Minnesota Spinal Cord Injuries

Spinal cord injuries can be classified in two ways: complete spinal cord injuries and incomplete spinal cord injuries. Complete spinal cord injuries involve injuries to the spinal cord that cause complete loss of voluntary function and sensation below the point of injury. Incomplete spinal cord injuries do not cause complete loss of voluntary function and sensation below the injury.

Thankfully, advancements in modern medicine have reduced the likelihood that a spinal cord injury will be complete. Many spinal cord injury victims do eventually gain some voluntary function and sensation below the point of injury with medical care.

Spinal cord injuries are caused by severe trauma to the spinal cord. These types of injuries can be the result of blunt force trauma, falls, or high speed car accidents.

In Minnesota, if you suffer a spinal cord injury as a result of your work activities, you may be eligible for workers’ compensation benefits, including wage loss benefits, permanent partial disability benefits, vocational rehabilitation benefits, and medical expense benefits.

If you suffer a spinal cord injury in a car accident due to someone else’s fault or negligence, you may be entitled to compensation for your damages from the at-fault party.

Spinal cord injuries are physically, emotionally, and financially devastating. If you or a loved one has suffered a spinal cord injury at work, or as the result of a car accident, a Minnesota workers’ compensation or personal injury attorney can explain your rights, help you through the process of bringing a claim, and help you get the compensation you’re entitled to.

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

Am I Required to Turn Over My Medical and Financial Information to the Insurer? Discovery Disclosure in Minnesota Personal Injury and Workers’ Compensation Claims

Do I have to turn over my private medical and financial information to the insurance company as part of my Minnesota workers' compensation or personal injury claim?

We frequently get calls from our Minnesota personal injury and workers’ compensation clients wondering why they must sign authorizations for the release of their medical records, tax information, and wage records. While it’s not necessarily a pleasant thing to turn over your private health information and financial information to an insurance company, if you’re bringing a personal injury claim or workers’ compensation claim, in some respects, your life becomes an open book. So, yes, generally, you are required to turn over your medical and financial information to the insurance company as part of the discovery process in a Minnesota personal injury or workers’ compensation claim. 

If you are bringing a personal injury action in Minnesota against an at-fault person or entity, and you’re claiming damages for medical expenses and wage loss as a result of the injuries you sustained in an accident, you are generally obligated to disclose your medical information and financial information if you are claiming that you’re entitled to compensation for medical expenses and wage loss.

Generally speaking, in a personal injury action in Minnesota, if you’re asked to disclose information as part of the discovery process of your case, you are obligated to turn over anything that is reasonably calculated to lead to admissible evidence. Admissible evidence includes anything that is relevant, and tends to prove or disprove a fact of the case. Medical records after an accident obviously document your injuries, and they are clearly relevant to determining the nature and extent of your injuries. Financial records after an accident clearly document any loss of earnings you’ve suffered due to your injuries, and they are clearly relevant to determining the extent of your wage losses.

Where things get a little more complicated is disclosure of medical records and financial information in existence prior to your accident, and people often question why the insurance company should have access to this information. In essence, your prior medical history and your prior financial history are also relevant to a determination of your damages. For example, if you have a pre-existing condition, the insurance company will argue that your damages after an accident are partly attributable to your pre-existing condition. An insurance company may also argue that your prior financial records indicate that your income decreased prior to the accident due to the economic downturn, rather than as a result of the accident. Even if you don’t have a pre-existing condition, and even if you did not have a decrease in your earnings prior to the accident, the insurance company and the defendant have a right to examine your medical records and your financial information in existence prior to the accident to make their own independent determination as to whether or not there is any relevant information contained in your records.

In Minnesota workers’ compensation claims, the same general concepts, as set forth above, apply to the disclosure of medical records and income records, but the rules of discovery are somewhat more limited. For example, you are obligated to disclose the names of any medical providers you’ve ever seen for the same condition, or a similar condition, to the one you’ve alleged as part of your claim. You are also required to allow the release of your medical records from these practitioners. You’re not necessarily obligated to release other medical information, but if the workers’ compensation insurer has reason to believe that your other medical information contains relevant evidence, they can petition the judge to require you to disclose additional medical information.

You're also required to disclose any wage or income documentation that is relevant to your claim for wage loss benefits. The workers’ compensation insurer will generally be able to obtain your wage records directly from your employer, but if you’ve been self-employed in addition to your regular wages, or you’ve been self-employed in the recent past, you may be required to authorize the release of your tax information. If you’ve worked at other jobs subsequent your injury, you are also required to disclose your wage records from your other employers.

Going through the discovery process in a disputed Minnesota personal injury action or Minnesota workers’ compensation claim is not always a pleasant experience, but it is necessary. If you have questions about your rights under Minnesota personal injury or workers’ compensation law, contact Meuser & Associate at 877-746-5680, or click here to send us an email.

Treatment for Burn Injuries

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.

Recent Minnesota Personal Injury Case Successes

Meuser & Associate 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. 

Keep Safe in Minnesota Work Zones! MnDOT Starts Roadwork Projects

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.

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

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.

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

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.

Whiplash Injuries and Minnesota Car Accidents

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.

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

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

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!

Child Hit by Car Waiting for School Bus, Mora, MN, March 30, 2011

I was disturbed to read that a six-year old boy was hit by a car while waiting for a bus yesterday morning on Ninth Street in Mora, Minnesota. The child was airlifted to North Memorial Hospital in Robbinsdale and remains in serious condition.

According to witnesses, the bus has stopped and had its lights flashing when the child began crossing Ninth Street to board the bus, when he was hit by the car. It is unclear whether the car passed the bus while its stop arm was down and its red lights were flashing.

Under Minnesota state law, drivers are required to stop 20 feet away from a bus if the bus has its stop arm down and its red lights flashing. If its amber “warning lights” are flashing, motorists may not pass the bus on the right.

I would suggest that if you see a stopped bus, regardless of whether its lights are flashing or the stop arm is down, STOP! As inconvenient as it may be to have to wait for an extra minute or two during your morning or afternoon commute, it’s a thousand times better than hitting and injuring a child!

The Kanabec County Sheriff's Office indicates the accident is still under investigation.

For a free, no-obligation consultation with one of our Minnesota personal injury lawyers, call Meuser & Associate at 877-746-5680 or click here to send us an email.

Two Hopkins Police Officers Sustain Injuries When They Were Rear-ended During a Traffic Stop on March 28, 2011

There’s no question being a police officer is a dangerous job. The number one cause of serious injuries to police officers isn’t being shot in the line of duty – it’s being injured in an in-the-line-of-duty auto accident.

According to Kare11, two Hopkins police officers sustained minor injuries on Monday morning, March 28, 2011, when their squad car was rear-ended by a Toyota pickup during a traffic stop.

The officers were on a stop in the area of Excelsior Boulevard and Ashley Road. The driver of the Toyota was driving on a revoked license. The Toyota’s windshield was also partially frosted over, obstructing the driver’s view of the stopped squad car, despite the fact that the squad car’s emergency lights were on at the time. Police estimate that the damage to the squad car exceeds $6,000.00.

Police officers 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 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 sustains career-ending injuries, he or she may also be entitled to Public Employees Retirement Association 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 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, 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!

Brainerd Man Hurt in Collision on Highway 25 on March 26, 2011

According to the Pioneer Press, a 21 year old man sustained serious injuries when the convertible he was driving broadsided a truck on Minnesota Highway 25 on Saturday, March 26, 2011.

The young man was driving southbound on Minnesota 25 in a Saab convertible when he broadsided a Dodge truck going north on Minnesota 25 making a left turn. There was also a passenger in the convertible who suffered non-life threatening injuries, and the truck driver had no injuries.

The Pioneer Press article is not absolutely clear as to who was at fault in this accident, but in our practice, left turns in front of oncoming traffic are a very common cause of motor vehicle collisions.

Thankfully, most auto collisions are avoidable. Here are some common sense tips to keep yourself out of a motor vehicle accident.

1. Look ahead to watch for potential hazards, like lane restrictions, construction areas, slow moving vehicles, turning vehicles, or slow vehicles. The farther you look ahead, the more time you have to react to a hazardous situation.
2. Create space. Guard your safety by creating space around your vehicle. Adequate space allows you additional time to react to a hazardous situation. Allow at least two seconds of following distance, avoid driving in others’ blind areas, and move away from tailgaters.
3. Communicate with other drivers. If other drivers see you, it’s less likely that they will collide with you. Use your lights and horn when necessary to let other drivers know you are there. Making eye contact with other drivers also makes it less likely that they will pull out in front of your or make another driving error.
4. Drive predictably. Let other drivers know your intentions. Signal your intentions, change lanes slowly, and gradually decrease your speed. Sudden lane changes or stopping often causes accidents. If you miss your turn or exit, don’t fly across four lanes of traffic. Just wait for the next exit.
5. Use your signals. Always signal your turns and lane changes. If other drivers know your intentions, they’re less likely to collide with you.

For more great safe driving tips, visit Drive Safe With Uncle Bob.

If you’ve sustained injuries in an auto collision as a result of someone else’s negligence or careless, you may be entitled to compensation for you injuries, including medical expenses, lost wages, and pain and suffering. For a free, no-obligation consultation with one of our Minnesota personal injury attorneys, call us at 877-746-5680 or click here to send us an email.
Visit us at MeuserLaw.com.

Work Comp. and Personal Injury Claimants: Be Smart About What You Post on Facebook

I ran across an interesting story by a Pennsylvania personal injury attorney who warns that insurance companies are now apparently “friending” claimants on Facebook. He notes that his client received a friend request from her Progressive claims adjuster on Facebook. The client smartly declined the friend request.

I have yet to hear about this happening with any of my clients, but I don’t doubt that it will start to happen at some point. People often forget that Facebook and other social media sites are not necessarily private, regardless of your privacy settings.

Everyone uses Facebook, right? Meuser & Associate even has a Facebook page. The problem is that things you post on your Facebook page aren’t necessarily private. A single Google search will often bring up your personal Facebook page. If you have your page set to the highest privacy status, searchers can still usually see at least limited information about your profile. Another problem is that if your Facebook friends don’t have the highest privacy status, a searcher may be able to see things you’ve posted through your friends’ pages.

I’ve started to counsel my workers’ compensation and personal injury clients to use common sense about what they post on Facebook. For example:

• Select the highest privacy settings on your Facebook page.
• Don’t approve friend requests of people you don’t know.
• If you wouldn’t want your grandmother to see the picture, don’t post it.
• You are alerted when friends “tag” you in a photograph. Be smart about which photos you permit to be “tagged” with your name.
• Assume all comments you make on other Facebook pages are open to public viewing and can be attributed to you.

If you have a workers’ compensation injury or a personal injury case, assume that the workers’ compensation insurance adjuster or personal injury adjuster is searching for you on the internet. If you post a photograph of yourself playing softball when you’re supposedly completely disabled, or post pictures of yourself partying it up at a bar when you are off work due to an injury, and the insurance company gets their hands on it, I assure you it won’t help your case.

For a free, no-obligation consultation with one of our Minnesota workers’ compensation and personal injury attorneys, call us at 877-746-5680, or click here to send us an email.

Two Drivers Seriously Injured in Coon Rapids Crash on March 26, 2011

According to the Star Tribune, one car swerved over the center line on Main Street NW in Coon Rapids on Saturday afternoon, March 26, 2011, hitting another vehicle head-on.

Both seriously injured drivers were pinned in their crushed vehicles. One driver was taken by ambulance to North Memorial in Robbinsdale, and the other driver was flown by helicopter to Hennepin County Medical Center. One of the vehicles also had two passengers, who were apparently not seriously injured.

According to Coon Rapids police Sergeant Tom Hawley, the roads were dry in the area of the crash, and alcohol is not suspected as a factor in the crash.

Our thoughts and prayers go out to the drivers and their families.

Fortunately, most accidents are avoidable. There are things you can do to reduce the likelihood that you will be involved in a motor vehicle collision, or reduce the likelihood that you sustain serious injury if you are involved in an auto collision.

1. Wear your seat belt. Seat belts are the most important safety device ever invented. They provide impact protection, absorb crash forces, and keep you from being thrown out of the vehicle.
2. Buy and use other safety devices. In addition to seat belts, other safety devices, including size-appropriate child safety restraints, ABS brakes, and air bags, help reduce the likelihood of a crash or reduce the likelihood of severe injury.
3. Don’t run red lights. This one should be obvious, but red light running causes hundreds of accidents a year. There are two types of red light runners – those who are distracted and miss the red light and those who are too impatient to wait for the next green light. Don’t be either.
4. Drive precisely. Follow the basic rules of the road – signaling, proper lane position for turns, turning into the proper lanes, safe lane changes, driving to the right except when passing, coming to a complete stop for stop signs, and obeying traffic signs. Failure to follow these simple rules can result in a major accident.
5. Chill out! If you’re angry or upset, you’re more likely to drive aggressively, and more likely to have a collision. I like to think about driving in terms of “karma points.” I make mistakes, and everyone else does too. If I “forgive” someone else’s driving mistake, I bank “karma points” for the next time I make an error. Many collisions occur when a driver is mad, upset, stressed, or distracted in some way. Try to stay calm, rational, and positive.

For more great safe driving trips, visit Drive Safe With Uncle Bob.

If you or a loved one has sustained injuries in an auto accident due to someone else’s negligence or carelessness, you may be entitled to compensation for your injuries. For a free, no-obligation consultation with a Minnesota personal injury lawyer, call us at 877-746-5680 or click here to send us an email.

Drive Safe on Wet Minnesota Roads

As Spring slowly approaches here in Minnesota, rainstorms are on their way. In combination with the snow melt and flooding in areas, driving in rainstorms can be extremely dangerous. Use extra caution on wet roads to avoid a motor vehicle collision.

When roads are wet, they are slippery, which can cause your tires to lose traction or cause you to hydroplane. Hydroplaning means that your tires don’t have traction on the road surface, causing you to lose the ability to steer and brake, much like sliding on ice. The most important thing you can do to avoid hydroplaning on wet roads is to ensure you have good treads on your tires. Springtime is a good time to check to see if you need new tires. It’s also a good idea to drive slower on wet roads. If you do start to hydroplane, release the gas pedal and drive straight until your tires regain traction on the road surface.

Here are some tips to make driving on wet roads safer:

• Make sure your tire treads are in good condition. Good treads on your tires make it less likely that you will lose traction on wet roads.
• Make sure your windshield wipers are working properly. If you can’t see out your windshield during a rainstorm, you won’t be able to anticipate dangers.
• Make sure you have washer fluid. Melting snow and rain in the Spring in Minnesota means that your windshield is going to get muddy. Washer fluid helps keep your windshield clear. 
• Avoid driving through standing water or large puddles. It doesn’t take much water to hydroplane. 
• If you have to drive through water, slow down. You are less likely to hydroplane, and you give your self more time if you have to slow down or take evasive action.
• Don’t use cruise control. Cruise control can cause a vehicle to accelerate in a hydroplane, and slows your reaction time if you do start to hydroplane.
• Apply your brakes more slowly and with less force to increase stopping distances. This gives the driver behind you more time to stop to avoid hitting you from behind.
• During rainy or foggy days, keep your headlights on. It helps you see better, and it makes you more visible to other motorists.

It’s a driver’s responsibility to drive responsibly whatever the road conditions. Bad road conditions often contribute to car accidents, but many of those accidents can be prevented by using extra care in bad weather.

If you’ve been inured in a car accident due to someone else’s carelessness or negligence, you may be entitled to compensation for your medical bills, your lost wages, and your pain and suffering. For a free, no-obligation consultation about your auto accident case, call us at 877-746-5680, or click here to send us an email to speak with one of our Minnesota personal injury attorneys.

Visit us at MeuserLaw.com!

Minnesota Workers’ Compensation Settlement: How Much Will I Get?

Some of the most common questions I hear from injured workers are:

• When will the insurance company offer me a settlement on my workers’ compensation case? 
• How much will I get for a settlement of my work injuries?
• When will my workers’ compensation trial be?
• How much will the insurance company give me for my bulging disc, carpal tunnel, fusion surgery, or broken ankle?

The answers to these questions depend on a lot of different variables in Minnesota workers’ compensation cases. The most important thing to remember in a workers’ compensation case, is that there is no “settlement” per se, nor is there necessarily a trial in a Minnesota workers’ compensation case.

A Minnesota workers’ compensation case is different than a personal injury case. A personal injury case is resolved by settling or going to trial, and you receive a lump sum of money to compensate you for your medical expenses, your wage loss, and your pain and suffering. A personal injury settlement or jury verdict also accounts for your future medical expenses, your future wage loss, and your future pain and suffering. It’s a one-shot deal. Whatever you settle for or whatever the jury awards is the amount you get in compensation for your injuries. Period.

In contrast, in a workers’ compensation case, if your claim is admitted, the workers’ compensation insurance company simply makes payments as your expenses occur, like medical bills, or weekly wage loss benefits. We often say that an injured worker is then “in” the workers’ compensation system. If there are no disputes on your workers’ compensation case, there is no trial.

If there are disputes on your workers’ compensation case, whether the workers’ compensation insurer has flat-out denied primary liability on your case, or refused to pay your medical bills, refused to pay certain benefits, or refused to authorize certain treatment, once your attorney files a claim, you will ultimately get a trial date.

A workers’ compensation trial is very different than a personal injury trial.

• First off, there is no jury – a workers’ compensation judge makes a decision on your case.
• Second, workers’ compensation trials are much less formal than personal injury trials in terms of procedure. 
• Third, and most importantly, a workers’ compensation judge will make a determination only as to the issues currently in dispute on your case. For example, if the workers’ compensation insurer is denying pre-approval for surgery, and that’s the only dispute on your case, the judge will make a determination only whether or the workers’ compensation insurer must pay for the surgery. If there is a dispute regarding your entitlement to permanent partial disability (PPD) benefits, the judge’s decision will address only this issue. If your case involves a dispute as to your entitlement to wage loss benefits, a judge makes a determination as to your eligibility for wage loss benefits only up through the date of the hearing. At a workers’ compensation trial, the workers’ compensation judge will not make a determination as to your entitlement to future benefits.

Even if you win a trial on whatever issues are in dispute, it’s entirely possible for the insurance company to turn around the next day and refuse to pay for something else, and you have to start the dispute process all over again. In fact, we have a number of clients where we’ve gone to trial on their cases a number of times.

Sounds depressing to be stuck in this “system,” right? The good news is that in most workers’ compensation cases, we are able to procure a settlement on behalf of our client, regardless of the type of dispute involved. Depending on the issues at dispute, there are any number of ways to “settle” a workers’ compensation case.

A few examples might include:

• There is a dispute over an injured worker’s wage loss benefits. The parties might enter into a “to-date” settlement where the employee receives a partial settlement for an underpayment of wage loss benefits through the date of the settlement, and the employee is entitled to claims for future benefits.
• There is a dispute over payment of an employee’s medical bills. The parties agree to settle those bills with the medical provider for a compromised amount as part of a “to-date” settlement. The employee doesn’t receive any money as a result of this type of settlement, but he or she is entitled to ongoing benefits. 
• There is a dispute over an employee’s wage loss benefits. The parties agree to settle an employee’s case on a full, final, and complete basis, which closes out both past and future monetary benefits in exchange for a lump sum payment, but leaves open entitlement to future medical care to be paid by the workers’ compensation insurance company. 
• There is no dispute on an employee’s workers’ compensation case. The parties agree to settle an employee’s case on a full, final, and complete basis, for a close out of the employee’s entitlement to future wage loss benefits in exchange for a lump sum payment, leaving open entitlement to future medical care. 
• The insurance company denies primary liability on an injured workers’ case. The parties agree to settle all claims, including entitlement to future medical care, in exchange for a lump sum payment. 
• The employee previously entered into a settlement, closing out his or her entitlement to monetary benefits. A dispute arises regarding the employee’s entitlement to medical care. The parties enter into a settlement agreement whereby the insurance company pays a compromised amount to the employee’s medical providers. The employee’s ongoing medical care remains open.

I often hear from clients statements like “my uncle got X dollars for the same injury I had,” or “my neighbor only got X dollars for the same injury I have, is that all that I will get?”

The biggest variable that comes in to play in calculating a “demand” for purposes of settlement negotiations on a Minnesota workers’ compensation case is not necessarily the type or severity of the Employee’s injury. It is usually the amount of the injured worker’s Average Weekly Wage (AWW). The AWW determines the compensation rate for both temporary total disability (TTD) benefits and temporary partial disability benefits (TPD). Other factors that come into play is the type and severity of the injury, how long the employee has been and/or is expected to be off work, what the employee’s projected earning capacity is, whether the employee is currently working, whether the insurance company has admitted or denied primary liability, the strength of any defenses the insurance company may have to the claim, whether the employee is 90 days post-MMI, and how long the insurance company has paid benefits to the employee. Things like pain and suffering you've experienced, loss of enjoyment of your previous lifestyle, and the stress of dealing with an injury do not factor in to the value of your workers' compensation claim, because these types of intangible losses are not compensable under the Minnesota workers’ compensation system.

So, the long answer to the question “How much will I get for my Minnesota workers’ compensation settlement?” is:

It depends on the specific facts of your case! At Meuser & Associate, we’ve tried hundreds of workers’ compensation cases, and settled thousands of cases. We can help make sure you get the benefits you’re entitled to, whether it be by trying your case, or by settling your case.

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

Visit us at MeuserLaw.com!

12 Traffic Deaths in MN in First Days of October Leads to Safety Belt Enforcement Campaign

On Friday, a campaign of increased seat belt enforcement began across the state following a streak of deadly car crashes in the first few days of October. This increased enforcement will run through October 28th according to the Minnesota Department of Public Safety.

During the first six days of October, there were at least 12 traffic fatalities. Those deaths included at least 5 vehicle occupants who were not buckled up. On Tuesday night, there was a rollover crash in Fridley in which four unbelted occupants were ejected from the vehicle, resulting in one death and two critical injuries.

According to Lieutenant Eric Roeske of the Minnesota State Patrol, “This crash is the perfect example of why 400-plus people are killed in Minnesota roads annually—aggressive driving, possible alcohol use, and of course, no seat belts.” He further noted that “Despite all the mistakes that led to this crash, seat belts could have made a difference. The aim of this enforcement effort is to encourage belt use to prevent these tragedies.”

Each year, unbelted motorists account for more than one-half of all vehicle occupants killed. In Minnesota, between 2007 and 2009, more than 1,000 motorists were killed in crashes and only 43 percent were belted.

The Department of Public Safety notes that during a rollover crash, unbelted motorists are usually ejected from the vehicle, often crashing through a window and then being crushed by the vehicle. Unbelted motorists will also slam into and injure others in the vehicle during a crash, and in less severe crashes, unbelted motorists may break teeth or noses on the steering wheel. The odds of injury are six times greater for people not wearing seatbelts than for people who are wearing seat belts during a crash.

If you were injured in a motor vehicle collision due to someone else’s negligence, you may be entitled to compensation for your medical bills, your permanent injuries, and your pain and suffering. Contact Meuser & Associates at 877-746-5680, or click here to send us an email to schedule a free, no-obligation consultation with one of our personal injury attorneys.

Be Safe On the Road and at Work During the Fall Harvest Season in Minnesota

According to federal and state statistics, farming is one of the most dangerous professions. Last year, 18 of the 60 work-related deaths in Minnesota were in the agricultural industry.

In addition to work-related injuries, roadways during harvest season are also particularly dangerous, as equipment is transported and harvests are hauled in from fields. In Minnesota in 2009, there were 156 car accidents that involved a crash with a tractor or other farm equipment, which resulted in 29 injuries and three deaths.

From the Minnesota Department of Agriculture, here are some tips to avoid accidents during harvest season:

Safety on the Road:

Three deaths and 29 injuries occurred on Minnesota roads in 2009 as a result of motor vehicle crashes involving farm equipment.

For people living or driving in rural areas:

•  Be on the look out for farm equipment;
• Slow down when encountering slow moving vehicles;
• Wait for a safe place to pass; and
• Avoid using a cell phone while driving.

For farmers and agricultural workers:

• Make yourself easy to be seen by using lights and flashers;
• Use slow moving vehicle emblems on vehicles traveling less than 30 miles per hour; and
• Consider using a follow vehicle when moving large equipment on roadways.

Equipment safety:

Farm equipment is powerful, heavy, and can be very dangerous.

• Pay attention to all safety information on your equipment;
• Inspect and repair any hazards before operating;
• Identify hazardous areas on equipment, and make sure to stay away from moving parts.
• Be aware of pinch points, shear points, wrap points, pull-in areas, thrown objects, crush points, stored energy hazards, and exposed moving parts;
• Shut down equipment, turn off the engine, remove the key, and wait for moving parts to stop before dismounting equipment; and
• Keep bystanders away from equipment operation areas.

Grain handling safety:

Grain handling accidents, often involving grain bin entrapment, can be catastrophic.

• Lock entrances to grain handling areas to keep bystanders out;
• Install ladders inside bins;
• Do not enter grain bins that are being loaded or unloaded;
• Shut off and lockout power before entering a bin. Use a safety harness and safety line. Have several people available to lift the entrant out in case of an emergency; and
• Wear proper respirators when working in and around grain handling areas.

Livestock handling safety:

Last year, in Minnesota, there were seven fatalities involving livestock handling.

• Label livestock handling areas to warn away visitors;
• Design livestock pens and handling facilities according to manufacturer recommendations;
• Facilities should be designed to allow workers easy access to and away from animals;
• Keep bystanders away from livestock handling areas; and
• Understand the common instincts of animals to avoid predictable dangerous behaviors.

Under Minnesota workers’ compensation law, certain farm laborers are excluded from workers’ compensation coverage. Family farms are excluded from mandatory coverage. A family farm is defined as a 1) farm operation paying less than $8,000.00 per year in cash wages to farm laborers in the previous calendar year; or 2) a farm operation that pays carries $300,000.00 and $5,000.00 under a farm liability and medical payment policy, that paid less than the statewide average annual wage to laborers in the previous calendar year.

If you sustained injury as a result of a motor vehicle accident involving farm equipment, or if you were injured while performing agricultural work, contact Meuser & Associates at 877-746-5680 or click here to send us an email for a free, no-obligation consultation. Speak with one of our lawyers to learn about your Minnesota personal injury or workers’ compensation rights.

Two Minneapolis Police Officers Hurt in Car Crash on Tuesday

The Star Tribune reports that two Minneapolis police officers were injured Tuesday night in a car accident involving the squad car occupied by the police officers, and two other vehicles in downtown Minneapolis on 10th Street and 3rd Avenue South. The police officers were headed north, on their way to assist other officers who were investigating a report of a person with a gun.

According to the Strib, the exact cause of the crash has yet to be determined.

The police officers were taken to Hennepin County Medical Center, where one was admitted with a dislocated hip and leg injuries, and the other was treated for a broken ankle.

On-the-job car accidents are one of the most common causes of injuries to Minnesota police officers. Police officers who are injured as a result of a car accident in the course and scope of their employment are entitled to Minnesota workers’ compensation benefits, including medical expense benefits, wage loss benefits, rehabilitation benefits, and permanency benefits.

In addition to workers’ compensation benefits, Minnesota police officers who sustain injuries in a car accident while at work may also be able to bring a personal injury claim against the at-fault party or parties.

What additional benefits are available in a civil liability claim?

While Minnesota workers’ compensation provides coverage regardless of who is a fault, there are limits to the types that can be brought. Here are some of the differences between the types of benefits available.

Workers’ Compensation	Civil Liability
Wage Loss Limited to 130 weeks when you are completely off work. Limited to 225 weeks when you are working at a reduced earning capacity. Wage loss benefits may end 90 days after you reach Maximum Medical Improvement (MMI) if you are completely off work. Limited to 2/3 of your average weekly wage. Capped at $850.00 per week.	Wage Loss No time limit on the duration of your wage loss claim, either when you’re completely off work, or when you’re working at a reduced earning capacity.  Can claim 100% of your actual wage loss.   Maximum Medical Improvement (MMI) has no impact on the duration of your entitlement to wage loss. No monetary cap.
No claims for  pain and suffering,  loss of enjoyment of life,  inconvenience,  embarrassment, etc.	Can claim  pain and suffering,  loss of enjoyment of life,  inconvenience,  embarrassment, etc.
No loss of consortium claims for spouses.	Loss of consortium claims for spouses.

There are law firms in Minnesota that practice workers’ compensation law, and there are law firms in Minnesota that practice personal injury law. There are also a few firms that practice both workers’ compensation and personal injury, including Meuser & Associates. When your attorney practices in both areas, there’s no need to hire two separate lawyers to handle both aspects of your case. 

Check out our previous article about Car Accidents in the Course and Scope of Your Employment for more information. 

We also represent police officers and firefighters in claims for PERA duty disability benefits if they sustain injuries that prevent them from continuing in their positions.

Meuser & Associates has represented dozens of police officers throughout the State of Minnesota for both workers’ compensation and personal injury claims. For a free, no-obligation case evaluation call us at 877-746-5680 or click here to send us an email.