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

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. 

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

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. 

Work Injuries and Uninsured Employers: What If You are Hurt on the Job and Your Employer Has No Workers' Compensation Insurance?

In Minnesota, employers are required to purchase workers’ compensation insurance coverage or to obtain approval from the Minnesota Department of Commerce to self-insure for workers’ compensation. Employers are also required to post a poster in the workplace with the name and telephone number of the workers’ compensation insurance company. Not all employers comply with this requirement, however. Employers even occasionally refuse to tell employees who their insurance company is.

You can verify if your employer has workers’ compensation insurance coverage, 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, 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 you are hurt on the job and your employer doesn’t have insurance?

If you suffer an injury on the job, and your employer has no insurance and is not self-insured, you may request that the Minnesota Special Compensation Fund pay you the appropriate benefits. First, a compensation judge will have to determine whether the employer is liable for your injury, and then, if appropriate, order the Special Compensation Fund to pay you the appropriate benefits. The judge will also order the uninsured employer to reimburse the Special Compensation Fund along with a penalty in the amount of 65 percent of the benefits paid by the Fund. Alternatively, you may elect to sue the employer for the injury in a civil action. Generally, you would be entitled to a greater amount of compensation in a civil action against the employer than in a workers’ compensation action. If you opt to pursue a civil case against your employer, the employer may not defend the lawsuit by claiming the usual common law defenses, such as assumption of risk, unless the employer can prove that you were willfully negligent.

In addition, an uninsured employer may also be fined by the Department of Labor and Industry for failing to insure 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.

If your employer does not have insurance or won’t give you their workers’ compensation insurance information, you should probably consult with an experienced workers’ compensation attorney. We can help verify insurance coverage, and if there is no insurance company, we can assist you in obtaining benefits from the Special Compensation Fund or by making a civil claim against your employer. Meuser & Associates has successfully handled many cases where the employer failed to carry workers’ compensation insurance. To schedule a free, no-obligation consultation with a workers' compensation lawyer, call us at 877-746-5680 or click here to send us an email.

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

Audit of MN Work Comp System Reveals Underpayment by Insurance Companies

A new report released by the Minnesota Office of the Legislative Auditor reveals the results of a recent audit of the Minnesota workers' compensation system. Among other things, the report reveals that insurance companies underpaid work comp claims by over $3 million in each of the last few fiscal years. While those of us who practice workers' compensation frequently see underpayments by insurance companies or questionable denials of claims, unfortunately, errors in calculating benefits even when there is literally no question as to an employee's entitlement to certain benefits occurs more often than it should.

The reported underpayments represent less than 1% of the total amount of indemnity payments made each year. However, the underpayments reported in the audit represented only those underpayments caught when a claim was reviewed by staff at the Department of Labor and Industry. Not every case is audited, and not every error is caught. Moreover, the amount of underpayments does not include instances where there is a dispute over the amount of the benefit the injured workers is entitled to.

Benefit calculation errors often occur when an adjuster is unfamiliar with Minnesota Workers' Compensation rules and calculation methods, when someone makes a careless calculation error, or when an insurance company simply fails to recognize an employee's entitlement to a particular benefit.

The vast majority of underpayments occurred as the result of errors in calculating the amount of permanent partial disability (PPD) benefits owed to an injured worker. The next most common error was in miscalculating the number of weeks of wage loss benefits due to an injured worker. In our practice, errors in determining the amount of permanent partial disability benefits available to an injured worker occur very frequently, even when there is no dispute over the extent of an employee's injuries. Where there is a dispute over the extent of an employee's injuries, an insurer will almost never voluntarily pay the full extent of permanent partial disability benefits potentially available to the employee.

If there is a dispute regarding the extent of the benefits to which you are entitled, it is a good idea to consult with a workers' compensation attorney. Even if there is no dispute regarding your entitlement to benefits, keep in mind that insurance companies frequently make errors in calculating your entitlement to benefits. We're happy to provide a free evaluation of your case to determine if you are entitled to additional benefits. Call us today at 877-746-5680 or click here to send us an email.

Visit our workers' compensation website at MeuserLaw.com!

How Does Your Insurance Company Rate?

In our workers’ compensation and personal injury practice, we constantly deal with insurance companies. Some insurers are better than others when it comes to dealing fairly with claimants.

Recently, one insurance company in particular began employing some rather underhanded tactics against several of our clients. I went online to do some research to see if there were any similar complaints against this particular insurance company.

What I found was a report by the American Association for Justice, formerly the Association of Trial Lawyers of America, identifying the top ten worst insurance companies for consumers. Lo and behold, the insurance company I was looking for made the list.

The American Association for Justice reviewed thousands of court documents, SEC and FBI records, state insurance department investigations and complaints, news accounts from across the country, and the testimony and depositions of former insurance agents and adjusters. When it comes down to it, some insurance companies put profits over policyholders, and the top ten on the American Association for Justice list are the worst offenders. The fact of the matter is, the less an insurance company pays on claims, the more profits it makes, and some insurers go to outrageous lengths to deny or underpay legitimate claims.

According to the American Association for Justice, the top ten worst insurance companies are as follows:

1. Allstate

2. Unum

3. AIG

4. State Farm

5. Conseco

6. WellPoint

7. Farmers

8. UnitedHealth

9. Torchmark

10. Liberty Mutual

To read more about why these insurance companies have earned the dishonorable distinction of being named the top ten worst insurance companies in America, read the full report by the American Association for Justice.

The moral of the story is, if you’ve been in an accident, don’t assume that the insurance company is treating you fairly or acting in your best interest. Remember, the less they pay in claims, the more money they make. If the insurance company is denying your claim, or if you’ve received a settlement offer, it is important that you contact an experienced personal injury lawyer. We’re happy to provide a free evaluation of your case. Call Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free consultation.

Visit our website at MeuserLaw.com!