday, February 20, 2009

Rehabilitation Benefits and the Assistance of a Qualified Rehabilitation Consultant (QRC)

One of the most frequently overlooked benefits available to injured workers is the assistance of a Qualified Rehabilitation Consultant (QRC).

If you are having problems performing your job duties because of your work injury, or if your employer has terminated you or laid you off because they do not have work within your restrictions, you may be entitled to the assistance of a Qualified Rehabilitation Consultant (QRC). A QRC is a licensed professional who provides vocational rehabilitation services to injured workers.

If you have a work injury and need help getting back to work, the assistance of a QRC may be useful to you. If you are injured on the job, you have the right to request a consultation with a QRC at any time. At the consultation, the QRC will determine if you are a “qualified employee,” which means an
employee who, because of the effects of a work-related injury or disease, whether or not combined with the effects of a prior injury or disability:
  • A. is permanently precluded or is likely to be permanently precluded from engaging in the employee's usual and customary occupation or from engaging in the job the employee held at the time of injury;
  • B. cannot reasonably be expected to return to suitable gainful employment with the date-of injury employer; and
  • C. can reasonably be expected to return to suitable gainful employment through the provision of rehabilitation services, considering the treating physician's opinion of the employee's work ability.
If you are found to be a qualified employee, the QRC works with you, your employer, your medical providers, and the workers’ compensation insurance company to help you get back to suitable gainful employment. QRC’s also provide medical management services, transferable skills analysis, vocational testing, ergonomic job modification, job seeking skills training, resume preparation, and job development and placement.

Your employer or the workers’ compensation insurance company may assign a QRC to your case. You have the right, however, to choose your own QRC. If you have already been assigned a QRC, you can request a change of QRC’s within 60 days of filing of the Rehabilitation Plan (R-2) with the Department of Labor and Industry. After 60 days, you can change QRC’s if all parties agree.

It is important that you exercise your right to choose your own QRC. Frankly, some QRC’s are better than others. A QRC assigned by your employer and the insurer may not have your best interests in mind. A good QRC looks out for your best interests.

If you have a work injury that is interfering with your ability to work and you would like the assistance of a QRC, or if you are unhappy with the QRC assigned by your employer or insurer, give us a call at 877-746-5680 or click here to send us an email to schedule a free consultation. We can help you get a consultation with a Qualified Rehabilitation Consultant who will look out for your best interests.

Visit our workers' compensation website at MeuserLaw.com!

Thursday, February 19, 2009

Minnesota Work Comp. and Notice of Intent to Discontinue (NOID) Benefits

If you have received a Notice of Intent to Discontinue Benefits (NOID), you should probably contact an attorney if you do not already have one. Workers’ compensation insurance companies are required to file a Notice of Intent to Discontinue Benefits and to send you a copy as well, if they intend to discontinue your wage loss benefits.

Work comp. insurers can attempt to discontinue your benefits for a variety of reasons, including a return to work at full wages, a return to work at reduced wages, or for other reasons. The insurance company’s reason, however, may not be valid. In some cases, the insurance company’s attempt to discontinue your benefits is improper, and in many cases, a strong argument can be made that your wage loss benefits should not be discontinued.

If you disagree with the reason that the insurance company is attempting to discontinue your benefits, you have a very limited time to object to the discontinuance. If the discontinuance is based on your return to work, you have up to 30 days from the date you returned to work to object. Note that if the insurer delayed in filing the NOID, you may only have about two weeks to object. If it is based on another reason, you have up to 12 days to object. You can call the Minnesota Department of Labor and Industry at 1-800-342-5354 to object by telephone.

If you object to the discontinuance within these time frames, a conference will be scheduled shortly afterward. If you do not object within these time frames, you can file an Objection to Discontinuance, and a conference will be scheduled within about 60 days. If you fail to follow either of these procedures, which typically resolves the issue within a relatively short period of time, you can still file a Claim Petition alleging entitlement to the discontinued benefits. This process takes significantly more time than objecting to the discontinuance.

While it is possible to object to a Notice of Intent to Discontinue (NOID) benefits, and attend the conference and present your case on your own, the legal issues that arise can be very complex. It is probably wise to contact an experienced workers’ compensation attorney to help you through the process.

If you’ve received a Notice of Intent to Discontinue (NOID) benefits, it is important that you take action right away to avoid unnecessary delays in receiving ongoing wage loss benefits. Failure to take any action in response to a Notice of Intent to Discontinue (NOID) benefits can substantially delay receipt of the benefits you are entitled to.

Call Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free consultation. We’re happy to provide a free evaluation of your case to determine if there is a basis to object to the discontinuance.

Visit our personal injury and workers' compensation website at MeuserLaw.com!

Wednesday, February 18, 2009

Work-Related Rotator Cuff Tears

Rotator cuff tears are very common workplace injuries. They can be the result of a single, traumatic incident, or they can be caused by repetitive use. People who are especially at risk for repetitive use rotator cuff tears are those who engage in repetitive overhead motions.

The rotator cuff is made up of four muscles and a number of tendons that form a cover over the top of the upper arm bone. The rotator cuff holds the upper arm bone in place in the shoulder joint and allows the arm to rotate. The four muscles of the rotator cuff, the supraspinatus, infraspinatus, subacpularis, and teres minor muscles, are attached to the scapula on the back, and to the greater tuberosity of the humerus on the side and front of the shoulder.

Most rotator cuff tears occur in the supraspinatus muscle, but tears can occur in other parts of the cuff as well. Rotator cuff tears are generally classified into three types:
  • Partial thickness tears are tears that do not go all the way through the tendon. They often appear as fraying of an intact tendon.
  • Full thickness tears are tears that go all the way through the tendon. They can range in size from the size of a pin-point, to tears that involve the majority of the tendon. When there is a full thickness tear, the tendon is still substantially attached to the humeral head.
  • Full thickness tears can also involve a complete detachment of the tendon from the humeral head which can cause serious impairment in shoulder motion and function.
Some symptoms of a rotator cuff tear include:
  • Atrophy or thinning of the muscles about the shoulder
  • Pain when lifting the arm
  • Pain when lowering the arm from a fully raised position
  • Weakness when lifting or rotating the arm
  • Crepitus or crackling sensation when moving the shoulder in certain positions
Diagnosis of a rotator cuff tear is usually based on symptoms, examination, X-rays, MRI’s, or ultrasounds.

Often, conservative, or nonsurgical treatment can provide pain relief and improve the function of the shoulder. Conservative treatment options can include rest and limited overhead activity, use of a sling, anti-inflammatory medication, steroid injection, and physical therapy.

If conservative treatment does not relieve symptoms, if the tear causes severe pain, and if the strength and motion of the shoulder is significantly impaired, surgery may be considered as a treatment option.

The type of surgery performed depends on the type, size, shape, and location of the tear. A partial tear may require only a trimming procedure called a “debridement.” A complete tear is usually repaired by suturing the two sides of the tendon back together. If the tendon is torn away from the bone, it is usually repaired by reattaching it to the bone.

In general, there are three types of surgical procedures to repair a torn rotator cuff. An arthroscopic repair involves insertion of a fiber-optic scope and small, fine instruments through a small incision. A mini-open repair involves a open surgery through a relatively small incision. Open surgical repair is often required if the tear is large or complex, or if additional reconstruction of the rotator cuff and shoulder joint must be performed. In some cases, where there is severe arthritis, total shoulder joint replacement may be an option.

Rehabilitation after surgery usually involves immobilization of the arm and physical therapy.

While rotator cuff tears can occur as the result of a specific trauma, more often, they occur over a long period of time. Under Minnesota workers’ compensation law, injuries that occur over a long period of time are known as Gillette-type injuries. Employees frequently have difficulty dealing with the workers’ compensation insurance company when the injury occurred as the result of repetitive use rather than as the result of a specific injury.

If you’ve sustained a rotator cuff tear as the result of your work activities, whether it was caused by a specific injury, or whether it was caused by years of overuse, and you’re having difficulties dealing with your employer or the workers’ compensation insurance company, call Meuser & Associates at 877-746-5680 or click here to email us to schedule a free consultation.

Visit our website at MeuserLaw.com!

Tuesday, February 17, 2009

Minnesota State Highway Patrol and Continued Healthcare Coverage Under Minn.Stat. Sec. 299A.465

In July 2008, Minnesota Statute Sec. 299A.465, which provides continued healthcare insurance coverage for Minnesota firefighters or police officers who are disabled in the line of duty, was revised to streamline the process for procuring this benefit.

Under the old law, a disabled police officer or firefighter had to apply to a Panel for a determination of whether the firefighter’s or officer’s professional duties and responsibilities put the officer or firefighter at risk for the type of injury or illness actually sustained. Unfortunately, the Panel frequently erroneously denied benefits to applicants.

Under the new law, the Panel has been eliminated. Now, an individual who has been approved for PERA (Public Employees Retirement Association) duty disability benefits is supposed to be automatically approved for Continued Health Insurance Coverage. Members of local relief associations, such as the Minneapolis Firefighters Relief Association (MFRA) who are approved for a duty disability pension are directed to apply for a determination by the Executive Director of PERA for a determination as to their eligibility for continued health insurance coverage under Minnesota Statute §299A.465.

Almost as soon as the changes to the law went into effect, however, there were problems. We currently represent a gentleman who was a Minnesota State Highway Patrol Officer. As the result of an in-the-line-of-duty injury, he is unable to return to his job as a State Trooper. He was approved for a duty disability pension by the Minnesota State Retirement System (MSRS), but when he inquired about continued health insurance coverage under Minn. Stat. §299A.465, he was told that he was not eligible for this benefit. Unfortunately, the new version of the law does not specifically address members of MSRS, which includes Minnesota State Troopers, and it is apparently the position of the State of Minnesota that State Troopers are no longer entitled to this benefit.

We have commenced litigation on behalf of our client to obtain continued healthcare insurance coverage under Minn. Stat. Section 299A.465. Prior to the change in the law, Minnesota State Troopers were eligible for this benefit. Moreover, we feel that the legislature clearly did not intend to exclude the State Patrol from entitlement to a benefit that is available to all other police officers in the State of Minnesota.

If you are a Minnesota State Trooper who has been approved for MSRS duty disability benefits, but you have not received continued health care insurance under Minnesota Statute §299A.465, call us at 877-746-5680 or click here to email us here for a free consultation. Note that we provide services in conjunction with continued health care coverage on an hourly basis rather than on a contingency basis.

UPDATE: The Minnesota legislature has amended Minnesota Statute §299A.465 to specifically include Minnesota State Troopers. We recently obtained a settlement on behalf of a disabled Minnesota State Trooper who was improperly denied healthcare continuation coverage under the old version of the statute. The State agreed to reinstate his health insurance coverage and to reimburse him for the extra out-of-pocket expenses he incurred as a result of the State's refusal to continue his insurance.

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Monday, February 16, 2009

First Report of Injury - MN Work Comp

After you report your work-related injury to your employer, your employer is required to complete a First Report of Injury form. Your employer has 10 days to send this form to the workers’ compensation insurance company. If you miss three or more days, your employer and/or their insurer must file a copy of the First Report of Injury with the Department of Labor and Industry. Your employer or the insurer is required to provide you a copy of the First Report of Injury, as well as a copy of the Minnesota Workers’ Compensation System Employee Information Sheet.

Unfortunately, employers do not always follow the rules. It is not the responsibility of the employee to complete or file the First Report of Injury. However, if you need a blank copy of the form, it can be found here.

If you employer or their insurer did not provide you with a copy of the Minnesota Workers’ Compensation System Employee Information Sheet, or if you simply need some basic information about Minnesota Workers’ Comp., you can find a copy of the Information Sheet here.

If your employer refuses to report your injury, we can help. We can file the necessary paperwork to initiate a workers’ compensation claim on your behalf. Call us at 877-746-5680 or click here to send us an email to schedule a free consultation.

Visit our workers' compensation website at MeuserLaw.com!

Sunday, February 15, 2009

MN Workers' Compensation and Neck and Back Disc Injuries

The most common type of injury we see in our workers’ compensation practice is disc injuries in the low back and neck, including disc herniations, bulges, protrusions, and tears.

The vertebrae of the spine are held together by muscles, tendons and ligaments. In between each vertebrae are discs, which act as a cushion between the bones. When these discs are injured, they cannot effectively act as “shock absorbers” between the vertebrae. Extrusions, bulges and herniations of the discs can impinge or press on nerve roots, which can cause pain which radiates into the arms or the legs. In addition to pain, severe impingement on nerves can cause numbness, incontinence, or even paralysis.

A herniated disc occurs when the disc ruptures and a portion of the inside of the disc protrudes. If the protrusion impinges on the spinal cord or on a nerve root, it can cause radiating pain and/or numbness into the arms or legs. A bulging disc occurs when a portion of the disc protrudes into the spinal canal. If the protrusion presses on the spinal cord or nerve root, it can cause radiating pain in the arms or legs.

Disc injuries in the neck or back, such as herniations or bulges, can be caused by many things at work, including reaching for objects, poor posture, poor body mechanics in lifting, pushing, pulling or carrying, repetitive lifting, twisting or bending while lifting, heavy lifting, fatigue, poor footing, falls, or vibrations.

If a disc injury is suspected, you may undergo a CT-Scan or an MRI. Often disc injuries are initially treated conservatively, with chiropractic treatment, physical therapy, and cortisone injections. Sometimes, disc injuries will become asymptomatic with time, rest, and conservative treatment. If the disc is impinging on a nerve root, or if the vertebrae surrounding are chronically unstable, surgery may be necessary.

There are number of different surgeries that may be performed to correct disc and vertebral injuries including fusion, discectomy, laminectomy, laminotomy, decompression, intradiscal electrothermoplasty, or radiofrequency discal nucleoplasty.

Back or neck disc injuries can be very serious. They can cause severe and chronic pain, can cause you to miss substantial time from work, and can prevent you from going back to your trade or profession. Dealing with the Minnesota Workers’ Compensation system and the work comp insurance company when you have a neck or back injury can be frustrating, at best. Give us a call at 877-746-5680 or click here to send us an email to schedule a free consultation. We can help take some of the frustration and uncertainty out of dealing with a work-related neck or back injury.

Visit our workers' compensation website at MeuserLaw.com!

Saturday, February 14, 2009

Chiropractic Treatment and Minnesota Workers' Compensation Passive Treatment Parameters

For some injured workers, chiropractic care and treatment can be very helpful in relieving low back or neck pain and stiffness resulting from a work injury, including disc injuries, sprains and strains, and degenerative conditions.

The Minnesota Workers’ Compensation Rules set forth treatment parameters for passive care, including chiropractic treatment. These parameters are essentially guidelines for determining how much chiropractic treatment is reasonable and necessary to cure or relieve the effects of the work injury. Generally, the parameters permit 12 weeks of passive care or treatment to cure or relieve the effects of a work-related injury.

Twelve additional treatments over the course of a year may be permitted if (1) the employee is released to work or is permanently totally disabled and the additional passive treatment results in progressive improvement in, or maintenance of, the functional status achieved during the initial twelve weeks of passive care, (2) the passive treatment cannot be given on a regularly scheduled basis, (3) the doctor must document a plan to encourage the employee’s independence from and decreased reliance on ongoing treatment, (4) the employee must undergo active treatment modalities during this period in addition to the passive care, (5) the additional twelve weeks of passive care must not delay surgical intervention or an evaluation for chronic pain, and (6) the passive care is not to treat chronic pain syndrome.

A departure from the passive treatment parameters for work related neck or back injuries may also be appropriate if (1) there is a documented medical complication of the condition, (2) if the prior treatment did not meet the accepted standards of practice, (3) where the treatment is necessary to assist the employee in the initial return to work where the employee’s work activities place stress on the body part affected by the work injury, or (4) where there is an incapacitating exacerbation of the employee’s condition.

The Rules also permit a departure where the treatment meets two of the following three criteria, which must be documented in the medical records: (1) the employee’s subjective complaints of pain are progressively improving as evidenced by documentation in the medical record of decreased distribution, frequency or intensity of symptoms, (2) the employee’s objective clinical findings are progressively improving, as evidenced by documentation in the medical records of resolution or objectively measured improvement in physical signs of injury, or (3) the employee’s functional status, especially vocational activity, is objectively improving as evidenced by documentation in the medical record, or successive reports of workability, of less restrictive limitations on activity.

Finally, even if the prescribed treatment does not fall into one of these exceptions to the parameters, the Minnesota Workers’ Compensation Court of Appeals, as confirmed by the Minnesota Supreme Court, held that a departure is warranted “in those rare cases in which departure is necessary to attain proper treatment.”

After you undergo an initial twelve weeks of chiropractic treatment, the workers’ compensation insurer may indicate that they will not approve additional treatments. What they don’t tell you, however, is that there are literally dozens of exceptions to the treatment parameters. Your situation may fall within one of these exceptions. We have successfully argued on behalf of many, many of our clients that departure from the treatment parameters was appropriate, and that additional chiropractic care and treatment was compensable.

If you were injured on the job, and chiropractic treatment helps relieve your pain, but the workers’ compensation insurance company is denying payment for your chiropractic treatment, give us a call at 877-746-5680 or click here to email us to schedule a free consultation.

Visit our workers' compensation website at MeuserLaw.com!

Friday, February 13, 2009

Unemployment and MN Workers' Compensation

If you are injured at work, you are fired or laid off, your doctor has released you to work with restrictions, and the insurance company denies your workers’ compensation claim, you may be able to apply for unemployment compensation.

You need to be aware, however, that you may not receive both workers’ compensation wage loss benefits and unemployment compensation for the same time periods. The idea is that you shouldn’t be able to “double-dip,” so to speak.

If you have received unemployment compensation benefits and you are subsequently awarded workers’ compensation wage loss benefits for the same periods, you are responsible for reimbursing the Department of Employment and Economic Development for the unemployment benefits you received.

This situation arises very frequently where the insurance company has denied benefits, or has terminated payment of wage loss benefits. If you have received unemployment compensation while you were unemployed following a work injury, we will put the Department of Employment and Economic Development on notice of their right to intervene when we initiate a claim on your behalf. If we are able to reach a settlement on your case, we will typically negotiate on your behalf with the Department of Employment and Economic Development to satisfy their subrogation interest.

Figuring out which benefits you are entitled to if you have a work-related injury, and how those benefits are coordinated can be very confusing. We can help. Call us at 877-746-5680 or click here to email us to schedule a free consultation with one of our workers' compensation lawyers.

Visit our workers' compensation website at MeuserLaw.com!

Thursday, February 12, 2009

Permanent Total Disability (PTD) Benefits In Minnesota- Before 1995, and After 1995

Over the last 25 years, the Minnesota Legislature enacted several laws that substantially changed an injured worker’s entitlement to workers’ compensation benefits. When determining which benefits an injured employee is entitled to, we look at the date of injury.

Even if your injury occurred 10, 15, 20, or even 25 years ago, you may be entitled to ongoing workers’ compensation benefits.

One of the types of benefits that has substantially changed over the years is permanent total disability benefits. Permanent total disability benefits are wage loss benefits available when an employee is permanently completely unable to work as the result of a work injury.

For injuries that occurred prior to October 1, 1995, the duration of Permanent Total Disability (PTD) benefits is unlimited, meaning that you are entitled to these benefits for the remainder of your life. For injuries on or after October 1, 1995, generally, Permanent Total Disability benefits are typically only available until age 67, or the state retirement age.

In addition, for injuries prior to October 1, 1995, after the employee has received $25,000.00 in PTD benefits, the employer and/or insurer is permitted to take an offset for other disability or retirement benefits the employee is receiving, such as Social Security Disability Income, or PERA disability benefits. After 208 weeks of PTD benefits are paid, and if those benefits are being reduced by an offset, the employee may also be entitled to supplemental benefits. Supplemental benefits are calculated as the difference between 65% of the statewide average weekly wage and the amount of benefits actually received.

Supplementary benefits were eliminated by the Legislature effective October 1, 1995. For injuries after this date, supplementary benefits are no longer available. However, the minimum amount of Permanent Total Disability benefits is 65% of the statewide average weekly wage. This minimum amount, however, is calculated before any offset for Social Security Disability benefits or other disability or retirement benefits.

Determining which laws are applicable to your situation, and making sure you are getting all the benefits you are entitled to can be daunting. We can help. Meuser & Associates has been practicing workers’ compensation law for almost 25 years. We are familiar with both the new laws and the old laws, and we can help make sure you get the maximum amount you are entitled to. Call us at 877-746-5680, or click here to email us to schedule a free consultation and make sure you are getting all the benefits you are entitled to.

Visit our website at MeuserLaw.com!

Wednesday, February 11, 2009

Work Injuries and Changing Doctors

If you are hurt at work, the employer may send you to “their” doctor. Frequently, this is a medical provider that specializes in occupational injuries. In our experience, these medical providers tend to be extremely conservative in issuing restrictions for an injured employee and their recommendations for additional medical care. You do have the right, within the first 60 days of medical treatment, to change doctors.

After the first 60 days, the process of changing doctors gets more complicated. Typically, the change in doctors must be approved by the Minnesota Department of Labor and Industry if the workers’ compensation insurer won’t approve the change.

Generally, you have great latitude in changing doctors. Some of the acceptable reasons to change treating physicians include (1) a loss of confidence in a doctor’s ability to effectively treat the injured worker, (2) lack of improvement in the employee’s condition, or (3) a breakdown in communication with the physician.

In addition to changing primary doctors, you may wish to consult with a specialist, such as a neurologist, an orthopedic specialist, or a surgeon. Generally, you are permitted to see such a specialist so long as you have a referral, and the consultation is deemed to be reasonable and necessary.

If you need assistance in changing treating physicians, or the insurance company has denied your consultation with a specialist, call Meuser & Associates at 877-746-5680 or click here to send us an e-mail to schedule a free consultation.

Visit our workers' compensation website at MeuserLaw.com!

Tuesday, February 10, 2009

Post-Traumatic Stress Disorder (PTSD) and Minnesota Workers' Compensation

Post-Traumatic Stress Disorder (PTSD) is a mental disorder triggered by a disturbing outside event. In considering a diagnosis of PTSD, your health care provider may address whether you have been in a situation in which you were afraid for your safety or your life, or you have experienced something that made you feel fear, helplessness, or horror. The worse the trauma, the more likely a person will develop PTSD, and the worse the symptoms will be. The most severely affected individuals are often unable to work, have trouble with relationships, and have great difficulty parenting their children.

Some of the most prominent symptoms of PTSD include:
  • Flashbacks. People suffering from PTSD often constantly experience the images, sounds, and feelings they experienced at the time of the traumatic experience.
  • Emotional detachment. Individuals suffering from PTSD are often overwhelmed by emotions. They sometimes have a difficult time being with family members. They also tend to avoid activities, places, and people associated with the traumatic experience. They are often emotionally exhausted which can lead to difficulty in even basic functioning.
  • Jumpiness. Another symptom of PTSD is known as hyperactive startle reflex, which essentially means overreaction to stimuli. Individuals suffering from PTSD may also be hypervigilant and constantly worried. This hyperarousal can also cause difficulty with concentration and sleep.
Post-Traumatic Stress Disorder (PTSD) can also cause physical symptoms, including headache, ulcer, heart attack, gastroesophageal reflux disease (GERD), constipation, nausea and vomiting, excessive sweating, diarrhea, cramping, stomach pain, high blood pressure, weight gain or loss, sleeping difficulties, fatigue, and erectile dysfunction.

People who work as firefighters, police officers, paramedics, and first responders have a high-incidence of Post-Traumatic Stress Disorder (PTSD) as the result of experiencing disturbing and traumatic situations. People who experience a traumatic injury at work may also develop Post-Traumatic Stress Disorder (PTSD). In many instances, Post-Traumatic Stress Disorder (PTSD) is a compensable injury under Minnesota Workers’ Compensation law.

Minnesota Workers’ Comp law places mental injuries into three categories.

1. Physical/Mental. This type of mental injury occurs as the result of a physical injury. Examples include depression that develops after a physical injury or PTSD after a traumatic physical injury. This type of mental injury is compensable under Minnesota workers’ compensation.

2. Mental/Mental. This type of mental injury develops as the result of mental stimulus. Examples include stress or anxiety from verbal harassment at work, or depression after being demoted at work. This type of mental injury is NOT compensable under Minnesota work comp law.

3. Mental/Physical. This type of injury involves a mental condition that causes a physical injury or symptoms. Examples include heart attacks that occur as the result of excessive stress at work or PTSD as the result of responding to a traumatic car accident which causes physical symptoms. This type of injury may be compensable under workers’ compensation in Minnesota.

Our firm has successfully represented several clients for PTSD workers’ compensation claims. If you are suffering from PTSD, and you believe it is related to your employment, call us at 877-746-5680 or email us here to schedule a free consultation to find out if you may be entitled to workers’ compensation benefits.

Visit our website at MeuserLaw.com!

Monday, February 9, 2009

Car Accidents in the Course and Scope of Employment and Third-Party Claims

If you are involved in a car accident while in the course and scope of your employment, you may have a civil claim against the at-fault driver in addition to a workers’ compensation claim.

Workers’ compensation benefits include medical benefits, wage loss benefits, certain permanency benefits, and rehabilitation benefits. Workers’ compensation, however, does not allow claims for pain and suffering, loss of enjoyment of life, and other “intangible” losses.


A civil claim against the person who caused the car accident can include the entire amount of your wage loss, all medical expenses you have incurred, any other expenses you may have incurred, plus “intangible” losses, like loss of enjoyment of life, and pain and suffering. If you recover damages against a third-party in a civil liability action, your employer and/or the workers’ compensation insurer may have a subrogation interest to recover some of work comp benefits you’ve been paid.


Make sure you get all the benefits you are entitled to. Call Meuser & Associates at 877-746-5680 or email us here to schedule a free consultation.


Visit our workers' compensation website at MeuserLaw.com!

Sunday, February 8, 2009

Appealing a Minnesota PERA Disability Pension Decision

We recently represented a woman who worked as a firefighter a workers’ compensation claim. She had injured her back on two occasions in the course and scope of her duties as a firefighter, and ultimately underwent two back surgeries. Her doctors concluded that she could no longer be a firefighter. Our client applied for Duty Disability benefits through PERA. She received a letter from PERA indicating that her application for Duty Disability was denied, but that she was approved for Regular Disability benefits. We appealed the decision on her behalf, and argued that not only were her injuries sustained in the course and scope of her employment as a firefighter, but that the duties she was performing at the time of the injuries were inherently dangerous and unique to the duties of a firefighter. Prior to the appeal hearing, PERA reversed its decision and awarded her Duty Disability benefits. In this case, we were able to obtain higher benefits for our client without the necessity of even proceeding to the appeals hearing.

In addition to workers’ compensation benefits, firefighters and police officers who are injured in the line of duty may be entitled to Duty Disability Benefits through the Public Employees Retirement Association (PERA).

In order to qualify for this benefit, you typically must be a Minnesota firefighter or police officer, covered under PERA’s Police and Fire Plan. You must have sustained an injury in the course and scope of your employment as a firefighter or police officer, and that injury must prevent you from returning to your employment as a firefighter or police officer for at least one year.

The Minnesota Statute setting forth the requirements to qualify for Duty Disability PERA benefits was recently amended to provide that:

"Duty disability," physical or psychological, means a condition that is expected to prevent a member, for a period of not less than 12 months, from performing the normal duties of the position held by a person who is a member of the public employees police and fire plan, and that is the direct result of an injury incurred during, or a disease arising out of, the performance of normal duties or the actual performance of less frequent duties, either of which are specific to protecting the property and personal safety of others and that present inherent dangers that are specific to the positions covered by the public employees police and fire plan.

What this means is that now a disabled police officer or firefighter must show that the injury must have arisen out of the performance of duties that are specific to protecting property and personal safety, and those duties present dangers that are specific to firefighters and police officers.

This change in the law is significant. Prior to the change, so long as the disabling injury was sustained in the course and scope of a firefighter or police officer’s employment, regardless of whether it was sustained in the performance of some “hazardous” activity, the police officer or firefighter qualified for a Duty Disability. Essentially, the change makes it much more difficult for a police officer or firefighter to obtain Duty Disability benefits.

So why does it matter whether you get Duty Disability benefits or Regular Disability benefits? Simply because Duty Disability benefits are greater than Regular Disability benefits. A Duty Disability pension is 60 percent of your average salary over your five highest-paid consecutive years of service. This is the equivalent to a retirement benefit based on 20 years of service. If you have in excess of 20 years of public service, you will receive an additional 3 percent of salary for every year beyond 20 years of service. Regular Disability pension is 45 percent of your salary, or the equivalent of 15 years of service.

So how does that look in numbers? Let’s assume you sustained a disabling injury in the course and scope of your employment as a Minnesota police officer or firefighter, and that you have 25 years of service. Let’s also assume that your average salary is $50,000.00.

Your Duty Disability benefits would be calculated as follows:

$50,0000.00 (x) 60% = $30,000.00 (Base duty disability pension)

Since you have over 20 years of service, the excess years are multiplied by 3%.

5 years (x) 3% = 15%

That additional percentage is multiplied by your average salary and added to your pension.

$50,000.00 (x) 15% = $7,500.00

$30,000.00 + $7,500.00 = $37,500.00 per year Duty Disability Pension

Under the same scenario, Regular Disability Pension would be calculated as follows:

$50,000.00 (x) 45% = $22,500.00 per year Regular Disability Pension

If you qualify for Total Permanent Disability Pension, which means that you are unable to procure any substantial gainful employment, and you have 20 years of service or more, the benefit amounts are the same. If you have less than 20 years of service, Duty Disability benefits are greater.

Once you have applied for PERA benefits, and they have issued a determination, you have a very limited time to appeal that decision if you disagree with the determination. As you can see from the benefit comparison, which disability benefit you receive can amount to a difference of thousands of dollars over the course of a year or more.

If you’ve applied for PERA benefits and disagree with the determination, call us today at 877-746-5680 or click here to schedule a free consultation. Note that our services for PERA appeals are provided on an hourly basis rather than on a contingency basis.

Visit our website at MeuserLaw.com!

Saturday, February 7, 2009

Work Comp. Independent Medical Examination (IME)

If you've sustained an injury at work, and your employer or the insurance company has scheduled you for an Independent Medical Examination (IME), there are a few things you should know.

First, you are generally required to attend this examination. To find out if you have to go, contact your attorney. If you don't have an attorney, give us a call at 877-746-5680 for a free consultation.

If your employer and their insurance company are requesting that you attend an Independent Medical Examination (IME), generally, it means that they are looking for a basis to discontinue some or all of your workers' compensation benefits.

You should also be aware that the doctor who conducts the "Independent" Medical Examination (IME) is paid by the insurance company. While in theory, doctors conducting IME's are supposed to be objective, in reality, the opinion issued by the IME doctor is generally not favorable to the injured worker.

Unlike when you visit your regular doctor, no doctor-patient relationship is created when you are examined by the IME doctor. Therefore, nothing you tell the doctor is privileged or confidential. You should also be aware that the doctor will not provide any treatment for your injury, nor will they recommend treatment or refer you for additional medical care or treatment.
The only purpose of an Independent Medical Examination (IME) is to get an expert opinion regarding the cause, nature, and extent of your injuries.

You should be aware that a scheduled IME can generally only be canceled for emergencies. You should also plan on being there about 20 minutes before the exam is scheduled to begin. If you are late, or if you miss the exam, the insurance company may try to charge you for the missed appointment.

Typically, the doctor will ask you regarding your past medical history, and will generally conduct a physical examination. Just be honest about your medical history, and be honest about your current injuries and symptoms. It is a good idea to make note of the type of examination the doctor conducts. Did he have you touch your toes? Did he touch your back? Did he rotate your shoulder? Did he lift your legs up? How long did he spend examining you?

After your examination, the doctor will issue an opinion. You and your attorney should be provided with a copy of this opinion.

What the doctor says in his or her opinion can have a serious impact on your right to benefits. For example, the doctor may conclude that your injury is not related to your work, which gives the insurance company a basis to deny both wage loss benefits and medical benefits. The doctor may also determine that you have reached Maximum Medical Improvement (MMI), which means that the doctor believes that no further significant recovery from or lasting improvement to your injury can be reasonably anticipated, regardless of your subjective complaints. Your entitlement to Total Temporary Disability (TTD) benefits ceases 90 days after you are served with notice of Maximum Medical Improvement (MMI). Finally, the doctor may conclude that medical treatment you have received in the past was not reasonable or necessary, which gives the insurance company a basis to refuse to pay for your medical bills.

While you shouldn't get upset if the IME report is not favorable to you, it is important that you contact an attorney if you do not already have one. Your attorney can challenge the doctor's opinion by a variety of means, including obtaining a report from one of your treating physicians. While an IME opinion can provide an insurance company with a basis to deny your workers' compensation benefits, there are many ways to challenge their denial.

If you've been scheduled for an IME, often the insurance company is looking for a basis to deny your work comp benefits. If you do not already have an attorney, you should contact one as soon as possible. Call Meuser & Associates at 877-746-5680 to schedule a free consultation. Click here to send us an e-mail. We can help you get the benefits you are entitled to, and we can help you keep the benefits you are currently receiving.

Visit our workers' compensation website at MeuserLaw.com!

Friday, February 6, 2009

Independent Contractor Status in the Construction Industry and Minnesota Workers' Compensation

As a general rule, "independent contractors" are not covered by workers' compensation. In many industries, particularly the construction industry, workers are improperly classified as "independent contractors" rather than as "employees."

By improperly classifying workers, some businesses effectively avoid paying for workers' compensation coverage, for income taxes, and for unemployment insurance. Improper classification also often leaves workers without benefits they are rightfully entitled to.

Unfortunately, many individuals who work in residential or commercial construction are told that they are independent contractors despite the fact that they should actually be classified as employees. If a worker who is improperly classified as an independent contractor is injured on the job, that person may not receive workers' compensation benefits they are entitled to.

Contrary to popular belief, just because your employer says you are an "independent contractor" does not mean you actually are one. In fact, effective January 2009, to be considered an independent contractor under Minnesota law within the residential or commercial construction industry, an individual must obtain an Independent Contractor Exemption Certificate, and that individual must meet a nine-factor test as well. Click here to read the new law.

Even prior to the enactment of this new statute, Minnesota law established very strict criteria in order to qualify as an independent contractor rather than an employee for purposes of workers' compensation.

If you are a construction worker who was injured on the job and you're not sure if you are an independent contractor, call Meuser & Associates at 877-746-5680 to schedule a free consultation or click here to send us an e-mail. We can help you get the work comp. benefits you deserve.

Visit our workers' compensation website at MeuserLaw.com!

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