Notifying your employer that you sustained an injury, and filing a Minnesota workers’ compensation claim when you’re hurt at work are two important first steps. If you’ve sustained a serious injury, however, one of your next steps should be to contact a good Minnesota workers’ compensation lawyer.
While your employer and co-workers may genuinely care about your recover from a work-related injury, to the workers’ compensation insurance company, you are a liability. From day one, the workers’ compensation insurance company is closely looking at how much your injury is going to cost them, and that means that they are also looking for ways to minimize their costs.
In cases involving significant injury, extended time off work, or substantial medical expense, the workers’ compensation insurance company is going to be looking for ways to cut costs. That can be anything from sending you to an IME, denying your entitlement to medical treatment, or cutting off your wage loss benefits. Unfortunately, there are certain procedures within the Minnesota workers’ compensation system that an insurance company can use to basically set you up to make a mistake on your claim, and give them a legal basis to deny portions of your claim.
Minnesota workers’ compensation insurance adjusters know the workers’ compensation rules. Do you? Don’t rely on the adjuster to tell you what your rights are. In fact, they are not legally obligated to tell you what your rights are. The best way you can level the playing field is to have a good Minnesota workers’ compensation attorney on your side through the process.
A good Minnesota workers’ compensation lawyer can help you avoid making mistakes that will cost you benefits, they can help protect you if the insurance company tries to deny your benefits, and in most cases, a workers’ compensation lawyer can help you get a fair settlement for your claim.
In Minnesota, workers’ compensation attorney fees are contingent, meaning that the fees are based on the amount your attorney recovers on your behalf. It also means there are no fees if your attorney is unable to recover benefits on your behalf. These fees are set by Minnesota statute at 25% of the first $4,000 in benefits, and 20% thereafter, up to a maximum of $13,000 in attorney fees per injury. In certain complex cases, your attorney may petition the court to approve fees in excess of $13,000. In cases involving disputes primarily dealing with your right to medical expense benefits or rehabilitation benefits, the insurance company is responsible for paying your attorney fees called Roraff or Heaton attorney fees.
As a Minnesota worker, you have the right to a safe workplace. If you do sustain an on-the-job injury in Minnesota, make sure you receive the workers’ compensation benefits you’re entitled to.
At Meuser & Associate, we have the knowledge and experience to protect your workers’ compensation rights from the first day you are injured. For a free, no-obligation case evaluation, contact us at 877-746-5680, or click here to send us an email.
Wednesday, December 21, 2011
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