Murder and Minnesota Workers' Compensation

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. 

Increased Fatal Work Injuries in Minnesota in 2010

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.

Riding for Fallen Officers: Officer Tony Ofstead

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.

Work-Related Fatalities Decreased in 2009 In the United States

According to the Bureau of Labor Statistics, preliminary data from 2009 indicates a total of 4,340 fatal work injuries in the United States. This is down from a final count of 5,214 work-related fatalities in 2008. In fact, the number of fatalities in 2009 is the lowest since recording of fatal work injuries began in 1992.

Economic factors appear to have played a role in the decrease in fatal work injuries in 2009. The total number of hours worked fell by 6% in 2009, and industries that traditionally have a high rate of fatalities, such as construction, saw an even greater drop in hours worked.

The preliminary findings of the 2009 Census of Fatal Occupational Injuries revealed some interesting information:

• Workplace homicides declined by 1 percent in 2009, in contrast with an overall 17% decline for all fatal work injuries.
• Workplace suicides were down 10 percent in 2009 from a high of 263 in 2008.
• Fatal work injuries were down by 20 percent among wage and salary workers, but fatal work injuries among self-employed workers were down by 3 percent.
• The wholesale trade industry reported higher numbers of fatal work injuries in 2009.
• Fatal injuries in the private construction sector fell by 16 percent in 2009, following a decline of 19 percent in 2008.
• Fatalities among black and African-American workers fell by 24 percent.
• The number of fatal workplace injuries in building and grounds cleaning maintenance occupations rose by 6 percent.
• Transportation incidents, which accounted for 2/5ths of all fatal work injuries in 2009, fell 21 percent from the 2,130 fatal work injuries in 2008.

Preliminary data from Minnesota indicates 60 work-related fatalities in 2009, down from 65 in 2008. In Minnesota in 2009, there were 22 transportation-related deaths, 10 deaths due to assaults and violent acts, 14 deaths due to contact with objects and equipment, 9 fall-related deaths, and 4 deaths due to exposure to harmful substances or environments, and 1 death from other causes.

In Minnesota, if your loved one suffers a fatal work-related injury, you may be entitled to death and/or dependency benefits.

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, 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 & Associates at 877-746-5680, or click here to send us an email.

Minnesota Workers’ Compensation, Statute of Limitations

Often injured workers in Minnesota think too much time has passed in order to bring a claim for workers’ compensation benefits, or to dispute the work comp. insurer’s denial of liability. The statute of limitations sets a time limit on the length of time within which you can commence an action for workers’ compensation benefits.

The rationale behind the statute of limitations is to prevent a claimant from delaying a suit for Minnesota workers’ compensation benefits for an unreasonable length of time, forcing the defendant to defend itself against a “stale” claim.

If a claim is brought years after the fact, there are evidentiary problems, including medical records that are no longer available, witnesses that are no longer available, and the inability of the parties to accurately recall the facts.

Minnesota Statute §175.151(1) provides that an employee must bring an action or proceeding to determine or recover compensation within three years if the employer filed a First Report of Injury with the Minnesota Department of Labor and Industry.

The statute begins to run from date the report of injury was received by the Department of Labor and Industry.

If the employer did not file a first report of injury, the statute provides a six year statute of limitations. The statute begins to run from the date of the injury.

For dependency claims related to a workers’ death, a claim must be commenced within three years after the Department of Labor and industry receives written notice of the death from the employer. If the employer did not file a report of death, a claim for dependency benefits must be brought within six years of the date of the injury, if no benefits were paid for the injury which caused the death. If workers’ compensation benefits were paid for the injury, but no report of death was filed, the six year statute of limitations on dependency claims runs from the date of the death.

Commencement of a claim for workers’ compensation benefits usually occurs with the filing of a Claim Petition. This must be done before the statute of limitations runs.

If your Minnesota workers’ compensation claim was admitted, or if the employer/insurer paid any benefits on your claim, there is no statute of limitations, although it is better to bring a claim sooner rather than later if there is a dispute because proving your claim gets more difficult the greater the time between your original injury and the time you bring a claim.

Don’t wait to consult with a workers’ compensation lawyer until the day before the statute of limitations runs out! Nothing frustrates me more than speaking with an injured worker who waited too long to speak with a workers’ compensation lawyer. A couple months ago I spoke with a gentleman who had seriously injured his back when he fell down an embankment while working with a landscaping company about seven years ago. He had just started with the company and didn’t want to rock the boat by bringing a workers’ compensation claim, and the employer didn’t report it, despite the fact that his supervisor took him to the hospital after he fell. He only lasted with that company for a few more months, before his back pain became debilitating. He subsequently underwent a three level fusion surgery on his low back, and has, more or less, been completely off work since then. By the time he spoke with us, the statute of limitations had run on his claim. There was nothing we could do for him.

I can’t stress enough how important it is to report your work-related injuries. Some folks are worried about employer retaliation for making a workers’ compensation claim, which is a completely legitimate concern. But, are you still going to be working for that same employer in two years, five years, ten years? Are they going to care if the pain from your injury becomes disabling? Are they going to care if you can’t find a job that’s suitable given your physical limitations? Are they going to care if you don’t have insurance to pay for the medical treatment you need for your work injury?

Even if you think too much time has passed to bring a claim for workers’ compensation benefits, it is still a good idea to speak with a workers’ compensation lawyer. In many cases, we discover that either 1) the employer/insurer did pay some benefits, or 2) we are able to avoid the statute of limitations if you had an aggravation or re-injury.

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

Visit our workers' compensation website at MeuserLaw.com!

Minnesota Firefighters Injured in the Line of Duty

On the 9th anniversary of 9/11, I want to take a moment to thank our Minnesota firefighters for the work they do to protect the citizens of Minnesota. On 9/11, at least 343 firefighters and paramedics died while attempting to rescue the victims in the Twin Towers.

It goes without saying that firefighting is a dangerous job. Every day, Minnesota firefighters put themselves in harms way to protect our safety and property. Since 1881, almost 200 Minnesota firefighters have been killed in the line of duty. Thousands and thousands more have been injured in the line of duty.

Common firefighter injuries include:

Sprains or strains
Injuries from falling objects
Cuts and lacerations
Thermal burns
Exhaustion or fatigue
Smoke Inhalation
Contusion
Puncture wounds
Heart attacks or cardiac symptoms
Eye Trauma
Abrasions
Fractures
Dehydration
Dizziness or fainting
Electric shock
Crush injuries
Slip and falls and trip and falls
Falls from heights
Traffic accidents

These types of injuries can occur during fire suppression, hose line handling, using hand tools, forcible entry, overhaul operations, ventilation, salvage operations, laying hose, moving tools or equipment, climbing ladders, raising ladders, searching for victims, rescuing victims, and operating fire engines.

Traffic accidents also pose a significant risk to firefighters. In fact, in the last decade, all five firefighter deaths involved an auto accident or a firefighter being struck by a vehicle.

In addition to injuries at fire scenes, firefighters also frequently sustain injuries performing EMS operations, fire station and equipment maintenance, driving, hazardous material handling, inspection, and office work.

Back injuries are the single most common and costly injury for firefighters, followed closely by injuries to necks, shoulders, and knees.

Firefighters who are injured on the job in Minnesota may entitled to a variety of workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanency benefits, and rehabilitation benefits. Minnesota firefighters who become disabled from continuing to work as firefighters due to their injuries may also be entitled to PERA disability benefits.

It is a sad and unfortunate fact that Minnesota firefighters do sometimes lose their lives while protecting Minnesota citizens. There are a number of types of benefits available to the families of deceased firefighters, including workers’ compensation death and dependency benefits. There are also several additional types of benefits available, which you can learn more about at the National Fallen Firefighters Foundation.

I have a special respect and admiration for the men and women who serve our State as firefighters. My dad was a volunteer firefighter in my small hometown community for over 25 years. Meuser & Associates, P.A., has represented dozens of firefighters, including numerous St. Paul firefighters and Minneapolis firefighters, as well as firefighters from around the state. If you are a firefighter who has been injured in the line of duty, we are happy to provide you with a free, no-obligation consultation to discuss your rights under the Minnesota workers’ compensation law, as well as your rights under PERA. Contact us at 877-746-5680 or click here to send us an email to speak with one of our lawyers, Ron or Jen.

Visit us at MeuserLaw.com to learn more about Minnesota Workers' Compensation.

Grain Bin Accidents and Injuries and Minnesota Work Comp

In late July, two teenagers were killed in a tragic incident in Illinois grain elevator accident. Unfortunately, these types of accidents are all too common. In 2009 alone, there were at least 38 documented incidents of grain entrapment.

During fall harvest season, employees of grain elevators and grain processing companies need to be especially cognizant of the very serious hazards of serious injury or death due to grain bin accidents.

Following a rash of deaths and injuries of workers trapped in grain storage facilities, the Occupational Safety and Health Administration sent a letter to grain elevator operators warning them to comply with federal safety laws. The letter noted that “OSHA has found that grain entrapments generally occur because of employer negligence, non-compliance with OSHA standards, and/or poor safety and health practices.”

OSHA is taking these incidents very seriously.

• On November 23, 2009, OSHA fined Tempel Grain Elevators LLP more than $1.5 million following the May 29, 2009 death of a teenage worker at the company's Haswell, Colorado grain storage operation. The youth suffocated after being engulfed by grain in one of the facility’s bins. The company also exposed three other teenage workers to the cited hazards.

• On May 27, 2010, OSHA fined the South Dakota Wheat Growers Association of Aberdeen, South Dakota more than $1.6 million following the death of a worker who had suffocated after being engulfed by grain. OSHA’s investigation found that five additional workers were also at risk of being engulfed when they were sent into the bin to dig the victim out.

• On August 4, 2010, OSHA fined Cooperative Plus, Inc. in Burlington, Wisconsin $721,000 after a worker was buried up to his chest and trapped in frozen soybeans. The worker was ultimately rescued after a four hour ordeal.

According to the Penn State College of Agricultural Sciences, there are an average of 12 grain entrapments reported each year across the nation. Three-fourths of these entrapments resulted in death, and two-thirds of the entrapments occurred inside grain bins. Three-quarters of the entrapments occurred when grain was being unloaded. Most frequently, it involved out of condition corn. A quarter of the entrapments involved children.

In addition to the extreme hazard of entrapment, other dangers of working with grain include respiratory problems, fires, and noise exposure. Electrical hazards exist with over-head power lines, portable augers and electric motors. Mechanical hazards include augers, dryers, stirrers and other equipment. Falls from ladders or other structures is also a danger associated with grain handling.

Entrapment can occur from flowing grain which can pull a worker down into the grain due to the force of the grain flowing out of a bin. Poorly conditioned grain can form a hard crust on the surface of grain in a bin, but pockets beneath the surface can collapse, causing the worker to fall and become entrapped in the grain. A worker removing grain from the wall of a bin may also become entrapped by an avalanche of grain if the encrusted grain suddenly collapses.

Employees of grain elevators in Minnesota are generally covered for workers’ compensation. If you are injured as a result of working at a grain processing company, you may be entitled to wage loss benefits, medical expense benefits, permanency benefits, and rehabilitation benefits. Family members of persons killed in grain bin accidents may be entitled to Minnesota workers’ compensation death and dependency benefits.

If you were hurt in a grain accident, or if your loved one was seriously injured or killed as a result of a Minnesota grain bin accident, it is important to consult with a Minnesota workers’ compensation lawyer to make sure your rights are protected. Here at Meuser & Associates, we are committed to protecting the rights of injured workers in Minnesota. 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 Minnesota Workers' Compensation and Personal Injury Law Firm, Meuser & Associates, P.A., at MeuserLaw.com

Workers Memorial Day, April 28, 2010: Remembering Workers Killed on the Job

Every day, 14 American workers don’t come home from work. Despite significant improvements in health and safety in the workplace, hundreds of American workers are killed on the job every year, and thousands more die of occupational illnesses.

Today, April 28, 2010 is Workers Memorial Day, commemorating the lives of workers who are killed on the job. The Unions of the AFL-CIO remember these lives lost on April 28, the anniversary of the enactment of the Occupational Safety and Health Administration. The first Workers Memorial Day was observed in 1989.

According to the CDC, in 2008, 5,071 American workers were killed on the job. Another estimated 49,000 workers died as a result of occupational illnesses. In 2008, approximately 4.5 million workers suffered non-fatal work injuries or illnesses.

The survivors of an employee killed on the job are entitled to Minnesota workers’ compensation death and dependency benefits.

If your loved one suffered a fatal work injury, or suffered a fatal occupational illness, contact Meuser & Associates, P.A. for a free, no-obligation consultation to learn about your rights. Call us at 877-746-5680, or click here to send us an email to schedule a free consultation with one of our attorneys.

Visit our website at MeuserLaw.com for more information about Minnesota Workers' Compensation and Personal Injury Law.

Death and Dependency Benefits and Minnesota Workers’ Compensation

Sadly, on-the-job injuries can occasionally result in the death of the employee. According to the Centers for Disease Control, there were 5,488 reported work-related fatalities in the United States in 2007. In Minnesota, there were 72 work-related fatalities in 2007.

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 & 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