Minnesota Workers' Compensation Lawyer

A workplace injury can be a devastating experience for a worker and his or her entire family. 

In addition to the physical pain of the injury itself, an on-the-job injury often causes a lot of stress and anxiety. A work injury can be financially devastating, and it can end your career. 

If you’ve sustained an on-the-job injury in Minnesota, Meuser & Associate can help protect your rights and assist you in getting the compensation you are entitled to. Jen Yackley and Ron Meuser, Jr., attorneys at Meuser & Associate, have over 25 years of combined experience representing injured workers and ensuring that they have been compensated for their work-related injuries.

An on-the-job injury often leads to anxiety and worry about medical bills and lost income. To avoid some of this anxiety and worry, you should learn about your rights and what benefits are available to you, which may include medical expense benefits, wage loss benefits, permanent partial disability benefits, and/or rehabilitation benefits.

A Minnesota workers’ compensation lawyer can help you bring a claim for these benefits, or help you protect your rights to these benefits in the event there are disputes on your claim. We can also explore the possibility of securing a settlement of your workers' compensation claims.

You don’t need to wait until there’s a dispute on your case to consult with a workers’ compensation lawyer. In fact, the sooner you speak with us, the easier it is for us to help you navigate the system and avoid making costly mistakes.

At Meuser & Associate, we will work on a contingency fee basis, which means our attorney fees are based on the amount we recover for you. There are no fees up front, there’s no monetary retainer, and there’s no out of pocket expense to you. In the event we are unsuccessful, there is no charge for our legal services.

If you’ve been hurt at work in Minnesota, one of the most important things you can do to protect your interests is to learn about your rights. Call Meuser & Associate at 877-746-5680 or click here to send us an email to schedule a free, no-obligation legal consultation. 

Do I Need a MN Workers’ Comp. Lawyer?

Workers’ compensation insurance companies have lawyers to help them with questions and concerns. Many employers have direct access to legal advice about workers’ compensation claims. Why shouldn’t you have access to good legal advice, too? 

You can speak with a Minnesota workers’ compensation lawyer at no cost to you. Take advantage of a free, no-obligation legal consultation and learn about your Minnesota workers’ compensation rights. 

At Meuser & Associate, we have a long and well-deserved reputation for protecting the rights of Minnesota’s injured workers. Here are some things to consider in deciding whether to hire an attorney to assist you with your case:

• It is easy to make mistakes that can substantially hurt your entitlement to workers’ compensation benefits. Your employer and insurer aren’t going to warn you of these potential pitfalls, and in many instances, many injured workers are actively led by their employers and their insurers into these traps. These mistakes can cost you thousands of dollars’ worth of benefits. 
• Minnesota workers’ compensation is a complex area of law. It’s usually not an area of law where a general practice attorney can take on a workers’ compensation case once in a while. Minnesota workers’ compensation law is based on statute, rules, and case law. It’s constantly changing and developing. An inexperienced or inept lawyer can miss issues on your case, which can cost you thousands of dollars. Most injured workers are simply not capable of mastering all of the complex rules and regulations on their own. 
• If the insurance company denies your claim, a lawyer can help establish your right to benefits. If primary liability is denied on your case, virtually no amount of arguing or haggling with the workers’ compensation insurance company is going to get your claim admitted. Almost invariably, you will need a good Minnesota workers’ compensation lawyer to bring a claim on your behalf. 
• There are a lot of deadlines involved with workers’ compensation. If you miss a deadline for reporting your injury, filing a claim, disputing a denial of liability, or objecting to a discontinuance, in some instances, you may be foreclosed from making additional claims. Missing deadlines on your workers’ compensation case can, in some instances, permanently preclude you from claiming benefits for your work-related injury. 

Meuser & Associate has been fighting to protect the rights of Minnesota’s injured workers for over two decades. Arm yourself with the knowledge you need to protect your workers’ compensation rights. For a free, no-obligation workers’ compensation case consultation, call Meuser & Associate at 877-746-5680 or click here to send us an email. 

How a Good MN Workers’ Compensation Lawyer Can Help You

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. 

You Can Afford a GREAT MN Work Comp Lawyer!

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.

Medical Expense Benefits – MN Workers’ Compensation

One of the benefits available to injured workers under Minnesota workers’ compensation law is coverage for reasonable and necessary medical expenses. Reasonable and necessary medical expenses are fully covered under Minnesota Workers’ Compensation, meaning that you do not pay a premium, you do not have a deductible, and you do not pay co-pays for these benefits.

Minnesota Statute §176.135 provides coverage for a wide variety of medical benefits, including, but not limited to:

• Medical treatment in an emergency room
• Appointments with a medical doctor
• Chiropractic treatment
• Prescription medications
• Over-the-counter medications
• Podiatric treatment
• Surgical treatment, hospitalization, and nursing services
• Home nursing services
• Crutches, walkers, and wheelchairs
• Diagnostic tests, such as X-rays, MRI’s, and CT scans
• Physical therapy and rehabilitation
• Preventative rabies treatment
• Dental treatment
• ….and pretty much anything else necessary to cure and/or relieve the effects of your injury.

That being said, there are treatment parameters that apply to certain types of medical treatment. For example, chiropractic treatment is generally limited for neck, upper back, low back and upper extremity injuries for a period of up to 12 weeks, plus an additional 12 visits over the next 12 months if certain requirements are met, although there are several exceptions to this rule.

The chiropractic treatment parameters are one of the most contentious issues in Minnesota workers’ compensation medical dispute cases. We regularly represent injured workers who receive substantial benefit from chiropractic treatment, but then, once they’ve reached twelve weeks of treatment, the workers’ compensation insurer stops paying.

We often speak with injured workers who are hesitant to retain an attorney when their case involves a relatively small dispute over medical treatment. Maybe the insurer hasn’t reimbursed them for some prescriptions. Or maybe the insurer won’t pre-approve a follow up MRI. Or maybe the insurer is refusing to pay for additional chiropractic treatment or physical therapy.

DON’T IGNORE MEDICAL DISPUTES WITH THE WORKERS’ COMPENSATION INSURANCE COMPANY!

Injured workers often wonder whether a Minnesota workers’ compensation lawyer will take their case if they just have a medical dispute. YES! Under Minnesota workers’ compensation law, if your case is limited to a dispute primarily involving medical issues, your workers’ compensation lawyer can petition the Office of Administrative Hearings to order the workers’ compensation insurer to pay your lawyer fees called Roraff fees, which are normally separate and above and beyond benefits payable directly to you.

We regularly represent injured Minnesota workers for claims involving primarily disputes over medical care. For example:

• We tried and won a case where a workers’ compensation insurer refused to pay a $90.00 bill for a follow up visit with the employee’s spine surgeon. The employee had previously undergone two back surgeries, and had settled her case, closing out monetary benefits. The insurer refused to pay the bill because the employee was pregnant when she had her appointment, and they argued that it was her pregnancy, not her two prior back surgeries for herniated discs, that was causing her back pain.
•  We represent an employee who settled his monetary benefits over 15 years ago. He has severe degenerative disc disease in his spine, and when he moved to Michigan, he couldn’t find a doctor who was willing to take on his challenging case. Each year, he returns to Minnesota for a follow up appointment with his surgeon, and each year, the insurer refuses to pay for his mileage and lodging, and each year, we file a claim on his behalf, and ultimately get the insurer to reimburse him.
• We represented a woman who sustained a severe shoulder injury in the early 1990’s. Over the last several years, she began developing severe low back pain, which we believed was related to the bone graft which was harvested from her pelvis on two separate occasions. We ultimately procured a monetary settlement on her behalf, and recently secured pre-approval from the insurer to return for a consultation for her shoulder injury with the surgeon who performed her sixth and final shoulder surgery almost 15 years ago.

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

How Much Does a Minnesota Workers' Compensation Lawyer Cost?

Attorney fees in a workers’ compensation case are contingent. What this means is that your lawyer’s fees in a workers’ compensation are based on the amount recovered on your behalf. Workers’ compensation lawyers generally charge 25% of the first $4,000.00 in benefits recovered, and 20% thereafter, up to a maximum of $13,000.00 per injury. These amounts are set by Minnesota law.

Your attorney is only paid if he or she is successful in securing benefits on your behalf.

What this means is that you do not have to pay a workers’ compensation lawyer a retainer or any upfront fees. It costs you nothing out of pocket.

If your case involves a dispute regarding your medical care or rehabilitation benefits, and you are successful, the workers’ compensation insurance company is typically responsible for paying your attorney what are known as Roraff or Heaton fees.

Because attorney fees in a Minnesota workers’ compensation case are contingent, there is no risk of incurring a large bill for attorney time if you are unsuccessful on your case.

We are happy to provide a free, no-obligation consultation to discuss your Minnesota workers’ compensation case. Contact Meuser & Associates, P.A., at 877- 746-5680 or click here to send us an email.

Visit Minnesota Workers' Compensation and Personal Injury Law Firm, Meuser & Associates, P.A., at MeuserLaw.com

Minnesota Workers' Compensation: Do I Need a Lawyer?

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

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

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

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

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

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

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

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

Visit Minnesota Workers' Compensation and Personal Injury Law Firm, Meuser & Associates, P.A., at MeuserLaw.com