Minnesota Workers' Compensation Blog by Jennifer Yackley of Meuser & Associate

Medical Mileage Reimbursement for MN Workers’ Compensation Injuries

2012-02-01T08:00:00.000-06:00

One of the workers’ compensation benefits provided to injured workers in Minnesota is reimbursement for medical mileage.

This is also one of the most frequently overlooked benefits. If you don’t submit your medical mileage to the insurer for reimbursement, they aren’t going to pay it.

The current medical mileage reimbursement rate for travel for medical care or treatment for a work-related injury, on or after July 1, 2011 is 55 ½ cents per mile. If you’re traveling back and forth to multiple doctor appointments, chiropractor visits, or physical therapy, your claim for medical mileage reimbursement, your mileage reimbursement claim can really add up.

The most challenging aspect to making a claim for medical mileage reimbursement is remembering to keep track of your round trip mileage to and from your appointments, and remembering to periodically submit your mileage to the workers’ compensation insurer for reimbursement.

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

I Received a PPD Payment, Is My Case Closed? Minnesota Workers’ Compensation Permanent Partial Disability

2012-01-31T08:00:00.000-06:00

I get calls from injured workers in Minnesota a couple times a month who’ve received a check in the mail from the workers’ compensation insurance company and a Notice of Benefit Payment which indicates that they’re receiving payment for Permanent Partial Disability (PPD) benefits.These folks often have questions about what exactly this payment is for, and how it may affect their rights.

Usually, the permanent partial disability (PPD) payment is based on a rating that your doctor assigned to your permanent injury. In some cases, insurance companies pay a minimum amount of permanent partial disability benefits if there’s a question as to whether the injured worker may be eligible for a higher rating.

Receiving a permanent partial disability (PPD) payment on a Minnesota workers’ compensation case does not mean that your case is settled or closed. Cashing your PPD payment does not mean that you’ve accepted a settlement, or agreed to close your case.

Many workers who receive a PPD payment are eligible for additional workers’ compensation benefits.When I speak with injured workers who have questions about a PPD payment they’ve received, I typically try to evaluate:

Whether the amount of PPD is correct.
Whether a maximum medical improvement (MMI) determination is premature.
And, whether they may be eligible for additional workers’ compensation benefits.

A while back, I met with an injured worker for an initial consultation. He had a couple back injuries over the years, and had undergone back surgery. He had been off work due to his back problems for a couple years, which had resulted in progressively worsening neurological problems in one of his legs. He told me that he had settled the monetary benefits on his back injury claims. In the meantime, we decided to pursue a claim for payment of his outstanding medical expenses.

As part of investigation his claim, I obtained copies of his workers’ compensation file from the Department of Labor and Industry. While I found documentation that this gentleman had been paid permanent partial disability benefits for some of his back injuries, I couldn’t locate any documentation of any settlements. The attorneys for the insurance companies involved were also unable to locate any documentation of any settlements. I realized that this gentlemen ASSUMED that he had settled his cases because he had received permanent partial disability payments for his injuries.

In fact, because he hadn’t settled his cases, this gentleman has a substantial claim for wage loss benefits, in addition to his claims for payment of his medical expenses.

The moral of the story is that a permanent partial disability (PPD) payment on a Minnesota workers’ compensation case is not a settlement or a close out of other claims.

If you’ve received a permanent partial disability (PPD) payment on your Minnesota workers’ compensation case, a workers’ compensation attorney can evaluate whether the payment is appropriate and whether or not you have additional workers’ compensation claims. For a free, no-obligation Minnesota workers’ compensation case consultation, call Meuser & Associate at 877-746-5680 or click here to send us an email.

Do I Need A Minnesota Workers’ Compensation Lawyer?

2012-01-30T08:00:00.000-06:00

If you’re injured on the job in Minnesota, in most instances, you are covered by workers’ compensation insurance which provides medical expense benefits, wage loss benefits, permanent partial disability benefits, and/or rehabilitation benefits.

In an ideal world, all Minnesota workers who are hurt at work would automatically get all the benefits they are entitled to under the law. Unfortunately, in most Minnesota workers’ compensation cases, it’s not a matter of IF the workers’ compensation insurer will dispute your claim – it’s a matter of when.

Meuser & Associate represents injured workers thorough the State of Minnesota for a variety of on-the-job injuries, including neck injuries, back injuries, carpal tunnel syndrome, traumatic brain injuries, shoulder injuries, crush injuries, spinal cord injuries, ankle injuries, burns, and catastrophic injuries.

If the workers’ compensation insurance company is paying on my claim, why do I need a Minnesota workers’ compensation lawyer?

Even injured workers who are currently receiving workers’ compensation benefits are well advised to take advantage of a free, no-obligation consultation with a Minnesota workers’ compensation attorney.

As a rule, once you’ve sustained a work-related injury, you are a liability for your employer and their workers’ compensation insurance company. At all stages of your case, the insurance company is looking for ways to minimize the cost of your claim. Even on admitted workers’ compensation claims in Minnesota, where the insurance company has acknowledged responsibility for payment of benefits, there are dozens of ways they can seek to cut you off, undermine your rights, and minimize your entitlement to claims.

For example, workers’ compensation insurance companies often:

Contest everything about your case, including the reasonableness and necessity of your medical care, your entitlement to wage loss benefits, or even whether or not you were actually hurt at work.
If given the opportunity, refer you to a short list of doctors who will minimize the seriousness of your injuries, provide minimal medical care, or push you to return to unrestricted work too soon.
Delay or deny your access to treatment with a specialist, diagnostic testing, or surgery.
Cut off your wage loss benefits in the hopes that the delay in your receipt of monetary benefits will “starve you out” and force you to accept a settlement for pennies on the dollar.
Underpay on wage loss benefits or permanent partial disability benefits, either intentionally or unintentionally.
Neglect to tell you about your right to rehabilitation benefits, or permanent partial disability benefits.
Wait for you to make a mistake on your claim that will give them a basis to cut you off.

Even loyal, hardworking employees who have worked for the same employer for years, sometimes discover a dramatic change in attitude in their supervisors if they’ve sustained a work-related injury.

If you’ve suffered a serious work-related injury, everything you’ve worked for can be at risk, including your financial security, your career, and most importantly, your health. A good Minnesota workers’ compensation lawyer can help you navigate the process and help you protect your rights.

An injured worker should never rely on the workers’ compensation insurance company to protect his or her best interests. Being informed about your Minnesota workers’ compensation rights is your first step to protecting your interests. For a free, no-obligation workers’ compensation consultation to learn more about your rights, call Meuser & Associate at 877-746-5680 or click here to send us an email.

Treatment for Burn Injuries

2012-01-29T08:00:00.000-06:00

Severe burn injuries caused by car accidents or workplace accidents, often require hospitalization. Burn injuries are treated with a variety of types of treatment. For example, treatment may include:

Topical treatments with antibiotics. Patients with severe burn injuries are susceptible to viral and bacterial infections. Topical antibiotic medications may be applied to the skin to speed the healing process, to minimize scarring, and to prevent infection.
Bandages. Serious burns typically need to be bandaged to prevent infection, and to allow the wound to remain clear of fluids and pus. Bandages also help reduce pain and keep the skin and body part immobilized during healing.
Pressure garments. Pressure garments are often worn on a burned area during the healing process to help prevent excessive scarring.
Elevating burned areas. Elevation helps minimize swelling of the affected limb. In severe burns, fluid often accumulates in the wounded area, causing swelling. Swelling can complicate a burn injury because the affected area can develop high levels of pressure and blood flow problems.
Surgical cuts or escharectomies. This procedure helps reduce excess pressure under the skin in a burned limb.
Skin grafts. This procedure involves transplanting a piece of skin from one area of the body to another.
Synthetic skin grafts. If a large portion of a victim’s skin is burned, synthetic skin may be used instead of the victim’s own skin.
Physical therapy. During healing, scar tissue is formed. To help keep the newly formed skin flexible for normal movement, burn victims may participate in rehabilitation and physical therapy. If the burn extends through the skin into the muscle tissue, more intensive physical therapy may assist in a patient’s recovery.
Dermabrasion. This is a surgical procedure to improve or minimize the appearance of scars, restore function and correct disfigurements as a result of a burn.

If you’ve suffered burns as a result of a motor vehicle accident, in Minnesota, your auto insurance company is obligated to pay for up to $20,000.00 for your medical expenses. These are known as personal injury protection benefits. In addition to claims for your past and future medical expenses, you may be able to make a claim for past and future wage loss and past and future pain and suffering as part of a civil liability claim against the at-fault driver.

If you suffered burn injuries as the result of a workplace accident, you may be eligible for Minnesota workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and rehabilitation benefits.

If you’ve suffered a burn injury as the result of a car accident or workplace injury, a Minnesota personal injury lawyer or workers’ compensation lawyer can help you through the process of making sure you get the benefits you’re entitled to. For a free, no-obligation consultation, contact Meuser & Associate at 877-746-5680 or click here to send us an email.

Preventing Work-Related Back Injuries

2012-01-28T08:00:00.000-06:00

Back injuries are the most common work-related injuries we see in our Minnesota workers’ compensation law practice. According to the Bureau of Labor Statistics, back injuries account for 1 in 5 workplace injuries/illnesses. Back injuries are painful and debilitating. After you’ve sustained a back injury, you’re more likely to suffer a re-occurrence or re-injury of your back in the future.

Risk factors for back injuries include:

Improper lifting or lifting objects that are too heavy.
Repetitive motions that lead to muscle fatigue and injury or gradual wear and tear.
Poor posture while sitting, standing, or performing job activities.
Stress, which can lead to muscle tension and back pain.
Age-related wear and tear.
Excess weight, which puts extra strain on the back.
Presence of other diseases, such as arthritis or degenerative disc disease.
Cigarette smoking which increases the risk of low back pain and slows healing of injuries.

Preventing work-related back injuries involves taking simple precautions. For example:

Learning and using safe lifting techniques.
Using mechanical lifting aids when possible.
Improving posture while sitting, standing, or performing work activities.
Using ergonomically-appropriate chairs, equipment, and materials to avoid awkward postures and reaching.
Changing positions frequently.
Taking mini-breaks, especially while performing repetitive tasks.
Minimizing bending and reaching.
Managing and reducing stress.
Maintaining a healthy weight.
Improving overall wellness by eating well, sleeping enough, and getting regular exercise.
Adopting an exercise routine focusing on strengthening the back and abdominal muscles.

If you hurt your back at work in Minnesota, you may be eligible for workers’ compensation benefits, including wage loss benefits, medical expense benefits, permanent partial disability benefits, and/or rehabilitation benefits. Don’t let an on-the-job back injury ruin your health or your career. For a free, no-obligation Minnesota workers’ compensation case consultation, contact Meuser & Associate at 877-746-5680 or click here to send us an email.

Does MN PERA Cover PTSD and Other Psychological Conditions?

2012-01-27T08:00:00.000-06:00

I spoke with a Minnesota police officer recently who asked me whether or not Post-Traumatic Stress Disorder (PTSD) was covered for Public Employees Retirement Association (PERA) Police and Fire Plan Duty Disability Benefits.

I explained that, yes, psychological conditions are specifically enumerated under the PERA Duty Disability statute, meaning that they are specifically covered. This police officer had been involved in some extremely high-stress incidents in the last few years, and had started to exhibit symptoms consistent with Post-Traumatic Stress Disorder (PTSD). His doctors are telling him that he can no longer work in law enforcement due to his condition. He was obviously concerned about what his options were in the event that he could not continue working as a police officer.

Interestingly, before calling me, he had talked to “some people” who told him that psychological conditions weren’t covered by PERA. First off, I’m glad he called. If he had relied on what “some people” told him, he wouldn’t be aware that he’s eligible for 60% of his high-five salary, tax free, through age 55, plus continued health insurance through his employer. These benefits are potentially worth hundreds of thousands of dollars to him.

Police officers and firefighters in Minnesota who are covered under the Public Employees Retirement Association (PERA) Police and Fire Plan are eligible for disability benefits in the event that they are unable to perform their normal duties.There are two basic types of disability benefits under the PERA Police and Fire Plan: Duty and Regular.

Duty disability benefits. Duty disability pays at a basic rate of 60% of police officer or firefighter’s average high-five. Qualification for duty disability also entitles a police officer or firefighter to continued health insurance under Minn. Stat. § 299A.465.

PERA duty disability is defined as follows:

"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.

Regular disability benefits. Regular disability is paid at a base rate of 45% of a police officer or firefighter’s high-five salary. Individuals who qualify for regular disability are not eligible for health care continuation under Minn. Stat. § 299A.465.

PERA regular disability is defined as follows:

"Regular 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 which results from a disease or an injury that arises from any activities while not at work, or while at work and performing those normal or less frequent duties that do not present inherent dangers that are specific to the occupations covered by the public employees police and fire plan.

Unfortunately, police officers have a high incidence of Post-Traumatic Stress Disorder (PTSD) as the result of experiencing disturbing, dangerous, and traumatic situations. Due in large part to increased awareness about the psychological effects of dealing with traumatic and stressful situations, more and more Minnesota police officers are seeking treatment for Post-Traumatic Stress Disorder.

If you’re a Minnesota police officer who is suffering from Post-Traumatic Stress Disorder as a result of experiencing traumatic incidents in the line of duty, and you cannot return to work in law enforcement due to your condition, you may be eligible for PERA duty disability benefits.

Don’t rely on “some people” to give you legal advice about your rights to hundreds of thousands of dollars’ worth of benefits PERA disability benefits. Speak with a PERA lawyer about your rights. There’s simply too much at stake to risk trying to figure it out on your own, or to risk depending on the advice of “some people.”

Meuser & Associate has represented dozens of police officers and firefighters throughout the State of Minnesota in conjunction with claims for PERA disability benefits. We’ve also successfully secured PERA duty disability benefits on behalf of a number of police officers suffering from Post-Traumatic Stress Disorder (PTSD) as a result of in-the-line of duty psychological trauma. For a free, no-obligation legal consultation to learn about your rights, call Meuser & Associate at 877-746-5680 or click here to send us an email to schedule an appointment with Jen or Ron.

Choose Your Own QRC: MN Work Comp. Qualified Rehabilitation Consultants

2012-01-26T08:00:00.000-06:00

In Minnesota, if you are having difficulty performing your job duties because of your work injury, or if your employer has terminated you or laid you off because there is no work within your restrictions, you may be eligible for the assistance of a Qualified Rehabilitation Consultant (QRC).

If you are injured on the job, you have the right to request a consultation with a QRC at any time. After your consultation, the QRC will determine if you are a “qualified employee,” which means

"anemployee 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, your 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.

You have the right to choose your own QRC! The QRC you choose can have a significant impact on your case.

Qualified Rehabilitation Consultants are licensed in the state of Minnesota to provide vocational rehabilitation services to injured workers. While QRC’s are supposed to work in the interests of both the employee and the employer, some QRC’s are not exactly “independent.”

If an insurance company assigns you a QRC, there’s a good possibility that if push comes to shove, your insurance-company-assigned QRC is not going to be looking out for your interests.Even if you’ve met with a QRC the insurance company assigned to you, and you’ve signed a Rehabilitation Plan (R-2) in Minnesota, you have the right to change QRC’s within 60 days without having to seek approval from the workers’ compensation insurance company.

If you feel like your QRC is minimizing your injuries, if you feel like your QRC is pushing your doctor to return you to work too early, or if you feel like your QRC is pressuring your doctor to decrease or remove your restrictions, you may want to consider changing QRC’s.

After 60 days have passed, it gets more difficult to change QRC’s. After that point, you must have pre-approval from your workers’ compensation insurer, or you must get a decision from the Department of Labor and Industry or a Workers’ Compensation Judge in order to switch. You must show that a change in QRC’s is in the best interests of both parties.

If you’ve been contacted by a QRC that’s been assigned to you by your employer or their insurance company, it’s a good idea to speak with a Minnesota workers’ compensation lawyer before agreeing to that QRC. For a free, no-obligation workers’ compensation case consultation, call Meuser & Associate at 877-746-5680 or click here to send us an email.

More TTD Means TPD More Likely: MN Workers’ Comp. Wage Loss

2012-01-25T08:00:00.000-06:00

According to an analysis done by the MN Department of Labor and Industry, workers who receive Temporary Total Disability (TTD) benefits for an extended period are more likely to be eligible for Temporary Partial Disability (TPD) benefits once they return to work.

Temporary Total Disability (TTD) benefits are available to injured workers if they are completely restricted from working, or if they are unable to return to their date-of-injury employer as a result of their injuries, and they are conducting a diligent job search. These benefits are currently available for a maximum of 130 weeks at a rate of 2/3 of the workers’ average weekly wage (AWW) at the time of the injury, capped at a maximum of $850.00 per week. If the employee has reached maximum medical improvement (MMI), entitlement to TTD ceases 90 days after reaching MMI.

Temporary Partial Disability (TPD) benefits are available to injured workers who are able to return to work at a reduced wage due to their work-related injury or illness. TPD benefits are available for a maximum of 225 weeks, but for no more than 450 weeks after the date of injury. TPD benefits are paid at a rate of 2/3 of the difference between the workers’ average weekly wage (AWW) and their reduced earnings.

The Department of Labor and Industry determined that the overall percentage of injured workers with wage loss benefits who receive TPD benefits has stayed at about 29 percent. For injuries between 2003 and 2008, the percentage of indemnity claims with TPD benefits increases with the duration of TTD benefits, leveling off at about 55 percent for claims with more than six month of TTD benefits.

In plain language, what this means it that the longer an injured worker receives temporary total disability (TTD) benefits, the more likely it is that he or she will be eligible for temporary partial disability (TPD) benefits.

In our Minnesota workers' compensation practice, we see many claims where an injured worker with permanent restrictions returned to work, possibly with minimal or no wage loss, and then subsequently lost that job, or had to take a lower paying job due to his or her injuries. In many of these cases, the injured worker was never told they were eligible for additional TPD benefits.

For a free, no-obligation workers' compensation case evaluation, contact Meuser & Associate at 877-746-5680, or click here to send us an email to schedule an appointment with one of our attorneys.

Causes of Carpal Tunnel Syndrome and MN Workers' Comp.

2012-01-24T08:00:00.000-06:00

Carpal tunnel syndrome is one of the most common work-related injuries we see in our Minnesota workers’ compensation law practice. Carpal tunnel syndrome is not only painful, but it can interfere with your ability to do your job.

If your work activities substantially contributed to your development of carpal tunnel syndrome, you may be eligible for Minnesota workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and rehabilitation benefits.

In Minnesota, when carpal tunnel syndrome is caused by a worker’s day-to-day activities, or where it develops over time as a result of an employee’s work, it is known as a repetitive motion injury, or a Gillette-type injury.

Unfortunately, workers’ compensation cases involving carpal tunnel syndrome are also very commonly disputed by workers’ compensation insurance companies. Rather than acknowledging that your work activities contributed to the development of your condition, the workers’ compensation insurance company will usually try to point to some other cause, such as obesity, diabetes, or no cause at all.

In fact I’ve seen a number of independent medical examiners simply conclude that females over the age of 40 are more likely to develop carpal tunnel syndrome, and that therefore, the workers’ job activities are not a substantial contributing factor to her carpal tunnel syndrome.

Carpal tunnel syndrome occurs when there is pressure on the median nerve as it passes through the carpal tunnel in your wrist. This pressure causes sensations of tingling, numbness, pain, and/or weakness in parts of your hand.

Things that can contribute to the development of carpal tunnel syndrome include:

Repetitive or forceful hand and wrist movements that cause the membranes surrounding the tendons to swell putting pressure on the median nerve.
Work that requires awkward positioning of the hands or wrists for long periods can also put pressure on the median nerve or cause swelling of the tendons.
Work activities that cause hand-arm vibration for long periods can contribute to carpal tunnel syndrome.
Broken wrist bones, dislocated bones, new bone growth or bone spurs can put pressure on the median nerve.
Conditions or illnesses that cause swelling in the joints and soft tissues, or restricted blood flow to the hands, such as obesity, rheumatoid arthritis, gout, diabetes, lupus, or hypothyroidism can result in pressure on the median nerve.
Buildup of fluid, or edema, in the carpal tunnel, caused by pregnancy or conditions such as rheumatoid arthritis or diabetes, can put extra pressure on the median nerve.
Smoking may contribute to carpal tunnel syndrome by affecting blood flow to the median nerve.

If you’ve developed carpal tunnel syndrome as a result of your work activities, a Minnesota workers’ compensation lawyer can help protect your rights. For a free no-obligation case consultation call Meuser & Associate at 877-746-5680 or click here to send us an email.

Pre-Existing Conditions and MN Workers’ Compensation

2012-01-23T08:00:00.000-06:00

In Minnesota, if you re-injure or aggravate a pre-existing condition, it is covered by workers’ compensation. A person’s work activities or work injury need only be a substantial contributing factor to his or her current condition for it to be compensable under Minnesota workers’ compensation law.

While an employer is not obligated to cover a worker’s personal health, that employer take employees as they find them with whatever health conditions they bring to the job. Employers in Minnesota assume the risk that an employee’s non-work related pre-existing condition may be aggravated by a work injury or work activity.

In Minnesota, in order to be compensable workers’ compensation claim, it is not necessary that a work injury or an employees work activities be the only cause of the condition for which workers’ compensation benefits are sought. The work activities or the work injury need only be a substantial contributing factor to the cause aggravation or acceleration of a pre-existing condition.

In Vanda v. Minnesota Mining & Manufacturing Co., 27 W.C.D. 379, 218 N.W.2d 458 (1974), the Court explained that:

"[W]hen the usual tasks ordinary to an employee’s work substantially aggravate, accelerate, or combine with a pre-existing disease or latent condition to produce a disability, the entire disability is compensable, no apportionment being made on the basis of relative causal contribution of the pre-existing condition and the work activities."

A judge will consider several factors in determining whether an aggravation of a pre-existing condition is temporary or permanent, including (1) the nature and severity of the pre-existing condition and the extent of restrictions and disability resulting therefrom; (2) the nature of the symptoms and extent of medical treatment prior to the aggravating incident; (3) the nature and severity of the aggravating incident and the extent of the restrictions and disability resulting therefrom; (4) the nature of the symptoms and extent of medical treatment following the aggravating incident; (5) the nature and extent of the employee’s work duties and non-work activities during the relevant period; and (6) medical opinions on the issue.

Denials and disputes based on an actual or alleged pre-existing condition are some of the most common disputes we see in our Minnesota workers’ compensation law practice. For most workers hurt on the job, if there is any suggestion or evidence of a pre-existing condition, there is a strong probability that the workers’ compensation insurance company will deny or dispute the workers’ compensation claim. We fight these issues on a regular basis, and we win these fights on a regular basis. The key is having solid medical evidence evaluating the factors listed above.

I’ve seen workers’ compensation insurers deny a back injury claim based on the fact that the worker had a minor back injury 20 years ago. I’ve seen IME doctors characterize a disc herniation as “degenerative” and argue that it pre-dated the injury, even if the worker never had any back pain or medical care prior to the injury. I’ve seen a workers’ compensation back injury claim disputed because the worker had gone to a chiropractor a few times a couple years prior to the injury. I’ve seen a knee injury claim denied because an MRI revealed evidence of degenerative changes in addition to the claimed injury. Just because the insurance company says your injury is not covered, does not mean they’re right!

In Minnesota workers’ compensation cases involving an actual or an alleged pre-existing condition, disputes with the workers’ compensation insurance company are almost inevitable. For a free, no-obligation Minnesota workers’ compensation case evaluation, call Meuser & Associate at 877-746-5680 or click here to send us an email.

The Aging Workforce and Minnesota Workers’ Compensation

2012-01-22T08:00:00.000-06:00

It is projected that in 2012, 19.1% of the workforce will be 55 years old and older, and will include more than 21 million workers. Many older workers are working longer and delaying retirement because they enjoy their jobs, and want to continue working. In these tough economic times, however, many older workers are forced to keep working due to their financial circumstances.

While studies show that older workers incur fewer on the job injuries than younger employees, older workers generally suffer more severe work injuries. This is due, in part, because older workers typically have decreased physical abilities than younger workers, they tend to have more degenerative-type injuries or conditions, and they typically take longer to heal than younger workers.

Older workers tend to be at greater risk for knee problems, rotator cuff conditions, and carpal tunnel syndrome, as well as degenerative conditions of the neck and back. Workplace risk factors increase the likelihood of these types of injuries, including work positions that require kneeling and squatting, work positions requiring lifting over the shoulders, job duties requiring heavy lifting, work equipment that requires awkward positioning of body parts, and job duties that require bending for prolonged periods.

Older workers often face additional legal battles over their Minnesota workers’ compensation claims. Specifically, older worker claims are more frequently denied on the basis that their condition is pre-existing. Older workers are also frequently denied wage loss benefits based on the argument that the worker “retired.”

Some types of injuries and conditions tend to develop over a long period of time, as a result of gradual wear and tear. These types of conditions are often described as “degenerative.” Injuries that develop over a long period of time, which are substantially caused by an individual’s work activities are generally referred to as repetitive motion injuries or Gillette-type injures. Even where a worker has an underlying condition that is not work-related, if that condition is aggravated or accelerated by that individual’s work activities, it is still an injury that is covered by workers’ compensation. Unfortunately, workers’ compensation insurance companies very commonly deny these claims on the grounds that the condition is pre-existing. Just because the insurance company says your condition is pre-existing doesn’t mean they’re right!

Even where an older worker has sustained an injury, and the workers’ compensation insurance company has accepted responsibility for the injury, the insurer often refuses to pay wage loss benefits if the worker cannot return to work. The workers’ compensation insurer often argues that the worker “retired,” and withdrew from the labor market, and that they are not responsible for wage loss benefits. This is particularly common in cases where the worker is close to retirement age, or if the worker accepts a pension or retirement package from the employer. More often than not, however, that injured worker would have kept working had they not been hurt on the job. In that case, usually the injured worker will be eligible for wage loss benefits. Just because the insurance company says you retired, doesn’t mean they’re right!

If you’ve sustained a work injury, and you’re over the age of 55, you may face additional difficulties in securing all of the Minnesota workers’ compensation benefits you’re entitled to. Learn about your rights! For a free, no-obligation case consultation, call Meuser & Associate at 877-746-5680 or click here to send us an email to schedule a time to speak with one of our Minnesota workers’ compensation lawyers.

Cold Weather Work Safety

2012-01-21T08:00:00.000-06:00

Up until recently, winter has been unseasonably warm here in Minnesota (not that I’m complaining). That being said, temperatures have now been in the low teens, and we’re in for even colder weather.

We Minnesotans think of ourselves as a hardy breed of people who are able to tolerate the cold, but even the hardiest among us still need to take measures to stay warm and safe during cold winter weather. Minnesota workers who have to work outside in these temperatures should be mindful of the hazards of cold weather work, and they should be aware of ways to keep themselves safe and healthy when working outdoors.

Cold stress can occur when the body is unable to warm itself, and it can lead to tissue damage and possibly even death. Factors that contribute to cold stress include: 1) cold air temperatures, 2) high velocity air movement, 3) dampness of the air, and 4) contact with cold water or surfaces. A cold environment forces the body to work harder to maintain its temperature. Below-freezing temperatures can cause cold stress, but even higher temperatures, combined with wind or moisture, can cause cold stress. The most common injuries and illnesses that occur due to cold stress are hypothermia, frostbite, and trench foot.

Hypothermia

Hypothermia occurs when body heat is lost faster than it can be replaced. Symptoms begin with shivering and feet stomping in an attempt to generate heat. Workers may begin to lose coordination, experience slurred speech, and fumble with hand tools. Skin becomes cold and pale. As body temperature drops, symptoms will worsen and shivering stops. If body temperature drops below 85°F, severe hypothermia will develop, and the person may lose consciousness. At 78°F, death can occur. Medical treatment depends on the severity of the hypothermia.

Frostbite

Frostbite occurs when the skin freezes and loses water. Frostbite usually affects the extremities, including fingers, toes, and hands and feet. Exposed areas of the face can also be affected. The affected body part will be cold, tingling, stinging, or aching, followed by numbness. The skin turns red in color, then purple, then white, and is cold to the touch. In severe cases, blisters may develop. Amputation may be required in cases of severe frostbite.

Trench Foot

Trench foot, also known as immersion foot, is caused when feet are immersed in cold water at cold temperatures for long periods of time. It is similar to frostbite, but usually less severe. Symptoms include tingling, itching or burning.

Minnesota workers exposed to cold weather should take the following precautions to avoid illness or injury:

Wear at least three layers of clothing. Wear an outer layer, such as Gortex, to break the wind. Wear a middle layer of down or wool to absorb sweat and provide insulation. Wear an inner layer of cotton or synthetic weave to allow ventilation.
Wear a hat. Significant amounts of heat escape from the head.
Keep an extra change of clothing. If work clothes become wet, change into dry clothes.
Wear loose clothing. Loose clothing allows better ventilation than tight clothing.
Don’t over-do it. Drink plenty of water to avoid dehydration. Work during warmer parts of the day if possible. Take frequent breaks out of the cold. Work in pairs. Avoid fatigue. Eat warm, high calorie food.

Cold injuries that require medical attention are covered under Minnesota workers’ compensation. If you’ve sustained a cold injury that resulted in medical attention, you may be eligible for medical expense benefits. If you miss work as a result of a cold injury, you may be entitled to wage loss benefits. If you sustain a permanent injury as a result of cold exposure, you may be eligible for permanent partial disability benefits. If you can no longer do your regular job as the result of a cold injury or illness, you may be eligible for rehabilitation and/or retraining benefits.

If you’ve sustained an on-the-job cold injury in Minnesota, you may be eligible for workers’ compensation benefits. For a free, no-obligation workers’ compensation case consultation, call at Meuser & Associate at 877-746-5680 or click here to send us an email.

Work Restrictions and Minnesota Workers’ Compensation FAQ’s

2012-01-20T08:00:00.000-06:00

If you’ve sustained an on-the-job injury in Minnesota, and your doctor has advised you to limit or restrict your work and/or leisure activities, these limitations are referred to as work restrictions.

Your doctor may provide you with a workability report documenting your limitations, or may tell you to avoid doing certain activities. If you have concerns about your ability to perform your normal job activities following a work injury, it is critical that you discuss these concerns with your doctor. If your doctor tells you to restrict your work activities, you need to have your doctor provide you with a note or workability form documenting your limitations. Documentation of your work limitations must be provided to your employer. Whether an injured worker has work restrictions or not is a major factor in a Minnesota workers’ compensation case. Injured workers who have work restrictions often have questions, including:

What if I can’t do my job because of my restrictions?

If you can’t perform your normal job duties, your employer may provide you with light duty work, may make accommodations to your job duties to meet your restrictions, or they may give you an alternative assignment that is within your limitations. If your employer cannot accommodate your restrictions, and as a result, you can’t work at your regular job, you may be entitled to wage loss benefits and/or rehabilitation benefits.

I’m afraid to tell my supervisor that I have restrictions because I don’t want to lose my job, what should I do?

If you are injured at work in Minnesota, you’re required to provide documentation of any work restrictions to your employer. Failure to do so can hurt your legal rights. More importantly, however, if you continue to work outside your restrictions, you may make your injury worse. Your employer cannot fire you for having work restrictions.

My employer won’t let me come back to work unless I’m 100% cleared for duty, what should I do?

If your employer cannot provide you with light duty work and you have work restrictions because of an on-the-job injury, the workers’ compensation insurance company should be paying you wage loss benefits while you’re off work. You may also be entitled to rehabilitation assistance from a Qualified Rehabilitation Consultant. Don’t let your employer pressure you into being released to full duty before you’re ready. Returning to full-duty work before you’re physically ready to do so can adversely affect your legal rights, and more importantly, it can adversely affect your health.

My employer isn’t following my restrictions. They keep having me do work that’s outside what my doctor says I should be doing, what should I do?

Your employer cannot force you to work outside your physical restrictions, but unfortunately, some employers do it anyway. What an employee should do in this situation is dependent on the circumstances. A Minnesota workers’ compensation lawyer can help you if your employer is forcing you to perform duties that are outside your restrictions.

I’m working light duty, but I’m still having trouble doing some of my job duties even though they’re within my doctor’s restrictions, what should I do?

You should discuss the situation with the doctor and explain the job duties that are causing your problems. If appropriate, your doctor may clarify or adjust your restrictions to help you avoid those job activities that are causing you difficulty.

My restrictions are now permanent. My employer can’t provide me with a permanent light duty job. What should I do?

If you not able to return to your former employment because you have permanent restrictions as a result of a work injury, you may be eligible for wage loss benefits while you look for a new, physically suitable job. You may also be eligible for the assistance of a Qualified Rehabilitation Consultation who can provide vocational rehabilitation services or help you with a retraining plan to help you find a new, physically and economically suitable job.

I don’t have written restrictions – I’ve just been watching what I do at work and avoiding activities that cause me difficulty. Do I need written restrictions?

Written documentation of your work restrictions are ALWAYS, repeat ALWAYS, better than simply just watching what you do at work. If there’s ever a dispute about your ability to do your job, while your testimony about limiting your work activities can be used to support your claim, written documentation of your restrictions is much, much stronger. We’ve seen this situation go awry for countless injured workers. Written work restrictions go a long way towards protecting your legal rights.

My doctor has given me work restrictions, but the insurance company’s independent medical examiner says I can return to work without restrictions. What should I do?

You should speak with a Minnesota workers’ compensation attorney. If your claim has not already been denied, it will be soon. That being said, what an injured worker should do in this situation is largely based on the circumstances, and a workers’ compensation lawyer can instruct you on the best course of action. In some circumstances, the injured worker should continue to follow his or her doctor’s orders. In some circumstances, it may be appropriate for the injured worker to try to return to work and see how it goes. In some circumstances, it may be appropriate for the injured worker to undergo a Functional Capacity Evaluation (FCE) to get an objective measure of that worker’s limitations.

I have work restrictions due to an on-the-job injury, and I'm being laid off. Am I eligible for benefits?

In many cases, yes! Workers' compensation insurance companies often fail to tell injured workers who have restrictions, and who are laid off, that they may be eligible for wage loss benefits and/or rehabilitation benefits in the event that they are laid off or terminated. Speak with a Minnesota workers' compensation attorney to help you get the benefits you're entitled to.

I have a work injury and work restrictions, and my employer says I was terminated "for cause." What should I do?

You should contact a Minnesota workers' compensation lawyer. While Minnesota law prevents employers from terminating an employee in retaliation for filing a workers' compensation claim, unfortunately we see cases on a regular basis where an injured worker who is under restrictions suddenly becomes targeted for write-ups, discipline, and termination, after they're been hurt. Termination for misconduct can be a basis for denial of benefits in some workers' compensation cases. That being said, "termination for cause," is not the same thing as "termination for misconduct." Even when an injured worker with work restrictions has been terminated for misconduct, he or she may be entitled to wage loss and/or rehabilitation benefits.

If you have questions about your work restrictions, what rights you have if you have work restrictions, or what to do if your employer cannot accommodate your work restrictions, a Minnesota workers’ compensation lawyer can help. Call Meuser & Associate at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation with one of our attorneys.

Younger Workers at Higher Risk for Work Injuries

2012-01-19T08:00:00.000-06:00

According to a study released by the National Institute for Occupational Safety and Health (NIOSH), young employees are almost twice as likely to suffer on-the-job injuries as their older co-workers. An analysis of workplace injuries among young people aged 15-24 between 1998 and 2007 revealed that 8 million young people received medical care for work injuries. Eighteen and nineteen year olds experienced work injuries most frequently.

Contact with objects or equipment was the most common cause of work-related injuries for workers of all age groups, but accounted for a larger portion of injuries among younger workers (49 percent) compared with older workers (40 percent). These injuries often involved the worker being struck by or against an object, being rubbed or abraded by a machine or object, or caught in or crushed by tools, equipment, machinery, parts, or materials.

Workplace fatality rates for younger workers were also twice as high as the rate for older workers. There were a total of 5,719 fatal injuries among workers aged 15 – 24 between the years of 1998 – 2007. Young Hispanic workers suffered fatal injuries far more frequently than black or white young workers. The greatest number of fatal injuries among young workers occurred in the services industries, the construction industries, the wholesale and retail trade sectors, and the agriculture sectors.

The report concluded that “[l]ack of job knowledge, training, and skills might contribute to increased risk among younger workers, who might be less likely to recognize hazards, less likely to speak up regarding safety, and less aware of their legal rights as workers.”

In my own experience as a Minnesota workers’ compensation lawyer, I’ve represented a number of young workers for their workers’ compensation injuries. What I’ve seen time and again, is that young workers who sustain on-the-job injuries are also far less likely to report those injuries, and to seek appropriate medical care than their older counterparts. Unfortunately, young workers who sustain on-the-job injuries are also often taken advantage of by their employers and workers’ compensation insurers, because they’re not aware of their workers’ compensation rights.

Young workers who sustain serious injuries on the job should be mindful of the fact that five years from now, ten years from now, or twenty years from now, those injuries can worsen and become disabling or require significant medical care. If you’re a young person who has sustained a work-related injury, it is extremely important to exercise your workers’ compensation rights to protect your long-term health.

We can help you navigate the complex Minnesota workers’ compensation system and make sure your future interests are protected. For a free, no-obligation case consultation, call Meuser & Associate at 877-746-5680, or click here to send us an email to schedule an appointment with one of our attorneys.

Overtime and MN Workers' Comp. Wage Loss

2012-01-18T08:00:00.000-06:00

For folks who work overtime on a regular basis, missing out on that overtime pay due to a work injury can be a significant hardship. In Minnesota, overtime pay may be taken into account when calculating an injured workers’ average weekly wage.

In Minnesota, the amount of an injured worker’s wage loss benefits is based on that worker’s average weekly wage (AWW) at the time of the injury. If that injured worker worked overtime, and that overtime pay was “regular and frequent throughout the year,” it should be included in the average weekly wage calculations.

Obviously, what “regular” and “frequent” mean is somewhat subject to interpretation. For example, if you worked ½ an hour of overtime once in the 6 months before your injury, it probably shouldn’t be included in calculating your average weekly wage. If, on the other hand, you worked a minimum of hours 10 overtime every week in the 6 months before your injury, that overtime pay should probably be included.

In those cases where overtime isn’t quite so regular, there can be disputes as to whether or not it should be included.

So why is this a big deal?

For folks that worked a substantial amount of overtime prior to their injury, it can mean the difference of hundreds or even thousands of dollars.

For example, if an individual was paid $15.00 per hour and worked 40 hours per week, every week for six months prior to his or her injury, his or her average weekly wage would be $600.00, entitling him or her to temporary total disability (TTD) benefits of $400.00 ($600.00 (x) 2/3) per week, if that individual is off work as a result of a work injury.

If that same individual worked 10 hours of overtime per week, every week, at time-and-a half ($22.50), his or her average weekly wage would be $825.00 ($600.00 + $225.00), entitling him or her to temporary total disability (TTD) benefits of $550.00 ($825.00 (x) 2/3), if that individual is off work as a result of a work injury. That’s an extra $150.00 per week. If that worker is off work for an extended period of time due to a work injury, that extra $150.00 per week makes a huge difference!

The issue of overtime also comes into play when an injured worker who used to regularly work overtime hours cannot work overtime following a work injury due to his or her work restrictions.

Using the same example as above, if the injured worker cannot work overtime due to his or her work injury, he or she is missing out on $225.00 per week in overtime pay, meaning that he or she is probably eligible for temporary partial disability (TPD) benefits.

Since that worker is earning less money as a result of his or her work injury, the workers’ compensation insurer is required to pay 2/3 of the difference between his or her average weekly wage (AWW), and his or her reduced earnings. In this case, that injured worker would be eligible for temporary partial disability (TPD) benefits of $150.00 per week. Over an extended period of time, that can add up to a lot of money!

Unfortunately, insurance companies frequently overlook overtime pay in calculating an injured workers’ average weekly wage (AWW).

Again looking at the example above, if the workers’ compensation insurance company failed to include that workers’ overtime pay in calculating his or her average weekly wage (AWW), he or she would be missing out on an additional $150.00 per week on temporary total disability (TTD) benefits if he or she was completely off work, or an additional $150.00 per week in temporary partial disability (TPD) benefits if he or she was no longer able to work overtime following his or her work injury.

Underpayments of wage loss benefits based on an incorrect average weekly wage (AWW) calculation is one of the most common errors or disputes we see in our Minnesota workers’ compensation practice.

In fact, we regularly sit down with injured workers who are currently receiving workers’ compensation benefits, only to discover that the workers’ compensation insurance company has underpaid them hundreds or thousands of dollars. For a free, no-obligation Minnesota workers’ compensation case evaluation, call Meuser & Associate at 877-746-5680 or click here to send us an email.

Murder and Minnesota Workers' Compensation

2012-01-17T08:00:00.001-06:00

Everyone knows that some jobs are more dangerous than others and that some workers are more likely to get hurt on the job than others. But the risk of being murdered on the job is not something anyone should have to think about.

I was shocked and saddened to read that an 18-year-old woman was murdered in Montevideo, Minnesota on Friday night. I’m originally from Southwest Minnesota near Monte and I have family in Montevideo.

This young woman, who leaves behind an 18-month old son and a fiancée, as well as her parents, was stabbed to death by a 24-year-old co-worker as she left Pizza Ranch after finishing her shift. The initial news reports suggest that the suspect, who had worked with the victim for a year, had become infatuated with the young victim, but the feelings weren’t mutual. Apparently, the suspect was somewhat of a social outcast and the kind-hearted victim had been friendly to him. As a result he started offering to do her chores at work and began giving her cigarettes. It is unclear whether or not the suspect had also been working a shift at Pizza Ranch that night prior to the murder. It is expected that he will be charged with first degree murder.

I extend my deepest sympathies to the family of the young victim.

Dependents of workers who are killed in the course and scope of their employment in Minnesota are eligible for death and dependency benefits, including burial expense benefits of up to $15,000.00, and dependency compensation. Dependents can include: 1) spouses, 2) children under the age of 18, 3) children under the age of 25 who are full-time students, and 4) children over the age of 18 who are deemed to be physically or mentally incapacitated from earning. Other family members, including the deceased workers’ mother, father, grandmother, grandfather, sister, brother, mother-in-law, or father-in-law, may be entitled to workers’ compensation benefits if the family member was wholly or partially supported by the deceased worker.

Thankfully, murder is not an issue that comes up too often in workers’ compensation in Minnesota. That being said, depending on the circumstances, even when a worker is murdered on the job in Minnesota, it may or may not be covered by workers’ compensation.

Minnesota workers’ compensation law sets forth that

"Personal injury does not include an injury caused by the act of a third person or fellow employee intended to injure the employee because of personal reasons and not directed against the employee as an employee, or because of the employment." Minn. Stat. §176.011, Subd. 16.

In plain language what this means is that an employee must show that the injury (or death) caused by a third-party or co-worker was unintentional, or if it was intentional, motivated by the fact that the employee was an employee.

Over the years, the court developed a test, as set forth in Hanson v. Robitshek Schneider Co., 11 W.C.D. 463, 297 N.W. 19 (1941), which divides cases involving intentional acts, including murder, into three categories:

Where the assailant is motivated by personal animosity towards his victim arising from circumstances wholly unconnected to the employment, the employee’s injuries are not compensable under Minnesota workers’ compensation.
Where the assailant was provoked or motivated solely out of the activity of the victim as an employee, the employee’s injuries are covered under Minnesota workers’ compensation.
Where the assault was directed at the victim neither solely due to the employment, nor solely due to personal reasons, these cases are usually compensable.

In the young woman’s case above, because there are indications that the suspect was obsessed with the victim, it is not 100% clear which category this case would fit into. While it might be possible to argue that there are potential defenses to this claim, I would sincerely hope that the workers’ compensation insurance company does the right thing.

How Do I Know If My Employer Has Minnesota Workers’ Compensation Insurance?

2012-01-16T08:00:00.000-06:00

If you are hurt on the job in Minnesota, in most cases, a workers' compensation insurance company pays your workers' compensation benefits.

How Do I Know If My Employer Has Minnesota Workers’ Compensation Insurance?

Employers in Minnesota are required by law to carry Minnesota workers’ compensation insurance to provide benefits to their employees in the event they are injured on the law. If you are injured on the job, your employer is required to complete and file a First Report of Injury. They are required to send this form to their insurance company. They should also provide you with the name and contact information for their insurance company. If your employer refuses to file a First Report of Injury, you can report the injury on your own, or a Minnesota workers’ compensation lawyer can help you file a First Report of Injury.

All Minnesota employers are also legally required to have a poster entitled “Minnesota Workers’ Compensation Employees Rights and Responsibilities,” posted in a conspicuous space. This poster includes a space for the name and phone number of their workers’ compensation insurance company. If your employer does not have a copy of this poster posted in a conspicuous space, you can download and print off a copy from the Minnesota Department of Labor and Industry.

If your employer won’t give you their workers’ compensation insurance information, you can verify if your employer has worker’s compensation insurance and find out the name and contact information for the insurance company using the Department of Labor and Industry’s insurance look-up tool. If you can’t find your employer’s insurance company using the search tool, you can contact the Department of Labor and Industry’s Claims Services and Investigations unit to request insurance coverage verification about any employer in the state at (651) 284-5170.

What If My Employer Doesn’t Have Minnesota Workers’ Compensation Insurance?

If you suffer an injury on the job, and your employer has no insurance and is not self-insured, in Minnesota you may request that the Minnesota Special Compensation Fund pay you the appropriate benefits. The Special Compensation Fund will conduct an investigation into whether the employer had insurance coverage, and they will make a determination whether or not to cover your claim. If they determine that you have a compensable injury, you will be eligible for the same workers’ compensation benefits that you’d normally be entitled to, if your employer had insurance.

Often times in cases involving the Special Compensation Fund, there are disputes as to insurance coverage, whether the injured worker was an employee or independent contractor, and disputes as to the nature and extent of the injury. Disputes with the Special Compensation Fund regarding entitlement to workers’ compensation benefits are handled using the same procedures as disputes with workers’ compensation insurance companies.

If the Special Compensation Fund pays workers’ compensation benefits to an injured worker because the employer failed to carry workers’ compensation insurance, the Fund will usually pursue a claim against the uninsured employer for reimbursement of all workers’ compensation benefits paid, as well as a 65% penalty.

In addition, an uninsured employer may also be fined by the Department of Labor and Industry for failing to insure its employees, regardless of whether an injury has occurred. If you suspect your employer or another business is operating without workers’ compensation insurance in violation of Minnesota law, you can report the violation here or by calling (651) 284-5109, and your report will be investigated by the Claims Services and Investigations' Investigative Services Section of the Minnesota Department of Labor and Industry.

Unfortunately, there are many employers in Minnesota who do not carry legally required workers’ compensation insurance. If you’re hurt on the job while working for an uninsured employer, or if your employer won’t provide you with their workers’ compensation insurance information, a Minnesota workers’ compensation lawyer can help you protect your rights. For a free, no-obligation consultation to learn more about your workers’ compensation rights, call Meuser & Associate at 877-746-5680 or click here to send us an email.

Chemical Exposure Injuries and Minnesota Work Comp

2012-01-15T08:00:00.000-06:00

There are thousands of different types of toxic chemicals that can cause hundreds of different types of chemical injuries. Direct skin contact with certain types of chemicals can cause chemical burns. Eye contact with certain types of chemical can cause serious eye injuries. Inhalation of certain types of chemicals can cause respiratory diseases or injuries. Exposure to some types of carcinogenic chemicals can cause cancer. Exposure to chemicals can be over a long period of time, and the onset of symptoms can be very gradual and slow in developing. Workers in almost every industry are exposed to at least some type of toxic chemical every day.

Substances containing zinc, lead, mercury and arsenic are toxic to a person’s organs. Exposure to zinc, lead, mercury and arsenic can cause nausea, vomiting, headaches, confusion, shortness of breath, and abnormal heart rhythm. Significant exposure to these substances can cause coma, seizures, or even death. Skin or eye contact to these chemicals can cause burns.

Acids, such as hydrochloric acid and nitric acid, and alkalines, such as sodium ammonium hydroxide, can cause severe chemical burns if they come into contact with the skins. Ingestion of these chemicals can cause internal burns to the digestive system, and eye exposure can lead to vision impairment or blindness. Respiratory exposure can also result in respiratory injury.

Hydrocarbons, contained in things like gasoline, kerosene, paint thinners, and furniture polish can cause respiratory injury if inhaled, and skin contact can result in chemical burns. Even in small amounts, chemical spills and leaks can be hazardous to workers.

Employees who spot chemical spills in the workplace should notify the appropriate person of 1) the substance involved in the spill, if known, 2) the size of the spill, 3) the approximate rate of flow, and 4) any known exposures.

Unfortunately, chemical injuries can develop or a long period of time after long-term exposure, the symptoms associated with certain types of chemical injuries can mimic other types of conditions, and chemical injuries can sometimes be difficult to diagnose. If you suffer a chemical injury as a result of exposure to chemicals in your workplace, you may be entitled to Minnesota workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and vocational rehabilitation benefits.

Unfortunately, chemical exposure injury claims can be very contentious, and workers’ compensation insurers very frequently dispute these types of claims. A Minnesota workers’ compensation attorney can help you navigate the Minnesota workers’ compensation maze and make sure that your interests are protected.

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

Post-Concussion Syndrome and Minnesota Workers’ Compensation

2012-01-14T08:00:00.000-06:00

In Minnesota, if you suffer from post-concussion syndrome, including headaches, dizziness, or anxiety after a work-related head injury, you may be entitled to workers’ compensation benefits to help you deal with the effects of the symptoms you are experiencing.

Post-Concussion Syndrome Overview

Post-concussion syndrome is a disorder characterized by post-concussion symptoms, such as headaches or dizziness, last for weeks or months after a head injury that caused a concussion.

A concussion is a mild traumatic brain injury which usually occurs as a result of a blow to the head. The risk of post-concussive syndrome is not necessarily associated with the severity of the initial injury.

In most people, symptoms of post-concussive syndrome occur within the first week to ten days after the injury, and they typically resolve within three months, although they can persist for a year or more. Post-concussion syndrome treatments are aimed at treating the symptoms associated with the syndrome.

Symptoms of Post-Concussion Syndrome

Symptoms of post-concussion syndrome can include:

Headaches
Dizziness
Fatigue
Irritability
Anxiety
Insomnia
Loss of concentration and memory
Noise and light sensitivity

Post-Concussion Syndrome Treatment

Treating post-concussive syndrome involves treating the symptoms associated with the condition. For headaches, your doctor may prescribe medications. For memory or thinking difficulties, cognitive therapy may be helpful. For depression and anxiety, you may be referred for psychotherapy or prescribed medications.

Post-Concussion Syndrome and Minnesota Workers’ Compensation

If you’re suffering from post-concussive syndrome as a result of a work-related concussion, you may be entitled to Minnesota workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits and/or rehabilitation benefits.

Post-concussive syndrome involves persistent symptoms, including headaches, dizziness, fatigue, and anxiety. These symptoms are subjective, meaning they are not easy to objectively measure. You can’t see a headache, dizziness, or anxiety, on an x-ray or an MRI. That doesn’t mean those symptoms are not real, but it does mean that your diagnosis is based on your subjective complaints of symptoms. Because these symptoms are subjective, workers’ compensation insurance companies often dispute claims involving post-concussive syndrome, particularly if the symptoms last for an extended period of time. Often, a workers’ compensation insurer may send you to an independent medical examination to assess the nature and extent of your injuries. Almost invariably, that IME doctor will say that you have no objective symptoms, and therefore, there’s nothing wrong with you. Based on that opinion, the workers' compensation insurer will then deny your claim for Minnesota workers' compensation benefits.

Post-concussion syndrome is real, and it can be significantly disabling. If your workers’ compensation insurance company denies or disputes your claim for benefits, you have the right to dispute that denial!

We represented a woman a couple years ago who was a pedestrian who was struck by a car. While this involved a personal injury claim, and disputes with her no-fault insurer, and the uninsured motorist claim over her entitlement to benefits, I think it’s informative as to how far insurance companies will sometimes go to deny a legitimate claim. She was walking down the sidewalk when a car came flying from a nearby parking lot and hit her, throwing her several feet in the air, and she landed, face-first on the ground. She was knocked unconscious and was transported by ambulance to the Emergency Room where she was treated for a concussion. It turned out that the driver who hit her was not only intoxicated, but he was in the process of stealing the car when he ran her down. Almost immediately, she began experiencing significant headaches and severe dizziness as well as fatigue.

Within about six weeks after the accident, her own insurance company sent her to an “independent” medical examination and promptly cut off her No-Fault benefits. The so-called doctor who examined her went to great lengths to downplay the seriousness of the accident. In his report, he described the accident as if she had been simply “bumped” by a slow-moving vehicle, and fell down as a result. He also failed to mention the fact that she lost consciousness, that she had severe scrapes on her face from hitting the pavement, that she was transported by ambulance to the Emergency Room, or that she was diagnosed with a concussion. He suggested instead, that she had sustained a minor neck sprain that should have fully resolved within a couple weeks.

Thankfully, a No-Fault arbitrator saw how ridiculous this opinion was, and awarded her the full amount of her claim for No-Fault benefits. We also secured a significant settlement for her of her uninsured motorist claim.

We’ve represented several Minnesota workers who have suffered traumatic brain injuries, including post-concussion syndrome following a work-related concussion:

A security guard who was hit in the head with a two-by-four by a burglar.
A special education teacher who was hit in the face by a student with a behavior disorder.
A truck driver who stuck his head on the ground after a load he was delivering fell out of the back of the truck and hit him, causing him to fall to the ground.
A truck driver who was jostled around in the cab of the truck when a student driver he was training ran the truck off the road.
A stage hand who was hit in the face by a piece of stage equipment that came loose and swung around, striking her.
A police officer who was shot in the head with a rubber bullet during training.
A mechanic who was working underneath a raised vehicle, when he stood up suddenly, striking his head on the undercarriage of the truck.
A young construction worker who was hit in the head by a floor truss that fell off a forklift working above him.

A knowledgeable Minnesota workers’ compensation attorney can help protect your workers’ compensation rights and make sure you get the benefits you’re entitled to. Don’t trust the workers’ compensation insurance company to look out for your best interests!For a free, no-obligation workers’ compensation case consultation call Meuser & Associate at 877-746-5680 or click here to send us an email.

Work-Related Shoulder Injuries

2012-01-13T08:00:00.000-06:00

Meuser & Associate handles all types of Minnesota workers’ compensation cases involving shoulder injuries. Shoulder injuries are a very common type of workers' compensation injury.

Some common work-related shoulder injuries include:

Arthritis of the shoulder
Bursitis
Tendonitis
Shoulder dislocation
Shoulder blade fracture
Frozen shoulder
Rotator cuff tears
Shoulder separation
Shoulder impingement
Shoulder joint replacement
Shoulder pain
Labral tears
Thoracic outlet syndrome
Shoulder sprains and strains

In 2006, approximately 7.5 million people went to the doctor’s office for shoulder problems. Shoulder injuries can be caused by acute trauma, such as a fall or blunt force injuries. They can also be caused by excessive repetitive overhead motions.

If you’re experiencing shoulder stiffness, having difficulty with rotation or range of motion, feel as though your shoulder may slide or pop out of socket, have shoulder pain, or have a feeling of weakness, you should consider seeing a doctor.

If you’re suffering from a shoulder injury and your work activities were a substantial contributing factor to the development of that injury, or substantially contributed an aggravation of a pre-existing shoulder problem, you may be eligible for workers’ compensation benefits.

Shoulder injuries can be debilitating. You may require significant medical care. You may have to take time off work. You may not be able to perform your job duties anymore if you have permanent injury. You may need assistance in finding a new career. In Minnesota, if your shoulder injury is work-related, you may be eligible for medical expenses benefits, wage loss benefits, permanent partial disability benefits and/or vocational rehabilitation benefits.

For a free, no-obligation Minnesota workers’ compensation case consultation, call Meuser & Associate at 877-746-5680 or click here to send us an email.

Recent Minnesota Personal Injury Case Successes

2012-01-12T08:00:00.000-06:00

Meuser & Associat e secures millions in dollars in benefits for our workers' compensation and car accident clients each year. Each case is different, and you should consult with an attorney for a fair evaluation of your claim.

Here's a couple our of recent successes:

Meuser & Associate recently secured a jury verdict in excess of $100,000 for a gentleman that was involved in a car accident with two other cars. He had a prior history of low back pain dating back 20 years, but experienced an increase in pain following the accident. He underwent a variety of treatments, including injections, physical therapy, and chiropractic. He suffered a number of aggravations to his low back injury at work and at home. Ultimately, nearly two years after the car accident, he had to undergo a lumbar decompression surgery. Thankfully, with the exception of a few weeks following surgery, our client was able to return to work with no wage loss. Prior to trial, we secured a settlement with one the insurance company of one of the drivers, but the insurance company for the other driver, who was primarily at fault, offered only $12,500.00. The jury found that driver 100% at fault for the accident, and awarded over $100,000 in damages.

We secured a $65,000.00 binding arbitration award for a gentleman who was involved in a rollover car accident while in the course and scope of his job as a firefighter. We had previously secured a significant settlement of his workers’ compensation claim on his behalf. Prior to the car accident, our client had sustained numerous, serious work-related injuries to his neck and back during his career as a firefighter. The car accident aggravated his neck and back conditions, including several herniated discs. He was unable to continue working as a firefighter following the car accident.

Meuser & Associate recovered a $28,000.00 settlement for a young man who was involved in a car accident. He had underlying juvenile discogenic disease, which caused premature degenerative changes throughout the spine. It was difficult to differentiate which problems in his spine were caused by the car accident and which problems were pre-existing. His doctor concluded that the car accident substantially aggravated his underlying condition.

If you sustain injuries in a car accident due to someone else’s fault, you may be entitled to compensation for your damages, including medical expenses, wage loss, and pain and suffering.

The verdict or settlement of your own case will depend upon its particular facts. Past results do not guarantee future results. Every case is different and must be judged on its own merits. The cases reported in the website are not meant to cause any unjustified expectations regarding the merits of your own claim.

For a free, no-obligation Minnesota car accident case evaluation, contact Meuser & Associate at 877-746-5680, or click here to send us an email to schedule an appointment with one of our attorneys.

Increased Fatal Work Injuries in Minnesota in 2010

2012-01-11T08:00:00.000-06:00

According to the Minnesota Department of Labor and Industry, in 2010, there were 69 fatal work injuries in Minnesota, compared with 60 fatal work injuries in 2009, and 71 fatal work injuries in 2008. The average number of work-related fatalities between 2005 and 2009 was 73 cases per year.

The industries with the highest number of fatalities were agriculture, forestry, fishing, and hunting, with 29 work-related deaths, which were most commonly caused by either contact with objects and equipment or transportation incidents. There were nine workers killed in the construction industry in 2010, which was the second highest fatality rate. Retail trade had the third-highest number of fatalities in 2010, with seven cases.

Transportation incidents accounted for 25 fatalities, and it was the most frequent fatal work-related event. Contacts with objects and equipment accounted for 17 fatalities, and the most common types of injury included being struck by a falling object or getting caught in or crushed in collapsing materials. There were 13 workplace fatalities in Minnesota due to assaults and violent acts in 2010, and there were 10 fatalities resulting from falls.

Men accounted for 63 of the 69 worker fatalities in Minnesota in 2010. Workers over the age of 55 accounted for 24 work-related fatalities in 2010. Self-employed workers accounted for 23 fatalities in 2010.

Dependents of deceased workers who died as the result of a work-related injury or illness may be entitled to workers’ compensation benefits. Generally, dependents include 1) spouses, 2) children under the age of 18, 3) children under the age of 25 who are full-time students, and 4) children over the age of 18 who are deemed to be physically or mentally incapacitated from earning. Other family members, including the deceased worker’s mother, father, grandmother, grandfather, sister, brother, mother-in-law, or father-in-law, may be entitled to workers’ compensation benefits if the family member was wholly or partially supported by the deceased worker.

Dependents of workers who die as the result of a work-related illness injury may be entitled to burial expense benefits of up to $15,000.00.

Dependents may also be entitled to dependency compensation based on the deceased workers’ average weekly wage at the time of the injury which resulted in the employee’s death.

In addition to dependency benefits, a deceased workers’ survivors may also be entitled to any workers’ compensation benefits that would have been available to the injured worker, such as wage loss benefits, including temporary total disability (TTD) benefits, temporary partial disability (TPD) benefits, or permanent total disability (PTD) benefits, or permanent partial disability (PPD) benefits.

If your loved one died as the result of a work-related injury or illness, you should strongly consider contacting a workers’ compensation attorney to make sure you and your family receive the workers’ compensation death and dependency benefits you are entitled to.

The law in this area of Minnesota workers’ compensation has changed frequently over the years, and it is very complex. You’d be well advised to have an experienced workers’ compensation lawyer on your side to make sure you get all the benefits you are entitled to. To schedule a free, no-obligation consultation, call Meuser & Associate at 877-746-5680, or click here to send us an email.

Causes of Herniated Discs

2012-01-10T08:00:00.000-06:00

Disc herniations in the neck and back are some of the most common work-related injuries we see in our Minnesota workers' compensation practice.

A disc herniation is when the intervertebral disc, or the cushion in between the vertebrae in your spine, pushes or bulges out, or even ruptures. A bulging or ruptured disc can cause significant pain, or even spinal cord or nerve compression.Herniated discs in the neck and back are usually caused by 1) wear and tear, 2) injury, or 3) a combination of wear and tear and injury.

Herniated Discs Caused by Wear and Tear on the Spine

A herniated disc is often the result of daily wear and tear on the spine. This is also known as disc degeneration. The spine carries and helps distribute our weight, and the intervertebral discs act as shock absorbers for movements such as walking, twisting, and bending. Discs can wear out over the course of time. The tough outer layer of the disc, or the annulus fibrous, can start to weaken over time, allowing the jelly-like inner layer of the disc, known as the nucleus pulposus, to push through, creating a bulging or herniated disc.

Herniated Discs From Injury

Injury to the spine can also cause a herniated disc. For example, a car accident or fall at work can cause a herniated disc when the sudden jerking motion or force puts too much pressure on the disc, causing it to herniate. You can also herniate a disc by lifting a heavy object incorrectly, or by extreme twisting.

Herniated Discs From a Combination of Wear and Tear and Injury

An intervertebral disc that has been weakened by wear and tear, or degeneration, can make it more susceptible to herniation, should you experience a traumatic event. If a disc is already weakened by degeneration, even minor traumas, such as bending awkwardly, or even sneezing, can cause a disc to herniate.

Different doctors sometimes use the term “disc herniation” to mean slightly different things, but they are often categorized as four types:

Disc degeneration. During the first stage of a herniation, the nucleus pulposus weakens due to changes in the disc associated with wear and tear.
Prolapse. During the second stage, the form or position of the disc changes. A slight bulge or protrusion may begin to form, which may impinge the spinal cord or nerve roots.
Extrusion. During the third stage, the nucleus pulposus breaks through the annulus fibrosis, but still remains within the disc.
Sequestration. During the final stage, the nucleus pulposus may break through the annulus fibrosus and move outside the disc into the spinal canal.

In Minnesota, if you’ve sustained a herniated disc as a result of your work activities, you may be entitled to workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and rehabilitation benefits.

Whether you have a herniated disc that was caused by an injury, one that was caused by wear and tear, or one that was caused by a combination of both, your injury may be covered by workers’ compensation so long as your work activities were a substantial contributing factor in the development of your disc herniation.

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

Minnesota Workplace Injury Rate Near an All-time Low in 2010

2012-01-09T08:00:00.000-06:00

In 2010, Minnesota had the second lowest workplace injury and illness rate on record.

The 2010 Survey of Occupational Injuries and Illnesses indicated that Minnesota had an estimated 3.9 nonfatal workplace injuries and illnesses per 100 full-time-equivalent workers in 2010. This is up slightly from the 2009 estimate of 3.8 injuries and illnesses per 100 full-time-equivalent workers, but substantially lower than the rate of 5.1 in 2005. It is also the second lowest injury rate since the survey began in 1972.

The survey estimated that there were 76,700 nonfatal workplace illnesses and injuries in 2010, 78,100 illnesses and injuries in 2009, and 104,100 illnesses and injuries in 2005.

Of these injuries and illnesses, 37,200 resulted in days away from work, job transfer or restrictions after the day of injury. This is the equivalent of 1.9 per 100 full-time-equivalent workers. An estimated 1.1 cases per 100 full-time-equivalent workers resulted in one or more days away from work after the day of injury.

The industries with the highest total injury and illness rates were: transportation and warehousing (5.8 cases per 100 full-time-equivalent workers), health care and social assistance (5.6), and construction (5.3).

Nationally, an estimated 3.9 million nonfatal workplace injuries and illnesses were reported in private-and public-sector workplaces for 2010, resulting in a rate of 3.8 cases per 100 full-time-equivalent workers.

According to Ken Peterson, Minnesota Department of Labor and Industry commissioner, the results “are a positive sign that more worksites continue to make employee safety and health an integral part of their day-to-day operations.”

While I’d like to believe the reduction in the rate of reported workplace illnesses and injuries in Minnesota is due primarily to improvements in workplace safety, unfortunately, I think there are other factors at play. Due to relatively high unemployment, fewer people are working, particularly in some of those “high-risk” industries, such as construction. I also think many injured people are not reporting their injury. With fewer and fewer job options, many injured workers are afraid to report their injuries for fear of losing their jobs. One of the most common questions I hear when I speak with an injured worker the first time is: “Will I get fired if I report my injury?”

If you were hurt on the job in Minnesota, you may be eligible for workers’ compensation benefits, including medical expense benefits, wage loss benefits, vocational rehabilitation benefits, and/or permanent partial disability benefits.

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

Degenerative Disc Disease and MN Workers’ Comp: Exercise and Physical Therapy for Pain Management

2012-01-08T13:17:00.000-06:00

Degenerative disc disease is one of the most common causes of low back and neck pain, and it can significantly impact your ability to do your normal day to day activities, and your ability to work.

Degenerative disc disease refers to changes to the spinal discs from chronic wear and tear or injury. There are a variety of treatment options for degenerative disc disease, including exercise and physical therapy. For individuals suffering from degenerative disc disease, a regular routine of back or neck exercises can prevent neck or back pain and/or reduce the frequency, severity, and duration of flare-ups. Stretching exercises can improve range of motion, which in turn, can reduce neck or back pain. Strengthening exercises can help stabilize the spinal segments, and stronger muscles can help compensate for degenerated discs. Before beginning an exercise or therapy program, consult with your spinal specialist.

In the context of workers’ compensation, in many cases, degenerative disc disease is a condition that is covered for work comp benefits. The condition itself may be caused by an employee’s work activities, or an employee’s work activities may have substantially contributed to the condition.
Alternatively, an employee may suffer an aggravation of underlying degenerative disc disease, which is covered by workers’ compensation.

While the term “degenerative disc disease” refers to a medical condition, for workers’ compensation insurance adjusters, the term is also a legal defense to a claim for benefits. In plain language, what that means is that if you are injured at work, and you are diagnosed with degenerative disc disease, or there’s even a reference to degenerative disc disease in your medical records, be prepared for the work comp. adjuster to deny your claim on the basis that your condition is pre-existing.

Just because the workers’ compensation insurance company says your condition is pre-existing, doesn’t mean they’re right!

In many cases, an individual’s work activities caused, or substantially contributed to, wear and tear on the spine over time, resulting in degenerative disc disease. That is a condition that IS covered by workers’ compensation, and is often referred to as a repetitive motion injury, or a Gillette-type injury.

In other cases, an individual’s work activities or an injury substantially aggravated or accelerated pre-existing degenerative disc disease. Again, in that instance, the injury IS covered by workers’ compensation.

If you are suffering from degenerative disc disease as a result of your work activities, you can expect that the workers’ compensation carrier will dispute your claim. It is important to speak with a Minnesota workers’ compensation lawyer to protect your rights. For a free, no-obligation consultation, contact Meuser & Associate at 877-746-5680 or click here to send us an email.

Minnesota Workers’ Compensation Help: Office of Workers' Compensation Ombudsman

2012-01-07T08:00:00.000-06:00

There's no question that the Minnesota workers' compensation system is extremely complex. Trying to navigate the system on your own can be very stressful. For injured workers who are having difficulty navigating the process, now the Minnesota Department of Labor and Industry is offering free assistance.

The Minnesota Department of Labor and Industry recently created the Office of Workers’ Compensation Ombudsman service to provide information and assistance to injured workers and small businesses having difficulty navigating the workers’ compensation system, and to help resolve problems these parties encounter in the system. The Office of Workers’ Compensation Ombudsman also makes recommendations for statutory or rule changes to improve the effectiveness of the workers’ compensation system.

For injured workers, the ombudsman provides assistance by:

Providing advice and information and to help them protect their rights and to pursue a claim;
Contacting claims adjusters and other parties to resolve disputes;
Assisting in preparing for settlement negotiations or mediations; and
Making appropriate referrals to other agencies or entities when further resources are necessary.

For small businesses, the ombudsman provides assistance by:

Providing information regarding what to do when an employee reports an injury;
Directing them to appropriate resources for assistance in obtaining and resolving issues regarding workers’ compensation insurance; and
Responding to questions pertaining to employers’ responsibilities under Minnesota workers’ compensation law.

The Office of Workers’ Compensation Ombudsman can be contacted at (651) 284-5013, 1-800-DIAL-DLI (1-800-342-5354), TTY (651) 297-4198, or by email at dli.ombudsman@state.mn.us.

This should be a great resource for both injured workers and small businesses that are confused by the Minnesota workers’ compensation system. In fact, I’m optimistic that the Ombudsman will help parties resolve minor issues or communication breakdowns before they turn into major disputes. A less complex, less contentious, and more efficient Minnesota workers’ compensation system is good for all interested parties.

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

Good Posture Key to Preventing Back Pain at Work

2012-01-06T08:00:00.000-06:00

Back injuries are the single most common type of work-related injury that we see in our Minnesota workers’ compensation legal practice.

According to WebMD good posture while standing or sitting is an important way to prevent back pain.Check your posture by standing with your heels against a wall. Your calves, buttocks, shoulders, and the back of your head should the wall. You should be able to fit your hand between the wall and the small of your back. If your posture changes when you step away from the wall, correct it to the position you were in when you were standing against the wall. If you stand for long periods of time at work, wear flat shoes with good arch support, and use a 6 inch box or step to rest one foot on periodically.

While seated, a good work chair should support your hips comfortably, but the backs of your knees should not touch the seat. The back of the chair should be set at an angle of approximately ten degrees, and it should comfortably cradle the small of your back. Your feet should rest flat on the floor. Your forearms should rest on your desk or work surface with your elbows at a right angle.

Work activities that require you to stand or remain seated for prolonged periods or in awkward positions can lead to neck or back injuries and chronic neck or back pain. For a free, no-obligation Minnesota workers’ compensation consultation, call Meuser & Associate at 877-746-5680, or click here to send us an email to schedule an appointment with one of our attorney to learn about your workers' compensation rights.

Recent Minnesota Workers' Compensation Successes

2012-01-05T08:00:00.000-06:00

Each year, we recover millions of dollars’ worth of benefits on behalf of our clients. Each case is different, and you should consult Minnesota workers’ compensation attorney to get a fair assessment of the value of your workers’ compensation case.

Here’s a couple examples of our recent successes:

We recently secured an $85,000.00 workers’ compensation settlement for a police officer who suffered an on-the-job heart attack after a high-speed chase and physical altercation with a suspect. While the officer recovered from the heart attack with relatively mild permanent heart damage, he developed significant anxiety and fear about suffering another heart attack when confronted with high-stress situations, which caused him to experience atrial fibrillations, or erratic heartbeats. As a result, he could no longer work as a police officer. Prior to the settlement, this gentleman had received a variety of monetary and medical benefits from the workers’ compensation insurer. As part of the settlement, he is also entitled to ongoing medical care for his heart condition for the rest of his life. We also secured PERA duty disability benefits and healthcare continuation benefits under Minn. Stat. § 299A.465 on his behalf.

We recovered a $51,000.00 workers’ compensation settlement on behalf of a school janitor who sustained a broken foot and a neck injury when he fell while cleaning. The workers’ compensation insurance company acknowledged liability for his foot injury, but denied liability for his neck injury. Unfortunately, the worker subsequently developed regional sympathetic disorder (RSD) in his lower extremity, and the insurance company started fighting over his medical care. Prior to the settlement, the worker received over a year’s worth of wage loss benefits and substantial medical expense benefits. In addition to the monetary settlement, he will be entitled to medical care for his foot and leg injury for the rest of his life.

We obtained a $70,000.00 workers’ compensation settlement for a machine operator who sustained numerous injuries over the years to his shoulders, neck, and back. Eventually, he had to undergo a two level fusion in his cervical spine and could no longer do his job. Prior to the settlement, the worker had received a variety of wage loss benefits and medical expense benefits. In addition to the settlement, he is entitled to future medical care for his back, neck, and shoulders for the rest of his life.

The verdict or settlement of your own case will depend upon its particular facts. Past results do not guarantee future results. Every case is different and must be judged on its own merits. The cases reported in the website are not meant to cause any unjustified expectations regarding the merits of your own claim.

For a free, no-obligation Minnesota workers’ compensation case evaluation, contact Meuser & Associate at 877-746-5680, or click here to send us an email to schedule an appointment with one of our attorneys.

Why Minn. Stat. § 176.021, Subd. 7 Should Be Repealed

2012-01-04T20:41:00.000-06:00

If you’ve been through the Minnesota workers’ compensation system, you are probably well aware of the fact that it’s not always fair to injured workers. In fact, in many respects, the deck is stacked against injured workers.

Nothing is more frustrating than seeing an injured worker who gets shortchanged because of an innocent mistake, because of ambiguous language within the law, or because the benefits provided by workers’ compensation are simply inadequate to fully address the full extent of their losses.

January is usually when people make resolutions to end bad habits or to learn new good habits. I usually forget to make a resolution, or if I remember to make one, I forget about it within a day or two.Instead, this year, I’m going to take the opportunity to write about a provision within the Minnesota Workers’ Compensation Act that I’d like to see changed in 2012.

Major changes to the Minnesota Workers’ Compensation Act don’t happen often, and it’s usually a long process to make changes to the law. Nonetheless, I’d love to see the Minnesota legislature take up the challenge of making this change to the Minn. Work Comp. Act to make things just a little more fair for injured workers.

Repeal of Minn. Stat. §176.021, Subd. 7.

This portion of the Minnesota Workers’ Compensation Act provides in relevant part, that:

If an employee covered by the Minnesota State Retirement System receives total and permanent disability benefits pursuant to section 352.113 or disability benefits pursuant to sections 352.95 and 352B.10, the amount of disability benefits shall be deducted from workers' compensation benefits otherwise payable. If an employee covered by the teachers retirement fund receives total and permanent disability benefits pursuant to section 354.48, the amount of disability benefits must be deducted from workers' compensation benefits otherwise payable.

In plain language, what this statute says, at least according to the State, is that if you are a State worker and you’re eligible for MSRS disability benefits by virtue of a work-related injury, the State gets to reduce (or eliminate) your workers’ compensation benefits to the extent of one dollar for every dollar of MSRS disability benefits you receive. This provision, arguably, affects state corrections workers, state troopers, teachers, conservation officers, and almost all other state employees.

This statute is ambiguous, for one, because it doesn’t state which types of workers’ compensation benefits are subject to this offset. For example, if you’re receiving $500 a week in MSRS disability benefits, and you’re also eligible for $500 a week in workers’ compensation wage loss benefits, it’s the State’s position that you get zero workers’ compensation wage loss benefits. Arguably, the State could offset your entitlement to other types of workers’ compensation benefits, too, like permanent partial disability benefits, rehabilitation benefits, or even medical benefits. The plain language of the statute could theoretically allow the State to refuse to pay your medical bills to the extent of your MSRS disability benefits. By way of example, an injured worker who receives $1000 a month in MSRS disability benefits could, in theory, be required to pay the first $1000 of their workers' compensation medical bills before work comp kicks in, so that workers' entire monthly MSRS disability benefit could be wiped out by medical bills.

So what’s wrong with this?

First off, MSRS disability benefits don’t cover 100% of your lost wages, so you’re just out of luck making up the difference between MSRS and your normal wage. Moreover, as noted above, while I've never seen the State try to offset anything except wage loss benefits, the language of the statute would clearly allow them to offset their obligation to pay other workers' compensation benefits, like PPD benefits, rehabilitation benefits, or even medical expense benefits.

Second, basically, state employees are paying for their own workers’ compensation insurance. State employees make contributions to MSRS, just like private-sector employees pay into social security. By offsetting its obligation to pay workers’ compensation benefits, the State is passing the cost of work-related injuries right back to the injured worker.

The other problem with this statute is that it unfairly discriminates against state employees. Only state employees are subject to this offset provision. There is another provision under the Workers’ Compensation Act, Minn. Stat. § 176.101, Subd. 4 that provides for coordination of workers’ compensation benefits and other governmental disability benefits, such as PERA and SSDI. That statute only allows the workers’ compensation insurer to take an offset if the injured worker is receiving PERA or SSDI disability, has been determined to be permanently totally disabled, and has been paid $25,000.00 in PTD benefits. Importantly, this provision applies only to permanent total disability benefits, not other types of wage loss benefits.

Here’s an example of how this exactly how this unfairness can play out. You have a state trooper and a city police officer, with identical injuries, and identical entitlement to workers’ compensation benefits. The state trooper receives MSRS disability benefits, and the police officer receives PERA disability benefits (which incidentally, are paid at the same rate). The police officer is entitled to receive both her workers’ compensation benefits, and her PERA benefits, subject to certain caps, above which PERA reduces the amount it pays, but the state trooper receives only his MSRS disability benefits. This makes no sense.

In my humble opinion, Minn. Stat. § 176.021, Subd. 7 is unconstitutional because it discriminates against state employees. Unfortunately, there is some rather old case law that supports the validity of the statute, although my arguments set forth above were not directly addressed by the Court, and this case law at least arguably supports the State’s position.

Simply repealing this section solves the problem.

Minn. Stat. § 176.101, subd. 4 provides the normal offset rules that apply to injured workers who receive other governmental benefits, including SSDI and PERA. It can just as easily be applied to injured workers’ who receive MSRS disability benefits.

Moreover, the MSRS disability statutes already contain their own offset provisions, meaning that MSRS can reduce the amount of its disability payment if the combination of work comp. and disability benefits exceeds certain amounts. The MSRS offset provisions currently in existence within the disability statutes prevent overcompensation and double dipping.

Repeal Minn. Stat. § 176.021, Subd. 7. Problem solved. Statutory ambiguity eliminated and uniformity created. Fairness achieved.

If you’re a state employee, particularly if you’ve sustained a work-related injury, I encourage you to contact your state representatives and bring this issue to their attention. Fixing the problem is simple. Minn. Stat. § 176.021, Subd. 7 should be repealed.

If you have questions or concerns about your rights under Minnesota workers’ compensation law, call Meuser & Associate at 877-746-5680, or click here to send us an email to schedule a free, no-obligation consultation.

Mesothelioma Cases on the Rise in Minnesota Taconite Mining Area

2012-01-02T08:00:00.000-06:00

A University of Minnesota study, which began in 2008, has confirmed that the prevalence of mesothelioma in Minnesota taconite workers is abnormally high.

The Taconite Workers Health Study focused on approximately 46,000 people who worked in the taconite industry in Minnesota. The study found that 1,681 taconite workers developed some type of lung cancer, including 82 who developed mesothelioma. Final results of the study are expected in late 2012.

Researchers believe that the fibers produced during taconite processing are responsible for causing mesothelioma and other lung diseases. If you or a loved one has been diagnosed with mesothelioma, it is important to contact an attorney as soon as possible.For a free, no-obligation legal consultation, contact Meuser & Associate at 877-746-5680 or click here to send us an email.

Minnesota Firefighter & Police Officer Disability Benefits

2011-12-26T08:00:00.000-06:00

If you are a Minnesota firefighter or police officer, and you are hurt on the job, you may be eligible for workers’ compensation benefits, PERA/MSRS disability benefits, and health care continuation benefits under Minn. Stat. §229A.465.

Workers’ compensation. All Minnesota firefighters and police officers, including conservation officers, corrections officers, and volunteer firefighters, are eligible for workers’ compensation benefits if you are hurt on the job. This includes medical expense benefits, wage loss benefits, permanent partial disability benefits, and rehabilitation/retraining benefits.

PERA or MSRS disability benefits. If you are a Minnesota police officer or firefighter, you may be eligible for PERA or MSRS disability benefits if you can longer perform your normal duties. Depending on the circumstances surrounding the injury, you may be eligible for duty disability benefits, which pays a base rate of 60% of your average high five salary, or regular disability benefits, which pays at a base rate of 45% of your average high five salary.

Health Care Continuation. If you are a Minnesota police officer or firefighter, and you qualify for PERA or MSRS duty disability benefits, you may also qualify for Continued Health Insurance Coverage through age 65, which means that your employer continues to pay your health insurance premium even if you can no longer work as a police officer or firefighter.

The laws governing workers’ compensation benefits and PERA disability benefits are complex. Coordinating your claims to maximize all the benefits you’re entitled to is also extremely complicated. Every case is different, particularly in terms of timing. It’s very easy to make mistakes if you are trying to pursue these benefits on your own, which can literally cost you hundreds of thousands of dollars. Often times we meet with police officers and firefighters who have no idea they’re even eligible for these benefits! We’ve met with other police officers and firefighters who had been represented by, or consulted with, an otherwise competent workers’ compensation lawyer, who had no idea how to help these folks with their claims for PERA benefits.

If you’re a Minnesota police officer or firefighter who has sustained an on-the-job injury, and you’re unsure whether you will be able to continue working as a police officer or firefighter, make sure your workers’ compensation lawyer is knowledgeable about PERA, or you could be leaving hundreds of thousands of dollars on the table. Meuser & Associate is one of the few workers’ compensation law firms in the state that also handles PERA and MSRS disability claims.

If you’re a Minnesota police officer or firefighter who has sustained a career-ending injury, sitting down to talk with us about your rights to these types of benefits is literally like financial planning. We can explain what benefits you’re eligible for, and we can make recommendations to you in terms of how to best protect your rights to those benefits.

In the last couple years, Meuser & Associate has previously represented, and currently represents, dozens of police officers and firefighters throughout the state of Minnesota, including firefighters and police officers who currently work for or formerly worked for:

Grand Rapids Police Department
Rogers Police Department
Minneapolis Fire Department
Springfield Police Department
St. Louis County Sheriff’s Office
St. Paul Fire Department
Crookston Police Department
Redwood Falls Police Department
Hamel Fire Department
Waseca Police Department
Crystal Police Department
St. Louis Park Fire Department
Faribault Police Department
Minneapolis Police Department
Coon Rapids Fire Department
Plymouth Police Department
New Brighton Police Department
Mound Fire Department
Pine County Sheriff’s Office
Rochester Police Department
South St. Paul Fire Department
Becker County Sheriff’s Office
Cass County Sheriff’s Office
Big Lake Police Department
Minnesota State Highway Patrol
Woodbury Police Department
Metro Transit Police Department
Bemidji Police Department
North Branch Police Department
Oakdale Police Department
Chisago County Sheriff’s Office
Lakeville Police Department

Schedule a time to sit down with Jen or Ron to discuss your injury, what benefits you’re entitled to, and the best ways to protect your rights to those benefits. We are happy to meet with you and answer any questions or concerns you have, and give you an honest assessment as to what benefits you’re eligible for, and our recommendations as to how you should proceed. We understand that for firefighters and police officers, it’s not just a job—it’s a career, and it’s a lifestyle. Facing an illness or injury that may end your career is a difficult place to be in, and it involves making a lot of difficult choices. If you understand your rights and what benefits you’re entitled to, making some of those choices can be a little less stressful.

For a free, no-obligation consultation to discuss your workers’ compensation case, and your rights under PERA or MSRS, call Meuser & Associate at 877-746-5680, or click here to send us an email to schedule a time to meet with Ron or Jen.

Merry Christmas from Meuser & Associate!

2011-12-25T08:00:00.000-06:00

Merry Christmas from all of us at

Meuser & Associate!

Calculating a MN Work Comp Settlement

2011-12-23T08:00:00.000-06:00

Under Minnesota workers’ compensation law, there is no automatic right to a lump sum settlement. That means that neither side can force the other side to settle the case. That being said, in the majority of cases, the parties can, and do, reach some kind of settlement.

There are a variety of different kinds of settlements of workers’ compensation cases, but generally, they are either full, final, complete settlements, or to-date settlements. When people want to settle their Minnesota workers’ compensation case in exchange for a lump sum payment, they are usually thinking of what is known as a full, final, complete settlement, which is a lump sum settlement of all past and future claims, which sometimes closes out an employee’s right to future medical expense benefits, or sometimes leaves open an employee’s right to future medical expense benefits.

While there are literally dozens of factors that need to be evaluated in every case before attempting to put a monetary value on the claim, generally speaking, there are several things that we calculate in every Minnesota workers’ compensation demand. The best way to get an accurate valuation of your Minnesota workers’ compensation claim is to consult with a Minnesota workers’ compensation lawyer.

Past wage loss claims: We calculate claims for any past wage loss to-date, if the workers’ compensation insurer owes any past wage loss benefits. This can include temporary total disability benefits, if the employee has been completely off work, or temporary partial disability benefits, if the employee has been working, but earning less money. In some cases, it can include past permanent total disability benefits. It can also include underpayment claims if the insurer has been paying benefits at an incorrect rate. Factors that play into this calculation include the employee’s average weekly wage and compensation rate at the time of the injury, whether or not the employee has reached maximum medical improvement or not, whether the employee has consistently had work restrictions during the relevant time periods, whether the employee has conducted a diligent job search during the relevant time periods, and whether any third parties have paid wage loss benefits during the same time periods.

Future wage loss claims: For a full, final, complete settlement demand, which contemplates a close out of future wage loss benefits, we also calculate what the employee will realistically incur in future wage losses as well. Several factors come into play in this calculation, including how many weeks of wage loss benefits the employee remains entitled to, whether or not the employee has reached maximum medical improvement, whether the employee is currently working or not working, how much longer it is anticipated that the employee will be off work, whether the employee has permanent work restrictions and the nature of those restrictions, the employee’s anticipated future earning capacity, the employee’s average weekly wage and compensation rate at the time of the injury, and whether the employee is eligible for any other wage loss benefits, such as PERA disability benefits, retirement pension benefits, or social security disability benefits.

Permanent partial disability claims: Based on the type and severity of the injury, we determine whether the employee may have claims for permanent partial disability benefits. Factors that come into play in estimating the value of permanent partial disability benefits, include the nature and extent of the injury, whether or not any permanent partial disability has already been paid, the nature and extent of any pre-existing conditions, and whether a doctor has assigned a permanent partial disability rating.

Out of pocket expenses/medical mileage: If the injured worker has incurred out of pocket expenses or medical mileage, we typically include a claim for reimbursement of these expenses.

Close out of rehabilitation/retraining benefits. Often, a full, final complete settlement also includes a close out of entitlement to rehabilitation and/or retraining benefits. While an injured worker doesn’t actually receive money for rehabilitation benefits, this is a benefit that has monetary value to the insurance company, because they pay for this benefit. If an employee is a strong candidate for retraining, which can be a costly benefit, the value of closing out this type of benefit may be higher.

Payment of outstanding medical expenses/third party intervenors. In addition to the monetary benefits claimed, normally a settlement demand directs that the insurer will also be obligated to satisfy any outstanding medical expenses, and reimburse any third party payors, such as a person's private health insurance, if any of the medical expenses have been paid by a third party.

Close out of future medical care. In some cases, it may be appropriate to consider a close out of an employee's rights to future medical care in exchange for a monetary payment. In some cases, consideration of a close out of future care is not appropriate. This depends on a variety of factors, such as whether the underlying claim is admitted or denied, the nature and extent of the employee's injury, and the nature, extent, and expense of any anticipated future medical care.

In addition to the actual hard numbers in valuing a Minnesota workers’ compensation claim, obviously, the strengths and weaknesses of any claims or defenses must be taken into account. For example, on a workers’ compensation case where the insurer doesn’t have strong defenses to the claims, it is much more likely that an injured worker will get a settlement that is closer to the demand amount. For cases where the insurer has strong defenses to the claims, or stronger defenses on liability for the underlying injury, while the potential value of the case may be high, that must be weighed against the higher risk that the insurer will successfully defend against those claims.

Crunching the numbers on a Minnesota workers’ compensation claim can be complicated, but coming up with the numbers is actually the easy part. The harder part is determining the true value of a claim to ensure that you’re getting a fair deal on a settlement of your workers’ compensation claim. Workers that try to settle their cases on their own usually undervalue their claims, or unknowingly give up rights to valuable future benefits. Do not trust the workers’ compensation insurance company to give you a fair valuation of your claim!

The best way to ensure that you’re getting a fair deal in settling your claim is to have a Minnesota workers’ compensation lawyer assist you with the process. For a FREE, NO-OBLIGATION case consultation call Meuser & Associate at 877-746-5680, or click here to send us an email. We’ve been helping injured workers for over 20 years, and have recovered millions of dollars in workers' compensation benefits for our clients. We can help you get a fair settlement of your Minnesota workers’ compensation claim.

How a Good MN Workers’ Compensation Lawyer Can Help You

2011-12-21T08:00:00.000-06:00

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.

Avoiding Parking Lot Accidents During Holiday Shopping

2011-12-20T08:00:00.000-06:00

In the weeks leading up to Christmas, shopping at malls and stores can be a nightmare. Frayed tempers, lack of parking spots, and heavy traffic can result in parking lot fender benders and pedestrian accidents. During the holiday season, it’s wise to exercise some extra caution during holiday shopping when parking and pulling out of parking spaces. The holidays can be stressful—don’t add more stress by having a parking lot accident.

Park far away from the store. During holiday shopping, parking spots are hard to find, and impatient drivers can be dangerous when you’re trying to get in and out of a spot. Remote areas of the parking lot see less traffic, making it easier for you to safely back your car out when it’s time to leave.
Be observant on your way to your parking space. On your way back to your car after completing your shopping, watch for dangers, such as parents with small children and nearby cars. Seeing these dangers ahead of time can help you anticipate them when you’re backing out of your parking space.
Check your blind spots. When pulling out of your spot, check all your mirrors and blind spots. Be mindful that parents are out and about with their children who can run behind your car as you’re backing out. Use extra caution in busy parking lots.
Drive slowly. Slowing down allows you to react to in time to avoid accidents. Driving slowly when driving in parking lots, and when backing out of your space is particularly important if the weather is bad or when it’s dark out.
Be a responsible pedestrian. As you’re walking through a parking lot, stay in pedestrian-designated areas and make sure drivers see you. Avoid dashing in front of cars or behind cars that are backing out without looking.

Even low-speed parking lot accidents can result in injuries. If you sustain injuries as a result of a parking-lot accident through no fault of your own, you may be entitled to Minnesota No-Fault Benefits, and you may be able to bring a claim for damages against the at-fault driver. For a free, no-obligation case evaluation, contact Meuser & Associate at 877-746-5680 or click here to send us an email to speak with one of our attorneys.

Is My Injury Work-Related? -- Minnesota Workers’ Compensation

2011-12-19T21:19:00.000-06:00

If you’re sustained a work-related injury in Minnesota, you may be eligible for workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and/or rehabilitation benefits.

In order to qualify for workers’ compensation benefits, you must be able to establish that your injury arose “out of and in the course and scope of employment.” The work activities must also be a substantial contributing factor to the injury.

Arising Out of the Employment

The “arising out of” requirement is a legal causation standard. It basically means that there must be a causal connection between the employment and the injury. Generally, what this means is that you must show that a condition or incident of employment increased your exposure to potential harm beyond that of the general public or beyond your exposure to potential harm outside of work. In plain language, what this means is that the circumstances of your employment must have had something to do with the work injury.

Most on-the-job injuries satisfy this rule. There, are a few exceptions, however, where an on-the-job injury may not necessarily “arise out of’ the employment, including:

Injuries caused by “Acts of God.” Acts of God can include anything from injuries caused by disease or severe weather. There are many “exceptions” to this “exception,” however. If an employee’s work circumstances placed them at increased risk to exposure to the “Act of God,” or if an employee’s injuries sustained as a result of an “Act of God,” were worsened due to their work activities or circumstances, those injuries are generally compensable.

Injuries while “Coming or Going.” Generally speaking, if you sustain injury while on your way to work, or on your way from work, your injury is not covered for purposes of workers’ compensation. This is known as the “Coming and Going Rule.” Again, there are several exceptions to this exclusion. For example, employers are obligated to provide safe ingress to or egress from the employment premises. In plain language, that means injuries sustained on your way into or out of the workplace, such as walking to an employee parking lot, are generally covered.

Injuries due to the intentional acts of third parties. On the-job injuries that are the result of a violent act of a third party, totally unconnected with the employment, are not compensable. In most cases, however, there is at least some connection between the circumstances of the employment and the violent act, so these types of injuries are usually covered.

Idiopathic injuries. “Idiopathic” basically means spontaneous, or peculiar to the individual. Personal conditions that cause an injury at the workplace are not compensable. That being said, if the employment premises or activities aggravate or increase the risk of injury, these types of injuries can be compensable.

In the Course and Scope of Employment

To meet the second part of the legal causation test, you must also show that the injury occurred within the period of the employment, and at a place where you could reasonable expected to be, and while you were performing your duties or something incident thereto. In plain language, this means that typically your injury must have occurred on the employer’s premises, during working hours, while performing your job duties.

There are, however, a number of exceptions to these requirements, including:

Traveling employees. Employment that requires travel involves a special set of rules. Each case is very fact specific, and involves an analysis of where the employee was at the time of the injury, what the employee was doing, and if the employee was required to be traveling as part of his or her duties.

Acts to assist others outside the employment. Generally, an act outside an employee’s regular duties, which is performed to advance the interests of the employer, is considered to be within the course of employment.

Acts of “personal comfort.” Under what is known as the “Personal Comfort Doctrine,” injuries that are sustained while an employee is attending to personal needs or comforts are generally held to be within the course of employment. This can include getting a drink of water, smoking, and using the restroom.

Horseplay. “Goofing around” or “horseplay” is generally considered to be incidental, or related to employment, and injuries that occur during such activities are generally compensable.

Violation of employer rules. Even violating an employer’s rules which results in an injury, is usually not grounds to deny benefits, unless the employee is engaged in a prohibited act at the time of the injury, and there must be a direct link between the performance of the prohibited act and the injury.

Recreational activities and employer sponsored events. Most social and recreational activities are no longer considered to be within the course of employment, unless the employee is able to show that the employer ordered or assigned the employee to participate in the program.

Injuries during lunches or breaks. Injuries that occur during a lunch break that is unpaid and off the employer’s premises are usually not covered, although there are some exceptions.

Work from home and home offices. This is becoming more and more common. Injuries sustained by employees during the actual performance of work activities while at home are generally compensable.

Substantial Contributing Factor

In addition to meeting the legal causation requirements set forth above, an employee must also show that his or her work activities were a substantial contributing factor to the development of his or her injury. There are a variety of different types of injuries that satisfy this definition, including specific injuries, Gillette-type or cumulative trauma injuries, aggravations or accelerations of a pre-existing condition, and occupational diseases. An employees work activities need not be the only cause of the condition—they need only be a substantial contributing factor.

Specific injuries. Specific injuries occur as a result of a specific incident or an accident. These are usually pretty clear. For example, falling off a ladder, sustaining a lifting injury, or being involved in a work-related motor vehicle collision are all specific incidents or events.

Cumulative trauma or Gillette-type injuries.Compensation is allowed for injuries that occur as a result of repetitive, minute trauma brought about by the performance of ordinary job duties. These types of injuries can occur over a long period of time. So long as an employee’s work activities are a substantial contributing factor to the development of the injury or condition, they are covered. Some common examples of these types of injuries include carpal tunnel syndrome or degenerative disc disease of the spine.

Aggravations or accelerations of a pre-existing condition. If an employee’s work activities substantially contribute to an aggravation or acceleration of a pre-existing condition, those conditions or injuries are compensable as well. A work-related aggravation can be temporary, or an aggravation can be permanent.

Occupational diseases.In very general terms, a disease that arises out of and in the course of employment, and which is peculiar to the occupation in which the employee is engaged, and which is not an ordinary disease of life to which the general public is equally exposed, is covered under Minnesota workers’ compensation. Occupational diseases have very specific definitions, causation requirements, and procedural rules.

Consequential injuries.Injuries that occur as a direct and natural consequence of a previous compensable injury are also, themselves, compensable. This can include conditions that develop as a medical consequence of an injury, and it can include injuries that are sustained as a legal consequence of a prior, work-related injury. For example, an injury that is sustained while doing physical therapy for a prior injury is a consequential injury. Injuries sustained as a result of a car accident on the way to a workers' compensation doctor's appointment are consequential injuries.

Psychological injuries. Physical injuries which are occasioned by mental stimulus, and psychological injuries which are caused by a physical injury, may be covered for purposes of workers’ compensation. Psychological injuries which are occasioned by mental stimulus are not generally covered by workers’ compensation.

Some on-the-job injuries are obvious – if you fall off a ladder while performing your job duties and you sustain injuries, that’s clearly a work-related injury. If you sustain a lifting injury and hurt your back while performing your job duties, that’s clearly a work-related injury. Some work-related injuries, however, are not quite so obvious.If your injury falls into one of these "gray" areas, chances are, the workers' compensation insurer will deny your claim. Don't rely on the workers' compensation insurance company to make a "fair" determination as to whether your claim is compensable or not.

We frequently talk to individuals who sustain injuries or conditions that clearly meet the requirements of a work-related injury, but they didn't realize they had a compensable claim. If you believe you've sustained an injury that may be a result of your work activities, contact Meuser & Associate for a free, no-obligation case evaluation at 877-746-5680, or click here to send us an email.

Workers' Comp. Resources: Guide to All 50 States

2011-12-19T08:00:00.000-06:00

Meuser & Associate practices workers' compensation law in the state of Minnesota. Workers' compensation law varies significantly by state, meaning that every state has it's own specific laws governing the types of injuries covered and the types of benefits available. If you have a question about workers' compensation laws in a state other than Minnesota, I recommend checking out Maryland Workers' Compensation website, which includes a section setting forth basic information about the workers' compensation laws of all 50 states.

MN Workers’ Comp: Independent Contractor or Employee?

2011-12-18T08:00:00.000-06:00

In Minnesota, independent contractors are NOT covered for workers’ compensation benefits, including medical benefits, wage loss benefits, permanency benefits, or rehabilitation benefits. Employees, on the other hand, ARE covered for workers’ compensation.

In Minnesota, all employers are required by law to carry workers’ compensation insurance to cover their employees in the event of a work-related injury. The MN Department of Labor and Industry has a search tool to look up whether your employer carries legally-required workers’ compensation insurance.

If you’re an independent contractor and you sustain a serious on-the-job injury, medical bills and loss of income after a work injury can be financially devastating. That’s why it’s absolutely critical to have an experienced workers’ compensation attorney evaluate your case if you’re not sure whether you are an independent contractor or an employee.

Even if your employer tells you that you’re an independent contractor rather than an employee, you may still be covered for workers’ compensation. A determination as to whether you qualify as an “employee” or an “independent contractor” for purposes of workers’ compensation is a legal question that requires analysis of several different factors.

Just because your employer says you are an independent contractor doesn’t mean it’s true under the law.In fact, employers often have financial incentive to designate its employees as “independent contractors,” even though they don’t meet the legal definition for “independent contractors.” First, employers avoid paying social security and federal and state taxes for independent contractors. They also avoid contributing to state unemployment, and federal Medicare contributions. Employers in some industries may also classify their employees as independent contractors to avoid having to pay for workers’ compensation insurance coverage.

Depending on the industry you are working in, there are different factors that are analyzed in making a determination as to whether you are an independent contractor or an employee.

Don’t rely on your employer to tell you what your legal classification is! We routinely meet with employees who are hurt on the job who are told that they are independent contractors, so they are on their own for medical bills or wage loss following an injury.

Some industries where this problem is most prevalent include:

Residential and commercial construction
Roofing
Landscaping
Telecommunications installation and sales
Appliance sales, delivery and installation
Sales
Collections
Delivery
Couriers
Drivers

If you were hurt on the job and you don’t know whether you’re an independent contractor or an employee, contact Meuser & Associate for a free, no-obligation case evaluation. Call us at 877-746-5680 or click here to send us an email to schedule a time to speak with Jen Yackley or Ron Meuser about your rights.

Facet Joint Disorders and Back Pain: MN Workers’ Compensation

2011-12-15T20:34:00.003-06:00

One common source of neck and back pain among our Minnesota workers’ compensation clients is facet joint disorders. Facet joints are small stabilizing joints located between and behind the vertebra of the spine. Facet joints prevent excessive motion, over-twisting, and slipping of the vertebrae. They slide on each other and are normally coated by a very low friction, moist cartilage. A small sack or capsule provides lubricant for the facet joint.

The facet joints are in almost constant motion with the spine, and they often become degenerated, or wear out, due to overuse. When facet joints become worn or the cartilage is torn, bone spurs can develop in adjacent areas. This can cause considerable pain with movement and is known as “facet joint disease” or “facet joint syndrome.”

Diagnosing facet joint problems can be difficult because the symptoms can be similar to other types of conditions, such as a herniated disc, a vertebral fracture, or a torn muscle. Symptoms of facet joint problems can include:

Acute episodes of neck or back pain a few times a month or year.
Persistent point tenderness overlying the inflamed facet joints.
Loss of spinal muscle flexibility, also known as guarding.
More discomfort with backward leaning than forward leaning.
Radiating pain down the buttock and the back of the upper leg.
Locally radiating pain, or pain into the shoulders or upper back.

Diagnosing facet joint problems often involves x-rays or a CT scan. Facet joint injections can also be used to diagnose a facet joint problem if a patient experiences pain relief following the injections.

There are a number of treatment options for facet joint disorders that can help with reducing the severity, persistence, and frequency of flare-ups. Conservative measure can include physical therapy and exercise, heat or cold therapy, avoiding static position, use of anti-inflammatory medications, chiropractic or osteopathic manipulation, and traction. More invasive options can include facet joint injections, facet rhizotomy, or fusion surgery.

Diagnosing facet joint problems often involves eliminating other possible causes of neck or back pain. This can be a frustrating process. It can also lead to disputes in workers’ compensation cases due to the difficulty in diagnosing the condition. As a rule, the more difficulty a condition is to diagnose, the more difficulty a patient will have securing the medical care they need from their workers’ compensation insurer.

Visit Spine-Health.com for more information about facet joint problems.

If you’ve suffering from facet joint problems, or any other back problem, due to a work injury or your work activities, we can help make sure you get the medical care you need. We can also make sure you get the Minnesota workers’ compensation benefits you’re entitled to if you’re having difficulty doing your job because of your symptoms. For a free, no obligation consultation, contact Meuser & Associate at 877-746-5680 or click here to send us an email.

MN PERA Police & Fire Plan Disability Benefits: Things You Should Know

2011-12-13T19:01:00.000-06:00

If you’re a Minnesota police officer or firefighter, you are eligible for disability benefits through the Public Employees Retirement Association (PERA) if you are unable to perform your normal job duties for a period of a year or more, as the result of an injury or illness. There are two different basic types of disability benefits, duty disability benefits, and regular disability benefits.

PERA Duty Disability Benefits: Duty disability benefits are paid at a base rate of 60% of your average monthly salary benefit during the highest five consecutive years of earnings. For each year of service credit you have in excess of 20 years, the benefit is increased by 3%. In order to qualify for “duty disability,” you must have a physical or psychological condition that is expected to prevent you from performing your normal duties as a police officer or firefighter for a period of at least a year. In addition, the disability must be the direct result of an injury incurred during, or an illness arising out of, the performance of your duties. Those duties must be specific to protecting property or safety of others, and they must present inherent dangers that are specific to police officers and firefighter.

PERA Regular Disability Benefits: Regular disability benefits are paid at a rate of 45% of your average monthly salary benefit during the highest five consecutive years of earnings. In order to qualify for regular disability benefits, you must have a physical or psychological condition that is expected to prevent you from performing your normal duties for a period of at least a year. The disability can be non-work related, or it can be the result of a work injury incurred while performing duties that are not specific to protecting property or safety, or duties that are not inherently dangerous.

If you are a Minnesota police officer or firefighter considering applying for a PERA disability benefit or a PERA retirement benefit, you should very carefully consider all your options before making a selection.

Things you should keep in mind about PERA disability benefits:

Not all in-the-line of duty injuries automatically qualify for PERA duty disability benefits.
If you are found to be eligible for PERA duty disability benefits, you are also eligible for Continued Health Insurance Coverage under Minn. Stat. §299A.465.
There are tax advantages to a PERA disability benefit versus a PERA regular retirement.
You cannot apply for a PERA duty disability benefit if you are over the age of 55 and have more than 20 years of service credit.
You cannot apply for PERA regular disability benefits if you are over the age of 55 and have more than 15 years of service credit.
Even if you are not eligible for PERA duty disability benefits because you are over 55 and have in excess of 20 years of service credit, you are still eligible for Continuation of Health Insurance Coverage under Minn. Stat. §299A.465, if you otherwise meet the requirements for PERA duty disability benefits.
If your injury was more than two years prior to the date of your application for PERA duty disability benefits, you must show that you cannot perform the duties you were performing in the 90 days prior to your application.
You must procure two PERA Medical Reports from two different doctors supporting your claim for PERA disability benefits.
You must apply for PERA disability benefits within 18 months from the date you end your public service.
You must separate from service from a PERA covered position within 45 days of being approved for PERA disability benefits.
If you are not working, you can earn up to 100% of the salary currently paid for the position between PERA disability benefits and workers’ compensation benefits.
If you are re-employed, you can earn up to 125% of the salary currently paid for the position or your salary before you became disabled (whichever is higher), between your re-employment earnings, workers’ compensation benefits, and PERA disability benefits, and if you exceed 125%, your PERA benefit is reduced by $1.00 for every $3.00 earned in excess of the limit.

Deciding which benefit to apply for, and the application process itself can be extremely confusing and complicated. Unfortunately, it’s easy to make mistakes that can cost you hundreds of thousands of dollars.

Here are a couple examples of our recent successes:

We represented a Deputy Sheriff whose application for PERA duty disability benefits was denied on the basis that she was able to perform the light duty tasks she performed in the 90 days preceding her application, and that she was therefore, not disabled. We won her case at an Administrative Hearing, and subsequently were able to reach an agreement with the County as to her termination date so as to secure her a significant back award of PERA duty disability benefits, as well as Continued Health Insurance Benefits under Minn. Stat. §299A.465. We were also able to secure a substantial settlement of her workers’ compensation case.
We were awarded PERA duty disability benefits and Continued Health Insurance Benefits for a Police Officer who sustained serious shoulder injuries, resulting in several shoulder surgeries, when he fell down some stairs inside an abandoned building.
We secured PERA duty disability benefits and Continued Health Insurance benefits for a Police Officer who suffered a heart attack following a high speed pursuit of a drunk driver, and a physical altercation with the suspect after an on-foot pursuit. Our client had previously applied for, and been denied, PERA duty disability benefits. We were able to subsequently prove that his condition had substantially worsened in the interim, and that he was now disabled.
We secured PERA duty disability benefits and Continued Health Insurance benefits for a Police Officer who developed post-traumatic stress disorder after he shot and killed a suspect in the line of duty, and was unable to return to work in law enforcement.
We were awarded Continued Health Insurance benefits for a firefighter who was over the age of 55 and had in excess of 20 years of service credit, who sustained a severe low back injury after lifting an extremely obese patient during the course of a medical emergency call.
We secured PERA duty disability benefits and Continued Health Insurance Benefits for a Police Officer who sustained arm and elbow injuries after an altercation with a suspect. We also secured a substantial workers’ compensation settlement for him.

If you’re injured in the line of duty, and you’re concerned about your ability to continue working as a police officer or firefighter, it’s wise to consult with a workers’ compensation attorney who is also experienced in making claims for PERA benefits. It’s VERY easy to make mistakes on PERA claims that can result in you losing out on hundreds of thousands of dollars worth of benefits.

Jen Yackley and Ron Meuser at Meuser & Associate represent police officers and firefighters throughout the state of Minnesota for workers’ compensation and PERA disability claims. For a FREE, NO-OBLIGATION consultation to discuss your claims, call us at 952-345-2052 X.102, or click here to send us an email to schedule a time to speak with Jen or Ron.

Jen Yackley and Ron Meuser Speak at Annual Minnesota Conservation Officer’s Association Meeting

2011-12-11T14:50:00.001-06:00

Ron and I had the honor of being invited to speak at theAnnual Minnesota Conservation Officer’s Association meeting in St. Cloud onDecember 1, 2011. We gave a short presentation and held a question and answersession. We also had the pleasure of meeting several conservation officers andMr. Bruce Lawrence, president of the MNCOA.

Our talk addressed the importance of reporting your injuries, making sure you plan ahead if you're suffering from an injury or condition that may prevent you from returning to your career as a conservation officer, and hearing loss claims.

Most members of the MNCOA are sworn law enforcement officersof the Minnesota DNR enforcement division. As peace officers, Minnesotaconservation officers are subject to many of the same dangers as local police officers – injuries from altercations with suspects, injuries from dealing withdangerous individuals, injuries sustained while pursuing suspects. Conservationofficers also face some unique dangers associated with performing a substantialportion of their enforcement activities outdoors – injuries from ATV andsnowmobile accidents, slip and fall accidents due to rough outdoor terrain,exposure to the elements, and animal and insect bites.

Minnesota conservation officers are eligible for workers’compensation benefits, including medical benefits, wage loss benefits,permanency benefits, and rehabilitation benefits for on-the-job injuries.

As licensed peace officers, Minnesota conservation officersare also eligible for MSRS duty disability benefits and continuation of healthcare insurance under Minn. Stat. §299A.265 for in-the-line-of-duty injuriesexpected to prevent that officer from performing his or her normal duties for aperiod of a year or more.

We STRONGLY recommend that if you are a Minnesotaconservation officer, or any other peace officer in the State of Minnesota, andyou have a work-related injury, and you are concerned about your ability tocontinue performing your job, BEFORE you make any major decisions, talk to aqualified workers’ compensation lawyer that is also knowledgeable about MSRSand PERA duty disability benefits. There are things you can do to maximize youreligibility for both your workers’ compensation benefits, and your MSRSbenefits. Unfortunately, there are also simple mistakes you can make that cancost you thousands and thousands of dollars.

We are happy to provide a FREE, NO-OBLIGATION consultationto discuss your workers’ compensation benefits, as well as your eligibility forMSRS and/or PERA duty disability benefits.

Before you make any decisions about retirement or leavingthe DNR on a medical disability, talk to us! Call Meuser & Associate at877-746-5680 or click here to send us an email to schedule a time to speak withJen Yackley or Ron Meuser about your rights.

Avoid Ladder Disasters: Minnesota Workers’ Comp.

2011-04-22T07:00:00.002-05:00

According to OSHA, falls account for more than 16 percent of workplace injuries and almost 13 percent of all workplace deaths. According to the U.S. Consumer Product Safety Commission, more than 532,000 people were treated in hospital emergency rooms, doctors’ offices, and clinics in 2007 after falling off a ladder. Unfortunately, injuries that occur as a result of a fall from a ladder are often severe.

The nature and extent of injuries that occur as a result of ladder falls depends on the distance of the fall, what parts of the body hit the ground first, the position of your body parts when you fall and land, and the type of surface you land on.

Ladder falls can result in serious injuries, including spinal cord injuries, traumatic brain injuries, broken bones, or herniated discs. Sometimes these injuries can be life-changing.

There are things you can do to prevent falls from ladders.

Always inspect a ladder before use. Make sure ladder rungs are in place, intact, free from slippery substances, and have slip resistant surfaces. Make sure support braces, bolts, and screws are in place and tight. Make sure metal parts are lubricated. Inspect rope and check for wear or fraying. Ensure that spreaders or locking devices are in place. Check for splinters or sharp edges. Check to ensure that safety feet are in place. Check for dents and bends in metal ladders.

Select the right ladder for the job. I-A (heavy duty) ladders can hold up to 300 pounds, including the worker and his or her equipment. I (heavy duty) ladders can hold up to 250 pounds including a worker and equipment. II (medium duty) ladders can hold 225 pounds, and III (light) ladders can only hold up to 200 pounds. In addition, a stepladder should be no more than 20 feet high, a one-section ladder should be no more than 30 feet high, and an extension ladder can go up to 60 feet, but the sections must overlap.

Set up ladders properly. Ladders should be placed on a level surface, and wide boards should be used beneath the ladder on soft ground. A ladder’s feet should be parallel with the surface the ladder is resting against. The ladder should be extended so there are at least three feet above the top support. The top of the ladder should be anchored, and the bottom should be tied or held. A ladder should not be rested on a window or window sash, and should not be placed in front of a door. The distance from the base of the ladder to the wall should be one-fourth of the ladder. Extension ladders should be positioned before being extended.

Be safe while working on ladders. One person on a ladder at a time. Wear shoes with non-skid soles. Face the ladder while climbing up or down, and hold the rails with both hands. Carry tools up or down on a belt or with a rope or hoist, not in your hands. Keep one hand on the ladder while you work. Don’t step on the top two stepladder steps or top four ladder rungs. Keep your body centered on the ladder. Don’t move a ladder while you’re on it. Move slowly and cautiously while working on the ladder.

For more great ladder safety tips, visit Safety Daily Advisor.

If you’ve sustained injuries as a result of an on-the-job fall from a ladder in Minnesota, you may be entitled to workers’ compensation benefits. Minnesota workers’ compensation benefits include medical expenses, wage loss benefits, rehabilitation benefits, and permanent partial disability benefits.

For a free, no-obligation consultation to learn more about your Minnesota workers’ compensation rights, contact attorney Jen Yackley or Ron Meuser at 877-746-5680 or click here to send us an email.

Got questions about MN workers' comp? Visit our Minnesota Workers' Compensation FAQ!

Vote for Jake LaFerriere: America's Most Wanted All-Star!

2011-04-21T12:00:00.002-05:00

Voting starts today, April 21, 2011, for Minneapolis' own Jacob LaFerriere for America's Most Wanted 2011 All-Star which recognizes and honors America's most inspirational first-responders.

Jake suffered severe injuries while battling a house fire in July 2010, and his recovery, great attitude, and generosity have been nothing less than inspirational. To read more about his story, check out these links:

Minnesota Firefighter Jake LaFerriere Is In Line to Win $10,000 In America's Most Wanted All-Star Contest

Jake LaFerriere: Why We Do What We Do

Click here to vote for Jake! Voting runs from today, April 21, 2011 through May 8, 2011. You can vote once per day, per email. Let's help him win!

Help spread the word! Cross-posting of this post is permitted and encouraged!

At Meuser & Associate, we feel honored to work with wonderful people like Jake.

You Can Afford a GREAT MN Work Comp Lawyer!

2011-04-21T07:00:00.003-05:00

In Minnesota, attorney fees in workers’ compensation cases are set by statute, which means that the cost for our services is set by law. Because our fees are set by statute, cost shouldn’t factor into your decision as to whether to hire a lawyer, or which lawyer you decide to retain. We’re all paid the same amount. That means you can afford the BEST workers’ compensation lawyer in the state, or you can get the worst lawyer in the state, and the fees will be the same, although the best lawyer will probably be able to secure more benefits for you.

Workers’ compensation attorney fees in Minnesota are set at 25% of the first $4,000.00 in benefits recovered, and 20% thereafter, up to a maximum of $13,000.00 in attorney fees per date of injury.

In certain complex or difficult cases, your attorney can petition the court to allow fees beyond the $13,000.00 maximum. In cases involving disputes over your entitlement to medical care or rehabilitation benefits, your attorney can petition the court to award hourly fees called Roraff or Heaton fees, that are paid by the workers’ compensation insurance company, separately from any monetary benefits you receive.

Minnesota law-makers recognize the fact that the vast majority of injured workers can’t afford to hire an attorney and pay a retainer or hourly fees. That is why attorney fees in Minnesota workers’ compensation are contingent.

When attorney fees are “contingent,” it means that the attorney fees are set as a percentage of the amount of benefits that are recovered on behalf of the injured worker. It also means you pay nothing up front, you don’t pay a retainer, and you pay no attorney fees out of pocket. A Minnesota workers’ compensation lawyer should never ask you to pay attorney fees up front, or ask for a monetary retainer.

“Contingent” attorney fees also means that if your attorney is unsuccessful in securing benefits for you, there is no attorney fee. That means that you literally take on no risk by pursuing a workers’ compensation case. A workers’ compensation lawyer that takes on your case on a contingency fee basis bears 100% of the risk of being unsuccessful. Even if you lose, and your attorney spent 1,000 hours of time on your case, you won’t have a bill for his or her services at the end of your case.

Workers’ compensation attorneys also generally front all costs associated with your case. For example, it usually costs a few hundred dollars to secure copies of all your medical records, it may cost a few hundred dollars for deposition transcripts, and expert opinions can cost anywhere from a couple hundred dollars to over a thousand dollars. In some cases, the costs are minimal. In complex cases, the costs can run into the thousands or more. In Minnesota, reasonable costs incurred by your attorney in pursuing your case are reimbursable by the workers’ compensation insurance company, which means reimbursement for costs don’t come out of your pocket—they come out of the insurance company’s pocket.

Attorney fees in workers’ compensation cases are also limited to situations where there is a dispute. I’ve had clients tell me that their workers’ compensation adjuster told them that if they hire a lawyer, attorney fees will be taken out of their benefits, and they’ll get less money. That’s absolutely not the case. If your claim is admitted and the workers’ compensation insurance company is paying you benefits, no attorney fees will be withheld from your benefits. Attorney fees are only withheld if there is a dispute and your attorney has to do something either to secure your right to those benefits, or to prevent the insurance company from stopping those benefits.

It costs you nothing to speak with a Minnesota workers’ compensation attorney. We offer free, no-obligation consultations, which means that we sit down with you, discuss the facts of your case, talk about the types of workers’ compensation benefits you are entitled to, give you suggestions as to how best to proceed on your case, point out issues on your case that might cause problems, give you advice on how to protect your rights, and help you formulate a plan to help you end up where you want to be.

Our consultations are also no-obligation, which means that after you meet with us, and you decide you don’t need or want a lawyer, you’re not obligated to retain us. The important thing is that you’re more knowledgeable about your rights under Minnesota workers’ compensation law. Don’t assume that the workers’ compensation insurance company will tell you what your rights are. In fact, the general rule is that insurance companies generally are not obligated to tell your rights under Minnesota workers’ compensation law. If there's a "gray area" on your case as to whether you are entitled to certain benefits or not, the insurance company most certainly won't tell you, "well, you might have a claim for x, y, and z."

A lot of folks wait until there’s a dispute stewing between them and the insurance company over wage loss or medical treatment to speak with a lawyer. You do not need to wait until there’s a dispute. Even if the workers’ compensation insurance company has accepted liability for your work injury, it’s usually just a matter of time before a dispute does arise.

Even if you don't think there's a dispute on your case, you'd be shocked how often the workers' compensation insurance company underpays benefits. Some common underpayments we see involve undercalculating a worker's average weekly wage (AWW), failing to pay temporary partial disability (TPD) benefits, underpaying permament partial disability (PPD) benefits or simply not paying PPD at all. You may be pleasantly surprised to learn that you're entitled to additional benefits after consulting with a Minnesota workers' compensation lawyer.

If you retain a Minnesota workers’ compensation lawyer before a dispute arises on your case, we can provide you advice and guidance as your claim progresses to avoid a lot of common mistakes injured people make that can adversely affect their claims. It also allows us, as your attorneys, to spot issues before they come up, and to help guide you through the situation to protect your interests, and help you direct your claim in the direction you want it to go.

For a free, no-obligation consultation to learn more about your rights under Minnesota workers’ compensation law, call Jen or Ron at 877-746-5680 or click here to send us an email.

Visit us at MeuserLaw.com to learn more about your workers' compensation rights.

Applying for PERA Duty Disability Benefits: Five Easy Mistakes to Avoid

2011-04-20T07:00:00.003-05:00

We represent many, many police officers and firefighters covered under the Public Employees Retirement Association (PERA) Police and Fire Plan, for workers’ compensation claims, personal injury claims, and PERA disability claims.

If you are a Minnesota police officer or firefighter, and if you have a disability that is expected to prevent you from performing your normal duties as a police officer or firefighter for a period of at least a year, and if your disability “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,” Minn. Stat. §353.01, Subd. 45 (2009), you may be eligible for PERA duty disability benefits.

PERA duty disability benefits start at a minimum of 60% 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 service, you will receive an additional 3% of your salary for every year beyond 20 years of service.

PERA regular disability benefits start at 45% of your salary, or the equivalent of 15 years of service. Police and Fire Plan members who have an illness or injury expected to prevent them from performing the normal duties of their position for a period of a year, but the injury or illness was not-work related, or does otherwise meet the definition of “Duty disability,” may be eligible for Regular Disability Benefits.

In addition PERA Police and Fire Plan members may also be eligible for continuation of health care coverage under Minn. Stat. §299A.465, if they also qualify for duty disability benefits. That means the Employer must continue to pay your health insurance premiums until age 65.

These benefits can be worth thousands and thousands of dollars! Meuser & Associate regularly represents PERA Police and Fire Plan Members, PERA Corrections Plan Members, MSRS State Corrections Plan Members, and State Troopers covered under MSRS, for duty disability applications and appeals, healthcare continuation under Minn. Stat. §299A.465 applications and appeals, and regular disability applications and appeals.

Unfortunately, we see a lot of folks make mistakes when they’re applying for these benefits, and then they have to retain us to appeal an adverse decision. Most often, people applying for PERA benefits get denied, or don’t get awarded the benefit they’re applying for because they made mistakes on the initial application. It’s easier (and cheaper) to get it right the first time you apply, than it is to appeal and try to fix some easily avoided mistakes you made on your initial application.

Schedule a time to meet with a PERA or MSRS retirement counselor before you start completing your application. They will explain the various types of disability benefits that are available to you, and explain the application process. Many times, they are also kind enough to point out potential issues they might spot with your claim.
You are generally required to submit reports from two doctors indicating that you are disabled from performing the duties of a firefighter or police officer for a period of at least a year. Bring a copy of your job duties to your appointment, and explain to your doctor exactly what they need to fill out. If your doctors don’t indicate on the forms that you can’t perform the duties of a police officer or firefighter for a period of at least one year, you will not be considered to be disabled. This seems self-explanatory, but submitting forms that indicate you're not disabled will not help you get approved. Unfortunately, I've seen people do this in at least three separate cases.
The PERA disability application form gives space for about one paragraph to explain how your injuries occurred, and another paragraph to summarize your medical treatment. Don’t be afraid to attach additional pages to explain precisely how your injury occurred, and the medical treatment you’ve received. The PERA application form doesn’t really indicate the statutory requirements to qualify for duty disability, i.e., that your injuries or illness was incurred while performing duties that are specific to protecting property or safety, and that present inherent dangers specific to police officers or firefighters. If you don't do an adequate job of explaining how your injury fits into this definition, you may be denied duty disability benefits.
If your injury occurred more than 2 years before your disability began, special rules apply, or at least that’s how PERA is interpreting the law. For example, if you had a back injury, tried conservative therapy, underwent surgery, then tried to return to full duty, only to realize a couple years later that it just isn’t going to work, you will need to show that your disability prevents you from performing your duties in the 90 days prior to your application. PERA has interpreted this to mean that if your injury was over 2 years prior to your application, and you pushed papers on light duty in the 90 days before you apply, you must show that your disability prevents you from doing those light duty assignments. In many cases, you may be better off waiting until 90 days after your light duty ends to apply for PERA benefits. This is a very case specific situation, but you certainly don’t want to get denied for either regular disability or duty disability benefits based on what, in our opinion, is poor wording in the language of the statute.
If your claim is denied by PERA, or if you get awarded regular disability benefits when you think you qualify for duty disability benefits, don’t blow the appeal deadline! Depending on the basis for the denial, if you do not appeal PERA's decision, you may be barred from applying again based on the same injury or condition. If you do appeal, you will have adequate time to put together the materials you need to dispute the determination. And don’t wait until the day your appeal is due to consult with an attorney! Don’t assume that PERA’s right if you are denied. We can advise you if you have a basis for an appeal.

We’ve represented many Minnesota police officers and firefighters in applying for PERA benefits, and in appealing adverse determinations. Here’s some examples of a few of our more recent successes:

A young police officer sustained a shoulder injury several years ago while performing defensive tactics training. He had four surgeries to correct the problem with his shoulder, but kept going back to work. Last year, he seriously re-injured his shoulder while performing CPR, and underwent two more shoulder surgeries. Six shoulder surgeries later, and looking at a total shoulder replacement before age 40, his doctors finally convinced him that he can no longer perform the duties of a police officer. We completed his application for PERA duty disability benefits, which was approved within a matter of weeks, and he was also awarded healthcare continuation coverage under §299A.465.
A firefighter was at the scene of a major traffic accident on a Minnesota interstate. He parked a firetruck to block traffic because of the extremely icy conditions. As he was getting out of the rig, he slipped on the icy running board, and got hung up on the door handle, jerking his shoulder. After numerous conservative treatments failed, his doctors ultimately told him he could not continue working as a firefighter. This firefighter was over the age of 55, and had more than 20 years of service, so he was not eligible for duty disability benefits. He was, however, eligible for healthcare continuation under §299A.465, which we applied for and secured on his behalf.
A firefighter sustained a low back injury while performing CPR on a patient for an extended period of time. while his doctors determined that he was not a candidate for surgery, they ultimately concluded that he could not continue to safely perform the duties of a firefighter. We completed his application for PERA duty disability benefits, for which he was approved, and we also secured healthcare continuation benefits on his behalf.
A young firefighter injured her back while carrying a piece of equipment about four years ago, and suffered a severe flare up about a year and a half ago. She was placed under restrictions and was forced to resign when the fire department had no light duty available. She applied for disability benefits, but was denied because all three doctors reports she submitted indicated that she would NOT be disabled as a firefighter for a period of at least a year. We appealed because it was clear that her doctors didn’t fully understand the forms they completed for her. She underwent an FCE that showed that she was not physically capable of performing the duties of a firefighter, her doctors completed new forms indicating that she was disabled from performing the duties of a firefighter for a period of one year, and one of her doctors wrote a detailed expert opinion about the causes of her condition. We submitted this additional evidence and requested an administrative hearing, but PERA reversed its decision, awarding her PERA regular disability benefits, based on the additional evidence we secured and submitted on her behalf.

If you’re considering applying for PERA or MSRS disability benefits, it’s wise to consult with an attorney. For folks that find us on the internet, we offer a free, no-obligation consultation. Make sure you let us know you found us online. If we don’t think you have a claim, we’ll tell you. If we think you have a claim, but see some potential issues, we’ll tell you what they are. If you have a slam dunk case, we’ll tell you so, and you can decide whether or not you need our assistance in applying. If you don’t want to deal with the headache, or are concerned about putting together all of the information you need, we can complete your application for you. If you simply want to learn about disability benefits as a “back-up” plan, we’re happy to discuss your options with you.

Contact Jen Yackley or Ron Meuser at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation.

Minnesota Firefighter Jake LaFerriere Is In Line to Win $10,000 In America's Most Wanted All-Star Contest

2011-04-19T07:00:00.005-05:00

Jake sent me this Amercia's Most Wanted press release. Make sure to vote for him online every day beginning April 21st as America's Most Wanted All-Star!

Jake's story and his recovery are truly inspiring. Even more inspiring, however, is Jake's kindness and generosity. Despite the severity of his injuries, and his long road to recovery, Jake is using his experiences to help children who've sustained serious burn injuries.

Jake has advised us that if he is selected as America's Most Wanted All-Star, he intends to use the prize to help fund Firefighters for Healing, which helps financially disadvantaged children receive top-of-the-line medical care for burn injuries.

FirefightersforHealing.org is still under construction, but check back soon!

Check out Jake's contestant profile at America's Most Wanted or click here to learn more about Jake's story.

Visit us at MeuserLaw.com!

Keep Safe in Minnesota Work Zones! MnDOT Starts Roadwork Projects

2011-04-18T07:00:00.004-05:00

Now that winter’s (mostly) over, it’s time for road construction season in Minnesota. The Minnesota Department of Transportation announced its $900 million 2011 transportation construction program to increase safety, improve mobility, expand capacity, and preserve infrastructure statewide.

There are 258 state highway construction projects planned, as well as railroad crossing upgrades, repairs to seawalls and docks, runway and terminal repairs, and transit facility remodeling. “MnDOT is focused on improving our roads and bridges and maximizing the capacity of our multimodal transportation system to give the traveling public more options and improve Minnesotans’ quality of life,” said Tom Sorel, MnDOT Commissioner.

Major Minnesota projects include:

Converting Highway 169/Interstate 494 to a freeway to improve traffic flow and reduce congestion in Bloomington, Eden Prairie and Edina.
Rebuilding the Highway 52 Lafayette Bridge in St. Paul.
Continuing to resurface Interstate 94 between St. Paul and Minneapolis.
Constructing a new interchange at Highway 101 and Highway 13 in Savage.
Reconstructing the Highway 36 and Rice Street interchange and replacing the Rice Street bridge in Roseville/Little Canada.
Replacing and repairing bridge and pavement on Interstate 35 from Boundary Avenue to 26t Avenue East in Duluth.
Resurfacing Highway 34 from Park Rapids to Akeley, including installing turn lanes and replacing culverts.
Constructing four lanes on Highway 23 east of St. Cloud to Foley.
Replacing three bridges and resurfacing Highway 9 from the Norman/Clay county line to Highway 10.
Constructing a four-lane expansion, including bridges, on Highway 14 by Waseca.

For a complete list of projects, including construction dates and traffic impacts, visit the MnDOT construction website.

Most injuries and deaths happen to motorists driving through work zones, and the main causes of work zone crashes are excessive speed and inattention by drivers. Remember, fines may double for violating traffic laws in work zones. To keep motorists and construction zone workers safe in highway work zones, MnDOT offers these tips:

Obey posted speeds.
Watch out for work zones.
Stay alert, expect the unexpected.
Never enter a roadway that has been blocked with barriers or cones.
Don’t tailgate! Keep plenty of space between you and the vehicle ahead.
Anticipate lane shifts and merge when directed to do so.
Don’t change lanes unnecessarily.
Avoid using cell phones and mobile devices while driving in work zones.
Be patient. Expect delays, especially during peak travel times

If you’ve sustained injuries as a result of auto collision or a work zone accident, you may be entitled to compensation. Call us at 877-746-5680 or click here to send us an email to speak with Ron Meuser or Jen Yackley for a free, no-obligation legal consultation.

Riding for Fallen Officers: Officer Tony Ofstead

2011-04-17T07:00:00.041-05:00

The Woodbury Bulletin reports that 11-year Woodbury Police Department veteran Tony Ofstead will be going on a 250-mile bike ride from Chesapeake, Virginia to Washington, D.C., in May to raise awareness and funds for two charitable organizations that provide services for families of police officers killed in the line of duty.

Ofstead, with a team of about 20 riders from Minnesota, as members of Law Enforcement United, will raise money and awareness for Concerns of Police Survivors (COPS) and the Officers Down Memorial Page.

Concerns of Police Survivors (COPS) assists the families of police officers who die in the line of duty, and the Officers Down Memorial Page honors all police officers who are killed in the line of duty.

Team Minnesota’s goal is to raise $20,000.00. Ofstead is also selling Law Enforcement United buttons as part of his fundraising efforts and public donations can also be made at the Law Enforcement United website.

Two Minnesota police officers were killed on the job last year – Mahnomen County sheriff’s deputy Chris Dewey and Maplewood police officer Joe Bergeron – and 162 law enforcement officers died in the line of duty nationwide.

What an incredibly special way to honor and remember police officers who lose their lives in the line of duty.

To learn more about Minnesota workers’ compensation, visit us at MeuserLaw.com.

Health Care Workers and Workplace Violence

2011-04-16T07:00:00.000-05:00

According to Medical New Today, in September 2010, a nurse was attacked and beaten by a psychiatric patient at Franklin Hospital in New York. She suffered facial fractures requiring multiple surgeries as part of her recovery.

Unfortunately, this type of on-the job violence faced by nurses and other health care nurses is very common. According to studies, 430,000 nurses are victims of on-the-job violence each year, and OSHA estimates that 48% of all non-fatal injuries from occupational assaults and violence occurred in healthcare and social service settings. Sadly, there were also 69 homicides in the health services between 1996 and 2000. Among all healthcare workers, nurses are most likely to be assaulted, and most assaults occurred in hospitals, nursing and personal care facilities.

In 2000, health service workers overall suffered injuries causing days away from work as a result of violent assault at a rate of 9.3 per 10,000 full-time workers. For social workers, the rate was 15 per 10,000 workers, and for personal care facility workers, the rate was 25 per 10,000. In the overall private sector, the injury rate due to violent assault is 2 per 10,000.

The rate of violence in the health care field is actually much higher than OSHA’s figures represent. According to the Department of Justice’s National Crime Victimization Survey for 1993 to 1999, the average annual rate non-fatal violent crime for physicians was 16.2 per 1,000, for nurses, the rate was 21.9 per 1,000, for mental health professionals, the rate was 68.2 per 1,000, and for mental health custodial workers, the rate was 69 per 1,000.

OSHA notes that the actual number of incidents is probably much higher. Violence is likely to be underreported, due in part to the perception within the health care industry that assaults and violence are part of the job. Underreporting may also be due in part to a lack of institutional reporting policies or fear on the part of the employee that reporting violence may reflect poor job performance.

Violence can occur within any area of the health care industry. The health care industry includes public and private hospitals, nursing and residential care facilities, home health care services, outpatient care centers, ambulatory care centers, and medical and diagnostic laboratories. Occupations within this field include, but are not limited to, physicians, surgeons, dentists, dental hygienists and assistants, registered nurses (RN), licensed practical nurses (LPN), licensed vocational nurses (LVN), physician’s assistants, social workers, physical therapists, psychiatrists, psychologists, radiologists, audiologists, chiropractors, dieticians and nutritionists, pharmacists, optometrists, podiatrists, radiologists, technicians, emergency medical technicians (EMT) and paramedics, nursing aids, certified nursing assistants (CNA), home health aides, orderlies and attendants, occupational therapists, medical assistants, personal aides and home health care aides.

Violence is NOT a normal part of the job, nor is it acceptable. If you’re injured at work, even if it seems relatively minor, it is very important that you report it!

I represented a woman who did in-home health care. Over the course of a few years, she had several separate instances where she was assaulted by the clients she was caring for. At the time, she didn’t really think she was injured, but she started to develop worsening low back pain. Finally, while restraining a client who was demonstrating violent behaviors, her back pain suddenly became severe. Within a few months, she had to undergo a two-level fusion in her low back. All of the relatively small injuries she sustained over a few years contributed to significant wear and tear in the discs in her low back, and the final incident, although it was relatively minor, was the proverbial straw that literally broke her back.

Protect your health and your livelihood by reporting your injuries!

Meuser & Associate has represented dozens and dozens of Minnesota health care workers who have sustained on-the-job injuries as a result of violence, or otherwise. Health care workers who sustain injuries arising out of and in the course and scope of their employment may be entitled to workers’ compensation benefits.

For a free, no-obligation consultation to learn more about your Minnesota workers’ compensation rights, and how to protect yourself if you’re injured on the job, call us at 877-746-5680 or click here to send us an email to speak with Ron Meuser or Jen Yackley.

Can I Receive Social Security Disability (SSDI) and MN Workers’ Compensation at the Same Time?

2011-04-15T08:00:00.000-05:00

People who sustain serious injuries at work in Minnesota may be eligible for BOTH workers’ compensation wage loss benefits and Social Security Disability Insurance (SSDI) benefits. In other cases, a work injury, in combination with other non-work related medical conditions may qualify an injured worker for both SSDI and Minnesota workers’ compensation benefits.

If you are pursuing a SSDI disability claim, based in whole or in part on a work injury or a medical condition caused by your work activities, you should strongly consider exploring a Minnesota worker’ compensation claim as well.

We routinely meet folks in our Minnesota workers’ compensation practice who pursue a SSDI disability claim and overlook their potential workers’ compensation claims. In many instances, you can receive both! Don’t leave money sitting on the table!

The Social Security Administration (SSA) allows simultaneous receipt of medical and disability benefits with workers’ compensation benefits, up to a maximum of 80% of the employee’s average current earnings (ACE) at the onset of his or her disability. The Social Security Administration will, however, “offset” or reduce SSDI payments if the combination of workers’ compensation and social security benefits exceed 80% of the ACE.

If you are receiving Temporary Total Disability (TTD) benefits, the employer/insurer does not get an offset from workers’ compensation benefits payable based on receipt of SSDI benefits. Instead, the SSA gets to reduce your SSDI benefits based on the amounts you’re receiving from workers’ compensation.

The situation changes if you’re receiving Permanent Total Disability (PTD) benefits. Minn. Stat. § 176.101, Subd. 4, permits the workers’ compensation insurance carrier to reduce the weekly compensation benefit dollar-for-dollar based on the receipt of SSDI benefits after paying $25,000.00 in Permanent Total Disability (PTD) benefits. The employer/insurer only gets the benefit of this offset if the SSDI benefits and the workers’ compensation benefits are based on the same injury or injuries.

If the injury causing your disability occurred before October 1, 1995, you may be eligible for “supplementary benefits” to cover the “gap” between your weekly benefit rate after adjusting for the receipt of SSDI benefits, and the minimum PTD benefit rate.

For injuries on or after October 1, 1995, the Minnesota legislature did away with supplementary benefits. Instead, the legislature has adopted minimum PTD rates. The amount of your monthly SSDI benefit is then subtracted from your compensation rate, or the minimum PTD rate, whichever is higher.

Annual adjustment of benefits may also come into play in PTD claims.

In many cases, you can receive both Minnesota workers’ compensation benefits, and Social Security Disability benefits. As you can see, correctly calculating your benefit rate when you’re receiving both types of benefits is complicated.

If you’ve applied for Social Security Disability benefits based in whole or in part on injuries you sustained at work, you may have a Minnesota workers’ compensation claim in addition to your SSDI claim.

For a free, no-obligation consultation with Jennifer Yackley or Ronald F. Meuser, Minnesota workers’ compensation lawyers, to discuss your potential workers’ compensation claim, call us at 877-746-5680 or click here to send us an email.

We work on a contingency fee basis, which means our attorney fees are based on the amount we recover on your behalf. It also means that there is no fee unless we recover benefits on your behalf.

Top 25 Property/Casualty Insurance Companies of 2010: How Does Your Insurance Company Rate?

2011-04-14T08:00:00.001-05:00

A.M. Best released its annual list of the top 25 insurance companies in terms of net premiums written in 2010. Is your auto insurer or workers’ compensation insurer on the list?

1. State Farm Group—$50,808,635
2. Allstate Insurance Group—$24,796,656
3. Liberty Mutual Insurance Cos.—$21,483,996
4. Berkshire Hathaway Insurance—$21,358,316
5. Travelers Group—$20,594,458
6. American International Group—$19,687,720
7. Nationwide Group—$14,489,531
8. Progressive Insurance Group—$14,476,676
9. Farmers Insurance Group—$14,129,512
10. USAA Group—$10,679,414
11. Hartford Insurance Group—$9,688,760
12. Chubb Group of Insurance Cos.—$8,927,736
13. CNA Insurance Cos.—$6,188,618
14. American Family Insurance Group—$5,324,290
15. Allianz of America—$4,666,301
16. Auto-Owners Insurance Group—$4,485,442
17. Munich-America Holding Corp.—$4,413,834
18. Zurich Financial Services NA Group—$4,400,123
19. Erie Insurance Group—$4,019,273
20. Ace INA Group—$3,705,475
21. Transatlantic Holdings Inc. Group—$3,418,020
22. W.R. Berkley Group—$3,392,330
23. The Hanover Insurance Group Property & Casualty Cos.—$3,053,508
24. MetLife Auto & Home Group—$2,983,236
25. Cincinnati Insurance Cos.—$2,965,462

Keep in mind that bigger doesn’t always mean better. You’ll recognize some of the “biggest” insurers also appear on the American Association for Justice’s list of Top Ten Worst Insurance Companies for consumers. Is your insurer on THAT list?

Insurance companies are businesses. Their most basic goal is to pay out less in claims than they make in premiums. Every claim paid out, whether it is a workers’ compensation claim, a no-fault claim, or an auto liability claim, cuts into their profits.

If you’ve sustained injuries as a result of an auto accident, or if you have a work-related injury, you are a liability in the eyes of the insurance company. Their end-of-the-day goal is to pay you as little as possible.

Whether you’ve got a Minnesota workers’ compensation injury, or injuries as a result of a Minnesota car accident, an experienced attorney can help make sure you get the compensation you are entitled to. For a free, no-obligation consultation with Jen Yackley or Ron Meuser, workers’ compensation and personal injury lawyers at Meuser & Associate, call us at 877-746-5680 or click here to send us an email.

New Study Shows Meditation Helps Reduce Pain

2011-04-13T08:00:00.000-05:00

I ran across an interesting article in Medical News Today reporting on a recent study out of Wake Forest studying the effects of meditation on reducing pain.

Healthy individuals were subjected pain stimulation while their brain activity was monitored on an MRI.

After these individuals were trained in meditation techniques, MRI imaging showed a reduction in the areas of the brain that were activated in response to pain without using meditation techniques.

In addition to the differences evident in the MRI scans, Dr. Fadel Zeidan noted that meditation also produced a significant reduction in pain intensity and in pain unpleasantness. Specifically, meditation resulted in about a 40 percent reduction in pain intensity and a 57 percent reduction in pain unpleasantness.

The type of meditation used during this study was Shamatha, which focuses on learning how to observe what’s going on in one’s mind and body without judging, and while maintaining focus on one’s breathing or a chanted mantra.

Interesting stuff. Obviously, not all pain can be relieved or cured by meditating, but this study seems to show that meditation may be an option for people who have run out of other medical treatment options to control their pain. Certainly, if an pain can be reduced, it can improve his or her functioning and quality of life.

I haven’t run across a Minnesota case yet in my practice where an individual has specifically sought payment from a workers’ compensation insurer for a course of training in meditation techniques. However, many chronic pain programs designed to help seriously injured individuals learn cope with pain do utilize meditation as a pain control technique.

Under Minnesota workers’ compensation law, most types of medical treatment are covered. So-called alternative or holistic treatments are also generally covered, although they are often disputed by the workers’ compensation insurance companies. In my opinion, if an injured worker’s doctor has recommended a course of training in meditation techniques to help control pain, and if meditation does indeed help an individual control his or her pain levels, certainly that would be preferable to taking daily doses of narcotic medication, both for the injured worker, and for the insurance company who foots the bill.

There are a wide variety of medical benefits available to injured workers under Minnesota workers’ compensation, in addition to other benefits. To learn more about your Minnesota workers’ compensation rights, contact us at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation with Jen Yackley or Ron Meuser.

New York City Fire Department and Marvel Unveil Fire Safety Comic Book

2011-04-12T08:00:00.001-05:00

Fire commissioner Salvatore Cassano, Chief of Operations Robert Sweeny, Marvel Comics Editor Bill Rosemann, Hot Dog the FDNY Fire Safety Mascot, Captain America, and Spider-Man appeared at Midtown Comics in Manhattan on April 5, 2011 to announce the release of a new Marvel comic book featuring FDNY firefighters and Marvel superheroes including Captain America and Spider-Man fighting fires and villains, and sharing valuable lessons about fire safety.

Mr. Rosemann noted that “[s]ince the real heroes of New York are the firefighters, we knew we had to make this the best comic book ever.” According to Mr. Rosemann, “[t]his book is not only fun and entertaining, but you learn tips to keep you and your family safe if there’s a fire in your home."

The comic books are free and available at FDNY Fire Safety Education events and the FDNY Fire Zone in Rockefeller Center, while supplies last. You can also view the entire comic online at Marvel.

Visit us at MeuserLaw.com to learn about Minnesota workers’ compensation!

36 Minnesota State Troopers Hit On Minnesota’s Highways Since November

2011-04-11T08:00:00.004-05:00

Minnesota State Trooper Brian Bammert was rear-ended by a van while on a traffic stop on Saturday, April 2, 2011 on Interstate 94 in Minneapolis. Trooper Bammert was transported to the hospital, treated and released. Trooper Bammert was expected to return to patrol duty on Wednesday, April 6^th.

According to WCCO, this was the second time Trooper Bammert has been hit while performing a traffic stop within six weeks.

Watch out for stopped emergency vehicles!

Since November 1, 2010, 36 State Troopers have been struck on Minnesota Highways. Last year, between November 2009 and April 2010, there were 14 Troopers struck on Minnesota roads.

Minnesota State Troopers and other emergency responders who sustain injuries as a result of a car accident while in the line of duty may be eligible for a variety of benefits, including workers’ compensation benefits, personal injury claims, or MSRS/PERA duty disability benefits.

Meuser & Associate represents dozens of police officers throughout the state of Minnesota, including several State Troopers, and we’re very knowledgeable about the special issues that arise in these cases.

For a free, no obligation consultation regarding your rights after a duty-related motor vehicle accident, call Ron or Jen at 877-746-5680 or click here to send us an email.

Serice Construction Employee Injured in Forklift Accident in Eden Prairie on April 8, 2011

2011-04-10T13:28:00.000-05:00

According to Kare11, police and first responders were called to 6855 Shady Oak Road in Eden Prairie, Minnesota just after 8:30 a.m. on Friday morning, April 8, 2011.

The 911 call reported that a Serice Construction employee was pinned between a forklift and a garage door frame. When first responders arrived, he had been freed, but he was transported to Hennepin County Medical Center with non-life threatening injuries.

Eden Prairie Police and OSHA are investigating the incident.

Each year, about 100 workers are killed in the United States, and an additional 20,000 are seriously injured in forklift accidents at work.

Forklift accidents can be caused by:

Tipping over. Carrying loads that are too heavy can cause a forklift to overturn. Forklift overturns are the most common cause of fatalities involving forklifts. Forklifts that tip over can crush nearby workers, or crush the worker operating the forklift.
Falling objects. Forklift drivers can be seriously injured or killed by objects falling and hitting the driver while operating a forklift. If the forklift is operated in a confined area, the risk of hitting something with the forklift or with the load, which then falls onto the driver is magnified. Falling loads can also seriously injure or kill workers who are near the forklift.
Driver Ejection. Falling from a forklift is one of the most common causes of forklift fatalities for workers.
Being struck by a forklift. Another common cause of forklift-related deaths is when a nearby worker is struck by a forklift. This can happen when a worker fails to notice an oncoming forklift, or if the forklift does not have signal alarms.
Lifting workers. Forklifts are not designed to be used to elevate workers. Should the operator lose control, a worker elevated on a forklift can fall and be seriously injured or killed.
Poor Driving Conditions. Poor visibility, narrow pathways, obstructed intersections, obstacles, and unsafe floor or ground conditions can all cause forklift accidents.

If you’ve been involved in a forklift accident at work in Minnesota, you may be entitled to Minnesota workers’ compensation benefits, including medical expense benefits, wage loss benefits, rehabilitation benefits, and permanent partial disability benefits. If you are hurt at work, make sure you receive all the benefits you are entitled to. For a free, no-obligation consultation regarding your workers’ compensation case, contact Meuser & Associates at 877-746-5680 or click here to send us an email.

Two Injured in 3-Vehicle Collision in St. Cloud on April 7, 2011

2011-04-09T12:15:00.000-05:00

According to the St. Cloud Times, two people were taken to the hospital after a three-vehicle collision on Thursday, April 7, 2011 in St. Cloud.

The three vehicles were in traffic at 14th Avenue and Highway 23, when the third car rear-ended the second car, which pushed the second car into the first car. The driver that initiated the chain reaction crash was cited for inattentive driving.

Be careful out there on Minnesota’s roads!

To avoid being involved in a motor vehicle collision, check out these safe-driving tips:

Know your blind spots. All vehicles have blind spots. Most cars have blind spots at the sides near the rear of the vehicle, which means you can’t see anything in these areas by looking in your mirrors. Check your mirrors while you’re driving, and turn your head and check your blind spots before making a lane change.

Avoid distractions. If you stop paying attention to the road for even a second or two, it can be long enough for an accident to happen. Some of the most common driving distractions include eating, drinking, applying make-up, taking or texting on a cell phone, reading a map, adjusting the radio or MP3 player, dealing with kids in the backseat, or even just taking to passengers. At 60 miles per hour, you travel 90 feet per second, which means if you look down for one second to change songs on your IPod, it can be long enough to rear-end a stopped vehicle in front of you.

Avoid backing up. Take special care to make sure you don’t back up without visually clearing the area behind your vehicle first. Each year, many children are run over in their own driveways because drivers didn’t look behind their vehicles first. Once you’ve checked the area behind your vehicle, turn and look to the rear while you back up. Parking lot back-up accidents are extremely common. Always look behind you while you’re backing up to avoid hitting another vehicle, or a pedestrian walking through the lot.

Beware of intersections. Intersections are one of the most dangerous areas for drivers. Over 80% of all city collisions involving injury or death occur within controlled intersections, or intersections where there is a stop light. The majority of collisions at controlled intersections happen within 4 seconds of a light change. Don’t assume that because you have a green light that someone else on the road won’t mess up and hit you. Keep an eye out for the other guy.

Be a freeway pro. Freeways, expressways, and interstates require special driving skills. Due to the high speeds and density of traffic on freeways, mistakes are much more likely to cause an accident. For example, most on-ramps allow enough space for you to get up to freeway speeds before you enter the freeway. Get up to speed before you enter the freeway and watch freeway traffic to allow yourself to enter safely. Before you change lanes, turn your head and look over your shoulder to check for vehicles in your blind spots. Drive at a safe speed. Excessive speeds or driving too slowly increases dangers for everyone on the freeway.

For more great safety tips, click here.

If you’ve sustained a personal injury in a car accident as a result of someone else’s negligence or carelessness, you may be entitled to compensation for your medical expenses, wage loss, and pain and suffering. For a free, no-obligation consultation about your personal injury case, contact Ron Meuser or Jen Yackley at 877-746-5680 or click here to send us an email.

Dangers of Trench Collapse in Minnesota

2011-04-08T08:00:00.001-05:00

Trench collapse is probably one of dreaded types of construction accidents. Trench construction is highly regulated by OSHA and other state and federal entities to avoid serious injury or death to people working in or around trenches. Despite these regulations, trench collapses still happen with a fair amount of regularity.

Trench collapses and cave-ins can be caused by failure to follow safety guidelines, negligence or carelessness, flooding, improper shoring, equipment defects, machinery resting too close to the edge, inadequate safety equipment, or poor digging. Regardless of the cause, injuries sustained by workers involved in a trench collapse are almost always severe.

Trenches are associated with any number of dangerous. For example, workers can sustain serious injury if they accidentally fall into a trench. They can be injured if an object falls into the trench, striking them. Workers in trenches can be electrocuted or burned or killed in an explosion if a utility line is ruptured during excavation. Excavators and the workers operating them can tip into an open trench of the sides of the trench are not properly supported, or if the sides give way. Workers in trenches also face the risk of being overcome by the sudden release of gasses, either from a ruptured gas pipe, or from naturally occurring gases. The risk of a worker drowning in a trench occurs when a trench is too deep for the worker to get out of easily, or there is no escape access, and the trench fills with water from a ruptured pipe. The sudden release of water into a trench can also cause the ground materials forming the sides of the trench to suddenly collapse, trapping workers in deadly mud.

The most deadly type of trench accident is trench collapse, where the ground materials of a trench collapse, burying a worker. The sheer weight of soil or other ground material can crush or asphyxiate a worker in a very short period of time. Rescuing a partially buried worker is extremely difficult, and the worker may have sustained fatal injuries by the time he or she is rescued. Broken bones, lung collapse, back and neck injuries, and amputation injuries are all common when a construction worker is trapped in a collapsed trench.

Some common types of trench collapse or cave-in injuries include:

Asphyxiation
Drowning
Lung collapse
Broken legs and ankles
Broken arms, wrists, and hands
Knee injuries
Shoulder injuries
Nerve damage in the extremities
Spinal cord injuries
Injuries to the internal organs
Traumatic brain injuries
Neck injuries
Back injuries
Broken hips or pelvis
Crush or amputation injuries
Lacerations

Minnesota construction workers who are injured in trench cave-ins or other trench accidents are generally entitled to Minnesota workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and rehabilitation benefits.

If the trench accident was caused by the negligence or carelessness of an entity other than the construction’s employer or a co-worker, in addition to a workers’ compensation claim, the injured worker may also have what’s known as a third-party liability claim, which includes claims for medical expenses, wage loss benefits, and pain and suffering.

If your loved one died as a result of a trench collapse accident in Minnesota, you may be eligible for Minnesota workers' compensation death and dependency benefits, and you may have a wrongful death claim if the trench cave-in was caused by the negligence of a third party.

If you’ve sustained injuries as a result of a trench accident in Minnesota, make sure you get all the benefits you’re entitled to. Contact Meuser & Associate at 877-746-5680 or click here to send us an email for a free, no-obligation case evaluation consultation with one of our Minnesota workers’ compensation lawyers.

Weed, Work Comp, and Bears, Oh My!

2011-04-07T08:00:00.002-05:00

Workers’ compensation is a form of no-fault insurance that provides various benefits to injured workers, regardless of whether the employer is at fault for the injuries. It also means that even if the employee is “at fault” for his or her own injuries, by virtue of the employee’s negligence, carelessness or even stupidity, those injuries are usually still covered by workers’ compensation in Minnesota.

One exception in Minnesota is if an injured worker is intoxicated at the time of the injury, and the intoxication is found to be the proximate cause of the injury, the employer is not liable for payment of workers’ compensation benefits.

A positive drug or alcohol test or admitted drug or alcohol use prior to an on-the-job injury in Minnesota will usually result in a denial of a workers’ compensation claim by the workers’ compensation insurance company. Just because the workers’ compensation insurance company denies the claim, however, doesn’t mean that they won’t ultimately be found liable for benefits.

In Minnesota, in order to succeed on an intoxication defense, it is the burden of the employer to show that the intoxication was the proximate cause of the injury. What this means is that the employer must show that the drug or alcohol intoxication directly caused the injuries. In many, if not most cases, the employee’s injury would have occurred regardless of whether or not the employee was intoxicated at the time of the injury. Moreover, a positive drug or alcohol test doesn’t automatically prove that an employee is intoxicated. An employer will have to prove that the employee was actually intoxicated at the time of the injury.

A recent and controversial case out of Montana illustrates this point. Brock Hopkins was mauled by a grizzly bear at Great Bear Adventures in Montana when he entered a bear cage to feed the grizzly bears. He was awarded benefits, but his case involved a number of disputed issues. Most interestingly, Brock Hopkins admitted that he smoked some weed that morning before he entered the bear cage. His employer of course, argued that he should not be awarded benefits because he was stoned, and his intoxication was the proximate, or direct cause of his injuries. The Montana Supreme Court upheld the award of benefits by the Workers’ Compensation Court.

The Montana Supreme Court noted that "Hopkins' use of marijuana to kick off a day of working around grizzly bears was ill-advised to say the least and mind-bogglingly stupid to say the most," but further noted that grizzlies are "equal opportunity maulers," without regard to marijuana consumption. Without evidence of Hopkins' level of impairment, the Montana Supreme Court upheld the Workers’ Compensation Judge’s conclusion that marijuana was not the major contributing cause of Hopkins' injuries.

I would venture to say that had this case occurred in Minnesota, the result would probably have been the same.

To read more about this case, check out this Workers’ Comp Insider article, or read the Montana Supreme Court decision.

For a free, no-obligation consultation regarding your Minnesota workers’ compensation rights, contact Meuser & Associate at 877-746-5680 or click here to send us an email.

Whiplash Injuries and Minnesota Car Accidents

2011-04-06T08:00:00.040-05:00

Whiplash injuries are one of the most common types of injuries we see in our Minnesota personal injury practice. Whiplash is most commonly caused by a rear-end car accident. Whiplash is also known as a hyperextension/hyperflexion injury.

Whiplash is a neck injury that often occurs as the result of a rear-end auto collision, when your head suddenly moves backward, then forward. The extreme forces involved in an auto collision can push your neck muscles and ligaments beyond their normal range of motion. Whiplash can be relatively minor or it can be more severe.

Most whiplash symptoms develop within 24 hours after the injury, and often include:

Neck pain and stiffness
Headaches
Dizziness
Blurred vision
Fatigue

Some people also experience:

Difficulty concentrating
Memory problems
Sleep disturbances
Ringing in the ears
Irritability

You should seek medical care promptly if:

The pain spreads to your shoulders or arms
Moving your head becomes painful
You experience numbness, tingling, or weakness in your arms

Many people recover from mild whiplash injuries within a few weeks, but up to half of people who suffer a whiplash injury continue to have pain for months after the injury.

When you see your doctor, he or she will probably ask how the injury occurred, and he or she may test your range of motion, or how far you can move your neck in various directions. He or she may also check to see if certain areas of your neck are particularly tender to touch. To rule out neurological deficits, your doctor may also check for diminished muscle strength, reflex abnormalities, or numbness. To rule out more serious injuries, your doctor may also order x-rays, a CT-scan, or an MRI.

Whiplash is commonly treated with:

Medications, such as over-the-counter pain killers, prescription pain-relievers, injections, or muscle relaxers
Physical therapy, including ice, heat, ultrasound, strengthening, and exercises
Or, chiropractic care, massage, acupuncture, and electrical muscle stimulation.

For more information , visit the Mayo Clinic’s page about whiplash injuries.

Whiplash can be extremely painful, it can limit your ability work, and it can interfere with your ability to do things you enjoy doing. Unfortunately, insurance companies consider whiplash injuries to be very minor injuries. Your No-Fault insurance company will almost invariably seek to discontinue your entitlement to medical expense benefits if you’ve sustained a whiplash injury, and the at-fault party’s insurance company will almost always view these types of injuries as minimal.

If you’ve sustained injuries in a car accident as the result of someone else’s fault, you may be entitled to compensation for your medical expenses, your wage loss, and your pain and suffering. For a free, no-obligation with one of our Minnesota personal injury attorneys, call Meuser & Associate at 877-746-5680 or click here to send us an email.

OSHA’s 2010 List of Top Ten Most Common Violations

2011-04-05T08:00:00.001-05:00

According to Risk & Insurance Online, OSHA has released its Top 10 list of most frequently cited violations. These violations are cited by OSHA because of the significant dangers they pose to workers.

Scaffolding - general requirements. Scaffolding regulations aim to protect construction workers from falls and falling objects while working on or near scaffolding at heights of 10 feet or more.
Fall protection - general requirements. Fall protection regulations are designed to protect employees on a walking/working surface with an unprotected side or edge above 6 feet.
Hazard communication – Thee guidelines address chemical hazards and the communication of them to workers.
Respiratory protection – Respiratory regulations direct employers in establishing/maintaining a respiratory protection program.
Ladders - general requirements for all ladders. These requirements protect workers from fall dangers.
Lockout/tagout – These regulations addresses the control of hazardous energy during servicing and maintenance of machines and equipment.
Electrical - wiring methods. These guidelines deal with the grounding of electrical equipment, wiring, and insulation.
Powered industrial trucks –These rules cover the design, maintenance, and operation of powered industrial trucks.
Electrical - general requirements. These requirements deal with general safety requirements for designing electrical systems.
Machine guarding - general requirements. These rules cover guarding of machinery to protect operators and other employees from hazards.

If you’ve sustained a work-related injury either as a result of OSHA violations, or otherwise, you may be entitled to Minnesota workers’ compensation benefits, including wage loss benefits, medical expense 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.

Visit us at MeuserLaw.com!

Jake LaFerriere: Why We Do What We Do

2011-04-04T08:20:00.003-05:00

Why do we practice Minnesota workers’ compensation law? Because of people like Jake LaFerriere. It’s a privilege and an honor to work with and help people like him.

Jake LaFerriere, a Minneapolis Firefighter, responded to a residential structure fire on July 3, 2010. While Jake and his partner were conducting overhaul of the third story of the structure, looking for the source of the fire, a backdraft explosion suddenly blasted Jake across the room. To escape the fire and smoke, Jake jumped out of a third-story window, landing on the roof of the first floor porch. He sustained a broken ankle, torn ligaments in his knee, and third and fourth degree burns on his hands.

After months of recovery and physical therapy, Jake is back at work in a light duty capacity and he looks forward to returning to firefighting.

Watch Jake’s recent interview on WCCO Channel 4 and read his story here.

You can also read an interview Jake did with Fox9 here.

Jake was also interviewed by Weasel, Josh, & Nick on the 93X Half-Assed Morning Show, which you can download and listen to by clicking here.

Jake is truly an inspirational guy, and we’re not alone in thinking so. Jake was nominated by his mom as one of “America’s Most Wanted All-Stars,” a program run by the makers of “America’s Most Wanted,” the crime series, to honor America’s most inspirational first responders, and he was selected as a finalist!

America’s Most Wanted All-Stars will select a total of eight finalists, and voters will select the winner. In addition to the huge honor of being selected as “America’s Most Wanted All-Star,” the winner will receive $10,000.00 and a trip to the NASCAR SPRINT Cup Series All-Star Challenge.

Jake's story was featured on America's Most Wanted on Fox on April 1, 2011. Click the video to below to watch the clip from America's Most Wanted.

Beginning April 21, go vote for Jake for “America’s Most Wanted All-Star!” You can vote once per day, per email address, through May 8^th! Click here to view Jake's profile and to vote for him!

Stay tuned for more news about Jake and for updates on his participation in America's Most Wanted All-Stars!

To learn more about Minnesota workers' compensation, visit us at MeuserLaw.com!

Medical Bills Leading Cause of Bankruptcy: Don’t Let Work Comp. or Personal Injury Bills Send You Into Financial Ruin

2011-04-04T08:00:00.002-05:00

I ran across an interesting article in the Hutchinson Leader about the rates of bankruptcy filings related to medical bills. Dr. David Himmelstein, a professor of public health at City University in New York and an associate professor of medicine at Harvard Medical School noted that medical-related bankruptcies went up substantially between 2002 and 2007, even before the economic recession began.

Interestingly, the vast majority of people filing for bankruptcy due to medical bills actually had some form of insurance. Dr. Himmelstein noted that “[m]ost people who are driven into bankruptcy by illness and medical bills actually have coverage, but it’s such inadequate coverage that it doesn’t keep them from financial ruin…they’re facing huge premiums and copayments and deductibles – and things that aren’t covered by their insurance.”

Dr. Himmelstein cautions against targeting public-sector health benefits and benefits through health and human services for budget cuts. Leaving people with worse coverage will lead to more people incurring greater medical expenses.

If you’ve sustained a personal injury as a result of a motor vehicle accident due to someone else’s fault, or if you’ve sustained a work-related injury and the insurance company is denying your claim, outstanding medical bills can pile up quickly. We can help get these bills paid. Don’t let an injury force you into financial ruin.

We understand how frustrating and stressful it can be when you're injured and your medical bills are piling up. If you're off work, and you've lost your insurance, paying for your bills out of pocket probably isn't an option. We can help get those bills paid.

If you’ve sustained a Minnesota work injury or personal injury, and need help with your medical expenses, contact us for a free, no-obligation consultation. Call us at 877-746-5680 or click here to send us an email to speak with one of our lawyers.

Visit us at MeuserLaw.com!

Avoid Minnesota Bike Accidents This Spring

2011-04-03T11:42:00.000-05:00

The snow is finally going away, and that means people are going to be hitting Minnesota roads on bicycles. Unfortunately bicycle versus car accidents happen all too frequently. No matter who is at fault, when a bike rider is hit by a car, usually the cyclist comes out on the losing end.

To avoid bicycle accidents, follow these common sense tips:

Use your head – wear a helmet! Helmets can prevent concussions, traumatic brain injuries, and even death.
Before you hit the roads, make sure your bicycle is in good working order. Check the brakes, make sure the handlebars won’t slip, check your reflectors, make sure your cranks are tightened, and check that the quick release hub bolt is closed.
Obey the rules of the road! Bikes are required to follow the same traffic laws as motor vehicles. That means you must stop for stop signs and stop lights, even in residential areas.
Ride your bike like a motorist. Follow the flow of traffic on the right-hand side of the road. Use signals to alert drivers as to your intentions. Obey traffic signals.
Be visible. Make sure you have reflectors on your bicycle, and wear bright clothing so motorists can see you more easily.
Pay attention. Just like motorists, stay off the cell phone! Don’t use headphones, and keep both hands on the handlebars.
Watch out for motorists. Even if you’re doing what you are supposed to, keep your eye on the other guy. If you’re involved in a car versus bicycle accident, you’re probably going to come out on the losing end, even if you’re not at fault.

Injuries sustained by bicyclists involved in a car versus bike accident are almost always severe. Make sure your medical bills are paid, you are reimbursed for your wage loss, and you are compensated for your pain and suffering. Don’t try to take on the insurance company by yourself. A good Minnesota personal injury lawyer can help make sure you are compensated for your losses.

If you are injured as a result of a bicycle accident due to someone else’s carelessness or negligence, call us at 877-746-5680 or click here to send us an email for a free, no-obligation consultation with one of our Minnesota personal injury lawyers.

Visit us at MeuserLaw.com!

MN State Trooper Injured in Crash on I-94 on April 2, 2011

2011-04-02T22:34:00.002-05:00

According to Kare11, a Minnesota State Trooper is recovering after a motorist struck his patrol car on Interstate 94 in Minneapolis around 8:00 p.m. Saturday, April 2, 2011, between 42nd and 49th Avenues.

Authorities state that the state trooper was conducting a traffic stop and was seated inside his patrol car when the collision occurred. Both the trooper and the driver of the car were transported to the hospital.

Traffic accidents accounted for 73 of 160 police in-the-line of duty deaths in 2010. Traffic accidents have replaced guns as the greatest risk to police officers.
Police officers and State Troopers 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 and state troopers 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 or State Trooper sustains career-ending injuries, he or she may also be entitled to Public Employees Retirement Association duty disability benefits or Minnesota State Retirement System 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 or MSRS 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, MSRS 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!

Does Your Minnesota Employer Have a Mandatory Workers’ Compensation Information Poster?

2011-04-02T08:00:00.003-05:00

Minnesota law requires employers to display some state-mandated posters in a physical location where employees can easily see them. The posters provide safety, wage and age-discrimination information.

The notice is required by Minnesota law to be posted in a conspicuous location wherever the employer does business. The poster, entitled “Minnesota Workers’ Compensation Employee Rights and Responsibilities,” briefly explains what an employee is required to do after an injury, the name and contact information of the workers’ compensation insurance company, and the rights of an injured worker.

If your employer does not have a copy of this poster placed in a conspicuous location, you can download one and print it off by clicking here.

If you’ve sustained a work-related injury, don’t trust the workers’ compensation insurance company to tell you what your rights are. 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!

Common Minnesota Construction Injuries and Work Comp

2011-04-01T09:21:00.001-05:00

As the weather starts to warm up here in Minnesota, construction season is going to get into full swing. Unfortunately, with more construction comes more construction worker injuries.

Some of the most common and most severe construction worker injuries we see in our Minnesota workers’ compensation practice include:

Head injuries. Construction-related head injuries can be caused by slip and falls, trip and falls, motor vehicle accidents, falling equipment or materials, blunt force trauma and many other things, and can result in closed-head injury, traumatic brain injury, concussion, coma, or even death.

Repetitive motion injuries. Repetitive motion injuries are also known as cumulative trauma injuries, or Gillette-type injuries in Minnesota workers’ compensation. They can include carpal tunnel syndrome, tendinitis, rotator cuff tears, trigger finger, epicondylitis, degenerative disc disease, cervical or lumbar herniations, meniscus tears, and many other conditions. These types of injuries occur over time and are usually the result of a combination of muscle tension, repetitive motions, over use, and incorrect posture.

Spinal cord injuries. The spinal cord controls every function of the human body. A spinal cord injury can be devastating. Spinal cord injuries can cause a variety of disabilities, including loss of sensation or function, A severe spinal cord injury can cause devastating disability, paralysis, quadriplegia, paraplegia, or even death.

Crush and amputation injuries. Equipment used in the construction trades is meant to cut and shape wood, metal, concrete, and other materials. When the human body comes into contact with these types of tools and machines, the results can be devastating, including traumatic or surgical amputation, loss of function, and disfigurement.

Burn injuries. Construction workers are surrounded by burn risks on a job site, including hot water, steam, chemicals, explosions, and electricity. Burn injuries are terribly painful, and can result in loss of function and disfigurement.

Broken bones and dislocated joints. Fractures can occur as a result of trip and falls, slip and falls, dropped equipment or materials, motor vehicle collisions, or a variety of other accidents. Dislocations usually occur when a joint is suddenly moved beyond its normal range of motion. These types of injuries can cause severe disability and loss of range of motion.

Eye injuries. Construction sites are eye injury hazards, ranging from chemicals, to wood and metal chips, to tools like nail guns or staplers. Eye injuries that cause blindness or impair a workers’ vision can be devastating.

Herniated discs. Herniated discs in the low back or neck are probably the most common construction worker injury we see in our workers’ compensation practice. They can be caused by almost any kind of trauma – overuse, lifting, twisting, falls, contact with objects, and motor vehicle collisions. They can also be severely disabling.

Construction worker injuries also raise a number of unique issues in workers’ compensation law, including determining whether the injured worker is an independent contractor, which contractor is responsible for workers’ compensation insurance coverage, and whether there is a third party liability claim.

Unfortunately, construction worker injuries can be some of the most contentious types of workers’ compensation claims. If you’ve sustained an injury as a result of a construction accident in Minnesota, you may be entitled to workers’ compensation benefits. Make sure you get all the workers’ compensation benefits you are entitled to. Don’t let a construction injury ruin your life. Contact us at 877-746-5680 or click here to send us an email for a free, no-obligation consultation with one of our workers’ compensation lawyers.

Visit us at MeuserLaw.com to learn more about Minnesota workers' compensation.