Child Hit by Car Waiting for School Bus, Mora, MN, March 30, 2011

I was disturbed to read that a six-year old boy was hit by a car while waiting for a bus yesterday morning on Ninth Street in Mora, Minnesota. The child was airlifted to North Memorial Hospital in Robbinsdale and remains in serious condition.

According to witnesses, the bus has stopped and had its lights flashing when the child began crossing Ninth Street to board the bus, when he was hit by the car. It is unclear whether the car passed the bus while its stop arm was down and its red lights were flashing.

Under Minnesota state law, drivers are required to stop 20 feet away from a bus if the bus has its stop arm down and its red lights flashing. If its amber “warning lights” are flashing, motorists may not pass the bus on the right.

I would suggest that if you see a stopped bus, regardless of whether its lights are flashing or the stop arm is down, STOP! As inconvenient as it may be to have to wait for an extra minute or two during your morning or afternoon commute, it’s a thousand times better than hitting and injuring a child!

The Kanabec County Sheriff's Office indicates the accident is still under investigation.

For a free, no-obligation consultation with one of our Minnesota personal injury lawyers, call Meuser & Associate at 877-746-5680 or click here to send us an email.

U.S. Supreme Court Declines to Hear Case on Whether Federal Law Prohibits Undocumented Workers from Receiving State Workers’ Compensation Benefits

In Minnesota, undocumented workers are eligible for workers’ compensation benefits, regardless of their work status. Some states do permit undocumented workers to collect workers’ compensation benefits, and some states do not. To my mind, this makes sense. If an employer hires an undocumented worker, that employer is responsible for workers’ compensation benefits if that worker is injured on the job. Employers who hire illegal workers should be held responsible for paying workers’ compensation benefits if their undocumented workers are injured.

On February 28, 2011, the United States Supreme Court declined the petition of a Louisiana employer requesting that the Supreme Court decide that Federal law prohibits states from extending workers’ compensation benefits to undocumented workers.

In Louisiana, undocumented workers are also covered for workers’ compensation benefits. Vaughan Roofing & Sheet Metal v. Antonio Garcia Rodriguez involved an undocumented worker who was injured while doing roofing work at the University of Louisiana-Lafayette. Vaughan Roofing & Sheet Metal was a contractor on the job site, and it was determined that Rodriguez was a “statutory” employee of Vaughan. Rodriguez was awarded workers’ compensation benefits.

Vaughan appealed the determination through the state court system, and then appealed to the U.S. Supreme Court for a determination as to whether Federal immigration law pre-empts state workers’ compensation laws permitting undocumented workers to collect benefits. In declining to hear the case, the Supreme Court leaves the states to make their own determinations as to whether or not to extend workers’ compensation coverage to undocumented workers who are injured on the job.

Regardless of your legal work status, if you are injured on the job in Minnesota, you may be entitled to workers’ compensation benefits. For a free, no-obligation consultation with a workers’ compensation lawyer, call us at 877-746-5680, or click here to send us an email.

Visit us at MeuserLaw.com!

Preventing Work-Related Eye Injuries

Work-related eye injuries can be temporary, or they can be devastating. Thankfully, most work-related eye injuries can be prevented. In Minnesota, if you sustain a work-related eye injury, you may be entitled to workers’ compensation benefits, including medical expenses, wage loss benefits, permanent partial disability benefits, and rehabilitation benefits.

There are more than 800,000 work-related eye injuries every year. Some of these injuries are temporary, and some result in permanent loss of vision. Most eye injuries occur in production jobs, transportation jobs, material handling jobs, service industry jobs, and construction jobs. Men are more likely to sustain eye injuries on the job than women. Workers between age 25 and 34 are the most likely to sustain work-related eye injuries.

Eye injuries are most often caused by:

• Flying particles
• Chemical splashes, vapors, or dust
• Being stuck by or bumping into an object
• Sparks or molten metal and other hot liquid splashes
• Light radiation from welding

According to OSHA, 90 percent of all workplace eye injuries can be prevented by wearing eye protection. Most injuries occur because an employee is not wearing eye protection at the time of the accident. In fact, some estimate that as many as three in five injured workers were not wearing eye protection at the time of the accident. In other instances, workers were wearing eye protection, but the eyewear they were wearing didn’t adequately protect against the specific hazard involved.

Workers can help avoid eye injuries by:

• Obey workplace warning signs
• Always put on protective eyewear before entering an area where hazards may be present
• Use safety eyewear that provides maximum protection
• Make sure your eyewear fits properly and comfortably
• Inspect protective eyewear regularly and replace if there are defects
• Know where eyewash stations are located and how to use them
• Know basic first aid for eye injuries
• Store your protective eyewear where it won’t get scratched or damaged, and keep it clean
• Report potential eye hazards to a supervisor immediately

Eye injuries can be frightening and devastating. If you’ve sustained a work-related eye injury in Minnesota, you may be entitled to workers’ compensation benefits. For a free, no-obligation with a Minnesota workers’ compensation attorney, call us at 877-746-5680, or click here to send us an email.

Visit us at MeuserLaw.com!

Two Hopkins Police Officers Sustain Injuries When They Were Rear-ended During a Traffic Stop on March 28, 2011

There’s no question being a police officer is a dangerous job. The number one cause of serious injuries to police officers isn’t being shot in the line of duty – it’s being injured in an in-the-line-of-duty auto accident.

According to Kare11, two Hopkins police officers sustained minor injuries on Monday morning, March 28, 2011, when their squad car was rear-ended by a Toyota pickup during a traffic stop.

The officers were on a stop in the area of Excelsior Boulevard and Ashley Road. The driver of the Toyota was driving on a revoked license. The Toyota’s windshield was also partially frosted over, obstructing the driver’s view of the stopped squad car, despite the fact that the squad car’s emergency lights were on at the time. Police estimate that the damage to the squad car exceeds $6,000.00.

Police officers who sustain injuries as a result of an on-duty auto collision may be entitled to a variety of benefits. First, these types of injuries are covered by Minnesota workers’ compensation. Workers’ compensation benefits include medical expenses, wage loss benefits, rehabilitation benefits, and permanent partial disability benefits.

In addition to workers’ compensation benefits, Minnesota police officers who sustain injuries as a result of a motor vehicle collision caused by someone else’s negligence or fault may also be able to bring a civil liability personal injury claim against the at-fault party for medical expenses, lost wages, and pain and suffering.

If a Minnesota police officer sustains career-ending injuries, he or she may also be entitled to Public Employees Retirement Association duty disability benefits and continuation of healthcare under Minn. Stat. 299A.465.

Police officers should be especially particular in choosing a workers’ compensation, personal injury, or PERA lawyer. Make sure your lawyer understands all the benefits available to you. Meuser & Associate has represented dozens of police officers throughout the state of Minnesota for workers’ compensation claims, personal injury claims, and PERA claims. Make sure you don’t miss out on benefits you’re entitled to. For a free, no-obligation consultation with one of our workers’ compensation lawyers, call us at 877-746-5680 or click here to send us an email.

Visit us at MeuserLaw.com!

Will I Have to Undergo an Independent Medical Examination (IME) for My MN Workers’ Compensation Injury?

In our practice, I’d estimate at least 2/3 of my Minnesota workers’ compensation clients are required to undergo an “Independent” Medical Examination (IME) at least once during the duration of their claim. IME’s on disputed claims are almost inevitable.

We refer to so-called “Independent” Medical Examinations (IME) as adverse exams. They are not independent. The doctor you see will not offer treatment recommendations or advice. The doctor is hired by and paid for by the workers’ compensation insurance company.

The purpose of an IME is to provide an “independent” and “expert” opinion report regarding the nature and cause of your injuries for the insurance company. As you might imagine, very, very few of these reports are favorable to the Employee. Generally speaking, the IME doctor will opine that you weren’t hurt, that your injuries were pre-existing or unrelated to your work, that if you did have an injury, you’re completely healed, that your medical care has been unreasonable or unnecessary, that you’re not disabled, or that you’re simply faking it all together. The workers’ compensation insurance company then uses this so-called “expert” opinion as a basis to deny your claim.

Unfortunately, you are generally required to attend if the workers’ compensation insurance company decides to send you to one.

I ran across an interesting report from the MN Dept. of Labor and Industry analyzing what types of workers’ compensation claims involved an Independent Medical Examination. Claims that were closed in 2001 were included in the analysis, and a total of 1,197 of claims were reviewed to determine whether an IME had been performed and filed with the Department of Labor and Industry. Not all IME’s that are conducted are filed with DOLI, so some claims with no IME on file may have still had one conducted. Some claims fell into multiple categories. Not surprisingly, the analysis shows that claims where there was a dispute, or where the Employee’s disability lasted for an extended period were very likely to involve an IME.

• IME’s were filed on 9% of all claims involving indemnity benefits.
• IME’s were filed on 16% cases where claimants received temporary total disability (TTD) benefits for more than four weeks.
• IME’s were filed on 28% cases where a vocational rehabilitation plan was filed.
• IME’s were filed on 31% cases involving a primary denial of liability as well as a claim for indemnity benefits.
• IME’s were filed on 37% cases where a Rehabilitation Request for Assistance was filed.
• IME’s were filed on 56% cases where a Medical Request for Assistance was filed.
• IME’s were filed on 52% cases involving an Administrative Hearing Request, dealing with objections to discontinuances of wage loss benefits.
• IME’s were filed on 54% cases where a Stipulation for Settlement was filed.
• IME’s were filed on 63% cases where a Claim Petition was filed.
• IME’s were filed on 84% cases where a formal Objection to Discontinuance or Petition to Discontinue was filed.

If you’ve been scheduled for an Independent Medical Examination (IME) by your workers’ compensation insurance company, now is the time to speak with a workers’ compensation lawyer. It means that the workers’ compensation insurance company is going to try to stop your workers’ compensation benefits, and they’re seeking a so-called “expert” opinion to justify their reason for stopping your benefits.

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

Brainerd Man Hurt in Collision on Highway 25 on March 26, 2011

According to the Pioneer Press, a 21 year old man sustained serious injuries when the convertible he was driving broadsided a truck on Minnesota Highway 25 on Saturday, March 26, 2011.

The young man was driving southbound on Minnesota 25 in a Saab convertible when he broadsided a Dodge truck going north on Minnesota 25 making a left turn. There was also a passenger in the convertible who suffered non-life threatening injuries, and the truck driver had no injuries.

The Pioneer Press article is not absolutely clear as to who was at fault in this accident, but in our practice, left turns in front of oncoming traffic are a very common cause of motor vehicle collisions.

Thankfully, most auto collisions are avoidable. Here are some common sense tips to keep yourself out of a motor vehicle accident.

1. Look ahead to watch for potential hazards, like lane restrictions, construction areas, slow moving vehicles, turning vehicles, or slow vehicles. The farther you look ahead, the more time you have to react to a hazardous situation.
2. Create space. Guard your safety by creating space around your vehicle. Adequate space allows you additional time to react to a hazardous situation. Allow at least two seconds of following distance, avoid driving in others’ blind areas, and move away from tailgaters.
3. Communicate with other drivers. If other drivers see you, it’s less likely that they will collide with you. Use your lights and horn when necessary to let other drivers know you are there. Making eye contact with other drivers also makes it less likely that they will pull out in front of your or make another driving error.
4. Drive predictably. Let other drivers know your intentions. Signal your intentions, change lanes slowly, and gradually decrease your speed. Sudden lane changes or stopping often causes accidents. If you miss your turn or exit, don’t fly across four lanes of traffic. Just wait for the next exit.
5. Use your signals. Always signal your turns and lane changes. If other drivers know your intentions, they’re less likely to collide with you.

For more great safe driving tips, visit Drive Safe With Uncle Bob.

If you’ve sustained injuries in an auto collision as a result of someone else’s negligence or careless, you may be entitled to compensation for you injuries, including medical expenses, lost wages, and pain and suffering. For a free, no-obligation consultation with one of our Minnesota personal injury attorneys, call us at 877-746-5680 or click here to send us an email.
Visit us at MeuserLaw.com.

Work Comp. and Personal Injury Claimants: Be Smart About What You Post on Facebook

I ran across an interesting story by a Pennsylvania personal injury attorney who warns that insurance companies are now apparently “friending” claimants on Facebook. He notes that his client received a friend request from her Progressive claims adjuster on Facebook. The client smartly declined the friend request.

I have yet to hear about this happening with any of my clients, but I don’t doubt that it will start to happen at some point. People often forget that Facebook and other social media sites are not necessarily private, regardless of your privacy settings.

Everyone uses Facebook, right? Meuser & Associate even has a Facebook page. The problem is that things you post on your Facebook page aren’t necessarily private. A single Google search will often bring up your personal Facebook page. If you have your page set to the highest privacy status, searchers can still usually see at least limited information about your profile. Another problem is that if your Facebook friends don’t have the highest privacy status, a searcher may be able to see things you’ve posted through your friends’ pages.

I’ve started to counsel my workers’ compensation and personal injury clients to use common sense about what they post on Facebook. For example:

• Select the highest privacy settings on your Facebook page.
• Don’t approve friend requests of people you don’t know.
• If you wouldn’t want your grandmother to see the picture, don’t post it.
• You are alerted when friends “tag” you in a photograph. Be smart about which photos you permit to be “tagged” with your name.
• Assume all comments you make on other Facebook pages are open to public viewing and can be attributed to you.

If you have a workers’ compensation injury or a personal injury case, assume that the workers’ compensation insurance adjuster or personal injury adjuster is searching for you on the internet. If you post a photograph of yourself playing softball when you’re supposedly completely disabled, or post pictures of yourself partying it up at a bar when you are off work due to an injury, and the insurance company gets their hands on it, I assure you it won’t help your case.

For a free, no-obligation consultation with one of our Minnesota workers’ compensation and personal injury attorneys, call us at 877-746-5680, or click here to send us an email.

Two Drivers Seriously Injured in Coon Rapids Crash on March 26, 2011

According to the Star Tribune, one car swerved over the center line on Main Street NW in Coon Rapids on Saturday afternoon, March 26, 2011, hitting another vehicle head-on.

Both seriously injured drivers were pinned in their crushed vehicles. One driver was taken by ambulance to North Memorial in Robbinsdale, and the other driver was flown by helicopter to Hennepin County Medical Center. One of the vehicles also had two passengers, who were apparently not seriously injured.

According to Coon Rapids police Sergeant Tom Hawley, the roads were dry in the area of the crash, and alcohol is not suspected as a factor in the crash.

Our thoughts and prayers go out to the drivers and their families.

Fortunately, most accidents are avoidable. There are things you can do to reduce the likelihood that you will be involved in a motor vehicle collision, or reduce the likelihood that you sustain serious injury if you are involved in an auto collision.

1. Wear your seat belt. Seat belts are the most important safety device ever invented. They provide impact protection, absorb crash forces, and keep you from being thrown out of the vehicle.
2. Buy and use other safety devices. In addition to seat belts, other safety devices, including size-appropriate child safety restraints, ABS brakes, and air bags, help reduce the likelihood of a crash or reduce the likelihood of severe injury.
3. Don’t run red lights. This one should be obvious, but red light running causes hundreds of accidents a year. There are two types of red light runners – those who are distracted and miss the red light and those who are too impatient to wait for the next green light. Don’t be either.
4. Drive precisely. Follow the basic rules of the road – signaling, proper lane position for turns, turning into the proper lanes, safe lane changes, driving to the right except when passing, coming to a complete stop for stop signs, and obeying traffic signs. Failure to follow these simple rules can result in a major accident.
5. Chill out! If you’re angry or upset, you’re more likely to drive aggressively, and more likely to have a collision. I like to think about driving in terms of “karma points.” I make mistakes, and everyone else does too. If I “forgive” someone else’s driving mistake, I bank “karma points” for the next time I make an error. Many collisions occur when a driver is mad, upset, stressed, or distracted in some way. Try to stay calm, rational, and positive.

For more great safe driving trips, visit Drive Safe With Uncle Bob.

If you or a loved one has sustained injuries in an auto accident due to someone else’s negligence or carelessness, you may be entitled to compensation for your injuries. For a free, no-obligation consultation with a Minnesota personal injury lawyer, call us at 877-746-5680 or click here to send us an email.

Drive Safe on Wet Minnesota Roads

As Spring slowly approaches here in Minnesota, rainstorms are on their way. In combination with the snow melt and flooding in areas, driving in rainstorms can be extremely dangerous. Use extra caution on wet roads to avoid a motor vehicle collision.

When roads are wet, they are slippery, which can cause your tires to lose traction or cause you to hydroplane. Hydroplaning means that your tires don’t have traction on the road surface, causing you to lose the ability to steer and brake, much like sliding on ice. The most important thing you can do to avoid hydroplaning on wet roads is to ensure you have good treads on your tires. Springtime is a good time to check to see if you need new tires. It’s also a good idea to drive slower on wet roads. If you do start to hydroplane, release the gas pedal and drive straight until your tires regain traction on the road surface.

Here are some tips to make driving on wet roads safer:

• Make sure your tire treads are in good condition. Good treads on your tires make it less likely that you will lose traction on wet roads.
• Make sure your windshield wipers are working properly. If you can’t see out your windshield during a rainstorm, you won’t be able to anticipate dangers.
• Make sure you have washer fluid. Melting snow and rain in the Spring in Minnesota means that your windshield is going to get muddy. Washer fluid helps keep your windshield clear. 
• Avoid driving through standing water or large puddles. It doesn’t take much water to hydroplane. 
• If you have to drive through water, slow down. You are less likely to hydroplane, and you give your self more time if you have to slow down or take evasive action.
• Don’t use cruise control. Cruise control can cause a vehicle to accelerate in a hydroplane, and slows your reaction time if you do start to hydroplane.
• Apply your brakes more slowly and with less force to increase stopping distances. This gives the driver behind you more time to stop to avoid hitting you from behind.
• During rainy or foggy days, keep your headlights on. It helps you see better, and it makes you more visible to other motorists.

It’s a driver’s responsibility to drive responsibly whatever the road conditions. Bad road conditions often contribute to car accidents, but many of those accidents can be prevented by using extra care in bad weather.

If you’ve been inured in a car accident due to someone else’s carelessness or negligence, you may be entitled to compensation for your medical bills, your lost wages, and your pain and suffering. For a free, no-obligation consultation about your auto accident case, call us at 877-746-5680, or click here to send us an email to speak with one of our Minnesota personal injury attorneys.

Visit us at MeuserLaw.com!

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Good News About Chronic Back Pain: Research Study Shows that Many People Do Recover

By far the most common work-related injuries we see in our Minnesota workers’ compensation law practice are back injuries. Unfortunately, back injuries are probably also one of the most disputed types of injuries.

Some common reasons for the workers’ compensation insurance company to deny your claim include a gap of time between the time your back pain develops, and the time you break down and seek medical care, suggestion that you have a pre-existing condition, suggesting that your injury occurred outside the workplace, denying on the basis that if you did sustain a back injury, it was just a temporary strain, and that your injury developed over time as opposed to developing as a result of a specific incident.

The good news is, back pain is not necessarily a permanent condition. I ran across an article on WebMD about a research study done in Australia on 973 people who reported the onset of low back pain.

The low back pain became chronic, meaning that it lasted for at least three months, among 259 of the 973 patients, or approximately 27%. Of those patients, almost half, or 47%, had recovered completely within a year.

Of all the people in the study, within nine months, 35% had recovered completely, and within a year 42% had recovered completely.

Popular opinion has been that once back pain becomes chronic, recovery is unlikely. What this study shows is that a large portion of chronic back pain sufferers did in fact recover completely within a year.

Interestingly, the study also indicated that the patients who didn't recover from their back pain within a year were more likely to have taken sick leave for back pain in the past, to have had higher levels of disability or intense back pain when their back pain began, to have lower levels of education, to consider themselves at high risk of persistent pain, and to be from another country.

While the study does provide evidence that people with chronic back pain can and do in fact recover, the study did not evaluate the effectiveness of the various treatments received by the patients participating in the study. So, the question as to which type of treatment works best to heal low back pain remains to be determined.

If you’ve suffered a work-related back injury, you may be entitled to workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and rehabilitation benefits. For a free, no-obligation consultation to learn more about your Minnesota workers’ compensation rights, call us at 877-746-5680, or click here to send us an email.

Visit us at MeuserLaw.com!

Preventing Slips, Trips, and Falls at Work

Slips, trips, and falls are some of the most common causes of work-related injuries. Slips, trips, and falls can cause bruises, broken bones, sprains and strains, back or neck injuries, and even head injuries. Falls from heights can also be deadly.

According to OSHA, slips, trips, and fall account for the majority of all general industry. The injuries sustained in slips, trips, and falls can be serious. In fact, 15 percent of all accidental deaths are caused by slips, trips, falls. These types of injuries are also costly. In 2006, injuries caused by slips, trips, and falls caused 234,450 lost workdays, and cost U.S. businesses $11.6 billion in medical costs and the cost of lost workdays.

Most slip, trip, and fall accidents are also preventable. According to OSHA, “[t]here are many situations that may cause slips, trips, and falls, such as ice, wet spots, grease, polished floors, loose flooring or carpeting, uneven walking surfaces, clutter, electrical cords, open desk drawers and filing cabinets, and damaged ladder steps. The controls needed to prevent these hazards are usually obvious, but too often ignored, such as keeping walkways and stairs clear of scrap and debris; coiling up extension cords, lines, and hoses when not in use; keeping electrical and other wires out of the way; wearing lug soles in icy weather; clearing parking lots, stairs, and walkways in snowy weather; and using salt/sand as needed.”

At minimum, OSHA requires that all areas where employees work or travel must be kept clear of hazards. Every floor, work area, and passageway must be kept free from protruding nails, splinters, holes, or loose boards. These surfaces must be clean and free of hazards that could interfere with normal activities.
University of Florida researchers discovered a number of activities that are more likely to lead to slips, trips, and falls, including:

• Walking too fast or running
• Getting distracted
• Not watching where one is going
• Carrying materials that obstruct view
• Wearing sunglasses in low-light areas
• Failure to use handrails

To avoid slips, trips, and falls at work:

• Pay attention to where you’re going and what’s in the way.
• Walk, don’t run.
• Wear sturdy shoes with nonskid soles.
• Keep aisles, stairs, and walkways clear of tools, materials, cords, etc.
• Fix or report broken flooring, stair rails or steps, ladders and burned-out lights.
• Clean up leaks and spills promptly.
• Block off and mark floor areas being cleaned or repaired.
• Dispose of trash promptly and properly.
• Close drawers.
• Stay away from dock and platform edges.
• Walk slowly, sliding your feet, on slippery surfaces.
• Avoid wearing baggy pants you could trip over.
• Use a ladder rather than chairs or boxes to reach high places.
• Don’t carry loads you can’t see over, especially on stairs.
• Don’t jump on or off platforms and loading docks.

We see injuries as a result of slips, trips, and falls on a regular basis in our Minnesota workers’ compensation practice. Remember, in order to be covered by workers’ compensation, your injury must arise out of, and occur in the course and scope of your employment. There must be some relationship between your work and the slip, trip, or fall, and any subsequent injuries. On occasion, the workers’ compensation insurance company will try to deny an employee’s claim where the reason or the slip, trip, or fall isn’t clear. They will sometimes try to suggest that you tripped over your own feet, tripped on your own shoelace, or were just clumsy. Even if that is the case, if you sustained injury because of something in the work environment, it is still a compensable injury. For example, even if you tripped over your own shoelace, if you sustained a head injury because you struck your head on a work stool on the way down, it’s a compensable injury.

If you’ve sustained an injury at work because of a slip, trip, or fall, you may be entitled to Minnesota workers’ compensation injuries, including medical expenses, wage loss benefits, permanent partial disability benefits, and rehabilitation benefits. Make sure you get the benefits you are entitled to! Contact Meuser & Associate at 877-746-5680, or click here to send us an email for a free, no-obligation consultation with one of our Minnesota workers’ compensation lawyers.

Minnesota Workers’ Compensation Settlement: How Much Will I Get?

Some of the most common questions I hear from injured workers are:

• When will the insurance company offer me a settlement on my workers’ compensation case? 
• How much will I get for a settlement of my work injuries?
• When will my workers’ compensation trial be?
• How much will the insurance company give me for my bulging disc, carpal tunnel, fusion surgery, or broken ankle?

The answers to these questions depend on a lot of different variables in Minnesota workers’ compensation cases. The most important thing to remember in a workers’ compensation case, is that there is no “settlement” per se, nor is there necessarily a trial in a Minnesota workers’ compensation case.

A Minnesota workers’ compensation case is different than a personal injury case. A personal injury case is resolved by settling or going to trial, and you receive a lump sum of money to compensate you for your medical expenses, your wage loss, and your pain and suffering. A personal injury settlement or jury verdict also accounts for your future medical expenses, your future wage loss, and your future pain and suffering. It’s a one-shot deal. Whatever you settle for or whatever the jury awards is the amount you get in compensation for your injuries. Period.

In contrast, in a workers’ compensation case, if your claim is admitted, the workers’ compensation insurance company simply makes payments as your expenses occur, like medical bills, or weekly wage loss benefits. We often say that an injured worker is then “in” the workers’ compensation system. If there are no disputes on your workers’ compensation case, there is no trial.

If there are disputes on your workers’ compensation case, whether the workers’ compensation insurer has flat-out denied primary liability on your case, or refused to pay your medical bills, refused to pay certain benefits, or refused to authorize certain treatment, once your attorney files a claim, you will ultimately get a trial date.

A workers’ compensation trial is very different than a personal injury trial.

• First off, there is no jury – a workers’ compensation judge makes a decision on your case.
• Second, workers’ compensation trials are much less formal than personal injury trials in terms of procedure. 
• Third, and most importantly, a workers’ compensation judge will make a determination only as to the issues currently in dispute on your case. For example, if the workers’ compensation insurer is denying pre-approval for surgery, and that’s the only dispute on your case, the judge will make a determination only whether or the workers’ compensation insurer must pay for the surgery. If there is a dispute regarding your entitlement to permanent partial disability (PPD) benefits, the judge’s decision will address only this issue. If your case involves a dispute as to your entitlement to wage loss benefits, a judge makes a determination as to your eligibility for wage loss benefits only up through the date of the hearing. At a workers’ compensation trial, the workers’ compensation judge will not make a determination as to your entitlement to future benefits.

Even if you win a trial on whatever issues are in dispute, it’s entirely possible for the insurance company to turn around the next day and refuse to pay for something else, and you have to start the dispute process all over again. In fact, we have a number of clients where we’ve gone to trial on their cases a number of times.

Sounds depressing to be stuck in this “system,” right? The good news is that in most workers’ compensation cases, we are able to procure a settlement on behalf of our client, regardless of the type of dispute involved. Depending on the issues at dispute, there are any number of ways to “settle” a workers’ compensation case.

A few examples might include:

• There is a dispute over an injured worker’s wage loss benefits. The parties might enter into a “to-date” settlement where the employee receives a partial settlement for an underpayment of wage loss benefits through the date of the settlement, and the employee is entitled to claims for future benefits.
• There is a dispute over payment of an employee’s medical bills. The parties agree to settle those bills with the medical provider for a compromised amount as part of a “to-date” settlement. The employee doesn’t receive any money as a result of this type of settlement, but he or she is entitled to ongoing benefits. 
• There is a dispute over an employee’s wage loss benefits. The parties agree to settle an employee’s case on a full, final, and complete basis, which closes out both past and future monetary benefits in exchange for a lump sum payment, but leaves open entitlement to future medical care to be paid by the workers’ compensation insurance company. 
• There is no dispute on an employee’s workers’ compensation case. The parties agree to settle an employee’s case on a full, final, and complete basis, for a close out of the employee’s entitlement to future wage loss benefits in exchange for a lump sum payment, leaving open entitlement to future medical care. 
• The insurance company denies primary liability on an injured workers’ case. The parties agree to settle all claims, including entitlement to future medical care, in exchange for a lump sum payment. 
• The employee previously entered into a settlement, closing out his or her entitlement to monetary benefits. A dispute arises regarding the employee’s entitlement to medical care. The parties enter into a settlement agreement whereby the insurance company pays a compromised amount to the employee’s medical providers. The employee’s ongoing medical care remains open.

I often hear from clients statements like “my uncle got X dollars for the same injury I had,” or “my neighbor only got X dollars for the same injury I have, is that all that I will get?”

The biggest variable that comes in to play in calculating a “demand” for purposes of settlement negotiations on a Minnesota workers’ compensation case is not necessarily the type or severity of the Employee’s injury. It is usually the amount of the injured worker’s Average Weekly Wage (AWW). The AWW determines the compensation rate for both temporary total disability (TTD) benefits and temporary partial disability benefits (TPD). Other factors that come into play is the type and severity of the injury, how long the employee has been and/or is expected to be off work, what the employee’s projected earning capacity is, whether the employee is currently working, whether the insurance company has admitted or denied primary liability, the strength of any defenses the insurance company may have to the claim, whether the employee is 90 days post-MMI, and how long the insurance company has paid benefits to the employee. Things like pain and suffering you've experienced, loss of enjoyment of your previous lifestyle, and the stress of dealing with an injury do not factor in to the value of your workers' compensation claim, because these types of intangible losses are not compensable under the Minnesota workers’ compensation system.

So, the long answer to the question “How much will I get for my Minnesota workers’ compensation settlement?” is:

It depends on the specific facts of your case! At Meuser & Associate, we’ve tried hundreds of workers’ compensation cases, and settled thousands of cases. We can help make sure you get the benefits you’re entitled to, whether it be by trying your case, or by settling your case.

For a free, no-obligation consultation regarding your workers’ compensation case, call us at 877-746-5680, or click here to send us an email to speak with one of our Minnesota workers’ compensation lawyers.

Visit us at MeuserLaw.com!

Maximum Medical Improvement (MMI) and MN Work Comp: A Double-Edged Sword

If you’re an injured worker in Minnesota, at some point in time, you will probably be sent a letter from the workers’ compensation insurance company notifying you that you’ve reached Maximum Medical Improvement (MMI). On the upside, Maximum Medical Improvement often means you may qualify for Permanent Partial Disability (PPD) benefits. On the downside, it means the insurer can stop paying you temporary total disability benefits (TTD) even if you are not fully recovered or back to work.

Maximum Medical Improvement (MMI) is an important concept in Minnesota workers’ compensation law. It 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.” In plain language, it essentially means that from an objective perspective, your condition has improved as much as it is going to. It doesn’t mean that you’re healed. It doesn’t mean that you’re not entitled to additional medical care. It doesn’t mean that your case is over. And it doesn’t mean that you’re no longer suffering from the effects of your injury.

What it does mean, however, is that the workers’ compensation insurance company will stop you temporary total disability (TTD) benefits 90 days after sending you notice of reaching Maximum Medical Improvement (MMI), regardless of whether you’ve fully recovered from your injuries, and regardless of whether you’ve found a new job.

Often, the insurance company secures an MMI determination by sending you to attend an Independent Medical Examination (IME).

This is one of the hardest concepts for my clients to deal with. If you lost your job because of your injury, and you have yet to find a new job, if you have reached Maximum Medical Improvement (MMI), the insurance company will discontinue temporary total disability benefits.

The upside is that if you’ve reached Maximum Medical Improvement (MMI), it is appropriate for your doctor to make a determination as to any permanent impairment you’ve sustained, which may entitle you to Permanent Partial Disability (PPD) benefits.

The other good news is that if you believe that you have not in fact reached Maximum Medical Improvement (MMI), in many circumstances, we can dispute that determination. For example, if the MMI determination was issued by an IME doctor, and your doctor disagrees, you may not actually be at Maximum Medical Improvement. Or, if your doctor has recommended additional diagnostic testing, surgery, or other treatment, you may not have reached Maximum Medical Improvement yet.

Workers’ compensation insurance companies often seek a pre-mature determination of Maximum Medical Improvement (MMI) to try to limit their potential liability for ongoing temporary total disability (TTD) benefits.

If you’ve sustained a Minnesota work-related injury, the workers’ compensation insurance company will almost invariably try to discontinue your benefits prematurely. Unfortunately, injured workers are a liability in the eyes of the insurance company, and they will often go to surprising means to keep their costs as low as possible, regardless of what is right or fair.

For a free, no-obligation consultation to learn more about your workers’ compensation rights, call us at 877-746-5680, or click here to send us an email to speak with one of our Minnesota workers’ compensation lawyers.

Visit us at MeuserLaw.com!

Tips to Help Your MN Workers’ Comp. Lawyer Help YOU!

There is no such thing as a perfect workers’ compensation case. Injured workers live in the real world, and sometimes things happen or an injured worker makes choices that will negatively impact his or her workers’ compensation case. My job as a workers’ compensation lawyer is to advise you and help guide you through the system, to advocate on your behalf when there are disputes with the workers’ compensation insurance company, to represent you at hearings, or to obtain a fair settlement on your behalf, even if circumstances come up, or you make decisions that negatively impact your case.

That being said, there are some relatively simple things you can do to make it easier for me, as your workers’ compensation lawyer, to represent you to the best of my ability.

• First, if you are unable to return to your date-of-injury employer due to your restrictions, it is absolutely imperative that you conduct job search efforts, and document those search efforts. In order to prove your entitlement to wage loss benefits when you are completely off work, you must have work restrictions, you must not be 90 days post-maximum medical improvement, you must not have exhausted 130 weeks of temporary total disability benefits, and YOU MUST CONDUCT A DILIGENT JOB SEARCH. I see too many clients sink their otherwise good cases by failing to conduct a diligent job search, and/or failing to document that job search. Click this link to download and print job search logs. Turn these in on a regular basis.

• Second, if your Minnesota workers’ compensation claim is denied, or the workers’ compensation insurer has refused to pay for certain medical expenses, and you have been submitting expenses through your personal insurance and paying co-payment expenses, paying for prescriptions, or paying for anything else out of pocket, keep track of those expenses, and keep receipts for everything. Send these to me on a regular basis. This documentation is necessary to prove that you are entitled to reimbursement for your out of pocket expenses.

• Third, keep track of your medical providers. If you have a serious or long-term injury, chances are, you’ve been seen by several different medical providers, including, but not limited to, your primary physician, a specialist, a chiropractor, a physical therapist, a surgeon, and more. Keep a list of the doctors you’ve seen. I do the best I can to make sure I have a complete list of your medical providers, but sometimes folks are seen by upwards of twenty or more different medical providers for a complex or long-term injury. You’re the one who knows best who you’ve treated with. If I don’t have a complete list of your medical providers, I may miss important medical records, or miss bills that need to be paid. Click here to download and print forms to keep track of your medical providers.

If you’ve sustained a Minnesota workers’ compensation injury, unfortunately, it’s easy to step into pitfalls and hurt your case. A workers’ compensation lawyer can help make sure you understand the maze that is the Minnesota workers’ compensation system, and we can help you avoid falling into the traps the insurance company sets for you.

For a free, no-obligation consultation with one of our workers’ compensation lawyers to learn more about your Minnesota workers’ compensation rights, contact Meuser & Associate at 877-746-5680, or click here to send us an email.

For more information about Minnesota workers' compensation, check out our Workers' Compensation Frequently Asked Questions section at MeuserLaw.com.

MNDOT Backhoe Operator Tragically Killed Clearing Debris

Our sympathies go out to friends and family of the young man who was killed Tuesday when his backhoe tipped into the Minnesota River while he attempted to clear debris near a culvert going under Highway 169.

Over the next several weeks as MnDOT employees and other workers perform back-breaking work in dangerous situations to try to clean up after today’s snowstorm and try to minimize the destructiveness of this spring’s flooding, please be careful. We’ll be thinking about you.

If you are injured as a result of a work-related injury, or if your loved one is killed as a result of a work-related injury, you may be entitled to Minnesota workers’ compensation benefits. Please contact us at 877-746-5680 or click here to send us an email for a free, no-obligation consultation with one of our attorneys to learn about your Minnesota workers’ compensation rights.

For more information about this tragic accident, visit KSTP article here and Pioneer Press article here.

UPDATE: According to the Pioneer Press, a fund has been set up to benefit the children of Mike Struck. Donations to the Mike Struck Memorial Fund can be made to the Nicollet County Bank in St. Peter.

Ergonomics Tips for MN School Workers: Avoiding Work-Related Injuries at School

When there is a mismatch between a worker’s physical capabilities and the physical requirements of a job, musculoskeletal disorders and injuries can occur. School workers, including teachers, support staff, school administrators, custodians, librarians, and kitchen workers frequently sustain musculoskeletal disorders and injuries in the course and scope of their employment. Unfortunately, these types of workers compensation claims are also often quite contentious.

Some common types of musculoskeletal injuries and disorders that occur frequently among school workers include:

Sprains and strains
Tendinitis
Bursitis
Carpal tunnel syndrome
Rotator cuff tears
Lumbar or cervical disc degeneration
Lumbar or cervical disc herniations or bulges
Epicondylitis
Trigger finger
Tenosynovitis
Ganglion cyst
Radial tunnel syndrome
Cubital tunnel syndrome
Thoracic outlet syndrome
Plica syndrome
Patellofemoral pain syndrome
Medial collateral tears
Meniscus tears

Symptoms of musculoskeletal disorders can begin as numbness or stiffness in joints or tingling, aching sensations in muscles. Pain or burning sensations may be evident, too. Often symptoms progress gradually, becoming more severe with prolonged exposure to the condition causing them. Damage to nerves, tendons, joints, or soft tissue can result.

To avoid injuries, school workers should consider the following tips:

Teachers:   

1) Set your computer workstation for a comfortable posture.
2) Avoid bending over for long periods when working with students. Use a chair and sit down or squat for short periods.

Librarians:   

1) Set up your computer station to allow you to sit and work in a comfortable position.
2) Keep frequently checked-out books on a cart that is easily accessible.

Custodians:  

1) Avoid lifting mop buckets to pour them into sinks. Use a floor train and tip the bucket, or use a bottom-emptying mop bucket.
2) Take frequent breaks while doing repetitive or strenuous activities.

Kitchen workers:    

1) Store heavier items on shelves between knee and waist level. Open large supply boxes and put items away individually.
2) Use carts or dollies to move pots, supplies, freight, or other heavy items.

Administrators:   

1) Set your computer workstation to allow you to sit and work in a comfortable position.
2) Take regular mini-breaks away from your workstation.

If you’re a Minnesota teacher, administrator, librarian, kitchen worker, or custodian, and you’ve sustained an injury as a result of your work activities, you may be entitled to Minnesota workers’ compensation injuries, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and/or rehabilitation benefits.

For a free, no-obligation consultation to learn about your Minnesota workers’ compensation rights, call us at 877-746-5680 or click here to send us an email to speak with one of our workers’ compensation lawyers.


For more information visit us at MeuserLaw.com!

100th Anniversary of the Triangle Shirtwaist Factory Fire: March 25, 2011

The U.S. Department of Labor and Industry has established a new interactive website commemorating the 100th anniversary of the Triangle Shirtwaist Factory Fire.

The Triangle Shirtwaist Factory Fire which began on March 25, 1911 at the Triangle Shirtwaist Factory Fire in New York City took the lives of 146 garment workers in a matter of minutes. It was the single deadliest industrial disaster in the history of New York City, and one of the worst in United States history. Most of the victims were recent immigrant women aged sixteen to twenty-three.

The Triangle Waist Company factory occupied the eighth, ninth, and tenth floors of the Asch Building at the corner of Greene Street and Washington Place in New York City. Under the ownership of Max Blanck and Isaac Harris, the company produced women's blouses, known as “shirtwaist.” The factory normally employed about 500 workers who were mostly young immigrant women.

At the end of the work day on Saturday, March 25, 1911, a fire broke out on the eighth floor of the factory. Although the cause of the fire has never been conclusively proven, the Fire Marshal determined that the likely cause of the fire was the disposal of a cigarette or match in a scrap bin, which then started on fire.

A bookkeeper was able to alert employees on the tenth floor via telephone, but there was no alarm on the ninth floor. The ninth floor had three exits, including a freight elevator, a fire escape, and stairways down to the Greene Street and Washington Place. Tragically, these exits were useless to the trapped workers. Flames prevented employees from descending the Greene Street stairway, and a foreman had locked the door to the Washington Street stairway. The foreman who had the key had already escaped by another route. Many employees escaped by going up the Greene Street stairway to the roof of the building. Other employees were able to escape in the elevators while they were still functioning.

After three minutes, the Greene Street stairway was unusable in both directions. An exterior fire escape twisted and collapsed from an overload of escaping employees, dropping victims 100 feet to their deaths. The elevators became unusable when the heat of the fire warped the rails, and victims jumped down the elevator shaft, piling up on top of the elevator car. Sixty-two people jumped or fell to their deaths from the burning building.

The rest of the victims were overcome by smoke and fire waiting for rescue. While the fire department arrived quickly, there were no ladders available that would reach above the sixth floor, and firefighters were unable to extinguish the blaze to enter the building.

Six victims remained unidentified until 2011.

The owners of the company, Max Blanck and Isaac Harris, were indicted on charges of first and second degree manslaughter, and their trial began on December 4, 1911. The jury acquitted the two men, in part because the prosecution failed to prove the owners knew the exit doors were locked at the time of the fire. In a subsequent civil suit against Blanck and Harris by survivors and the families of the victims, a jury awarded $75 per casualty. Amazingly, in 1913, Blanck was again arrested for locking the doors of his factory during working hours, and was fined $20.

Public outcry after this preventable tragedy spurred on the efforts of the labor movement, and was the catalyst for many pieces of legislation protecting the rights, health, and welfare of workers. New York City and New York State, over the next few years, adopted the country's strongest worker safety protection laws. Initially addressing fire safety, these laws eventually became model legislation for the rest of the country and state after stated enacted much more strict worker safety laws.

The Minnesota Department of Labor and Industry was established as the Labor Statistics Bureau in 1887 to protect the rights of working people through the administration and enforcement of laws, rules, and regulations to foster safe and healthful working environments; to insure adequate compensation for work performed; to assist victims of occupational injury and illness; and to license and inspect establishments that use boilers and steam equipment. The department was known as the Labor, Industry and Commerce Bureau from 1907 to 1913 and then it became an official Minnesota state department and renamed the Labor and Industries Department. In 1913, Minnesota legislature passed the first workers’ compensation law. In 1925, the Labor and Industries Department became the Department of Labor and Industry.

If you’ve sustained a work-related injury in Minnesota, you may be entitled to workers’ compensation benefits. For a free, no-obligation consultation to learn about the workers’ compensation benefits you may be entitled to, contact Meuser & Associate at 877-746-5680 or click here to send us an email.

Visit our website at MeuserLaw.com!