Pain and Suffering and MN Workers' Compensation

How much will my employer have to pay me for the pain and suffering I’ve had to endure because of my work injury? 

Nothing, unfortunately. 

While Minnesota workers’ compensation provides a variety of benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and rehabilitation benefits, intangible losses, such as pain and suffering or loss of enjoyment of life, are not covered by workers’ comp.

Workers’ compensation is a no-fault system, meaning that it is not necessary for an injured worker to prove that his or her employer was at fault for her injuries in order to recover workers’ compensation benefits.

Basically, when Minnesota workers’ compensation laws were developed, they were based on a trade-off theory. An injured worker receives compensation for injuries he or she sustains at work regardless of fault, but the nature and extent of benefits is limited to those specific types of benefits set forth in the Chapter 176 of the Minnesota Statutes – or the Workers’ Compensation Act. An injured worker gives up the right to sue his or her employer for tort damages, including intangible losses such as pain and suffering.

In the vast majority of cases, work injuries aren’t really anyone’s fault per se. They most often occur due to an accident – where no one is at fault. Even where an on-the-job injury does occur as a result of an employer’s fault or negligence or the fault or negligence of a co-worker, the injured worker is still limited to the remedies available under the Minnesota Workers’ Compensation Act.

On the flip-side, a worker who sustains injuries as the result of an accident, where no one is at fault, is still eligible for workers’ compensation benefits. Even where the employee’s injuries are due to his or her own negligence, in most cases, that worker is covered by workers’ compensation.

Is this always fair? Certainly not. There are cases that involve egregious conduct on the part of an employer or a co-worker. There are cases that involve terrible pain and suffering where the compensation available under the Workers’ Compensation Act is truly inadequate.

We do see cases where the workers’ compensation benefits are truly inadequate to compensate an injured worker for his or her losses. However, the workers’ compensation system provides no-fault insurance for nearly all workers in the State of Minnesota for on-the-job injuries without requiring the injured worker to sue his or her employer, and without requiring the injured worker to prove that his or her employer was at fault for his or her injuries.

Even though pain and suffering is not covered, workers’ compensation in Minnesota does provide a variety of benefits, including medical expense benefits, wage loss benefits, vocational rehabilitation benefits, and permanent partial disability benefits.

Moreover, in cases where an employee’s injuries are due to the fault of a third-party, other than the employer or a co-worker, that injured worker may be able to bring a civil liability claim against the at-fault party in addition to a claim for Minnesota workers’ compensation benefits.

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

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. 

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

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

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

Traffic accidents accounted for 73 of 160 police in-the-line of duty deaths in 2010. Traffic accidents have replaced guns as the greatest risk to police officers.
Police officers and State Troopers who sustain injuries as a result of an on-duty auto collision may be entitled to a variety of benefits. First, these types of injuries are covered by Minnesota workers’ compensation. Workers’ compensation benefits include medical expenses, wage loss benefits, rehabilitation benefits, and permanent partial disability benefits.

In addition to workers’ compensation benefits, Minnesota police officers and state troopers who sustain injuries as a result of a motor vehicle collision caused by someone else’s negligence or fault may also be able to bring a civil liability personal injury claim against the at-fault party for medical expenses, lost wages, and pain and suffering.

If a Minnesota police officer or State Trooper sustains career-ending injuries, he or she may also be entitled to Public Employees Retirement Association duty disability benefits or Minnesota State Retirement System duty disability benefits, and continuation of healthcare under Minn. Stat. 299A.465.

Police officers should be especially particular in choosing a workers’ compensation, personal injury, or PERA or MSRS lawyer. Make sure your lawyer understands all the benefits available to you. Meuser & Associate has represented dozens of police officers throughout the state of Minnesota for workers’ compensation claims, personal injury claims, MSRS and PERA claims. Make sure you don’t miss out on benefits you’re entitled to. For a free, no-obligation consultation with one of our workers’ compensation lawyers, call us at 877-746-5680 or click here to send us an email.

Visit us at MeuserLaw.com!

Common Minnesota Construction Injuries and Work Comp

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

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

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

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

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

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

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

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

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

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

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

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

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

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!

Top Four Construction Injury Hazards

According to OSHA, the top four causes of construction fatalities are 1) falls, 2) being struck by objects, 3) being caught in confined spaces or between objects, and 4) electrocutions.

Here are some simple tips to avoid these hazards: 

Preventing Injuries from Falls

• Employees should wear and use personal fall arrest equipment.
• Employers should ensure that perimeter protection is installed and maintained.
• Floor openings should be covered, secured, and labeled.
• Employee should use ladders and scaffolds safely.

Preventing Injuries from Being Struck by an Object

• An employee should avoid positioning him or herself between moving and fixed objects.
• Employees should wear high-visibility clothing near equipment and vehicles.

Preventing Injuries from Being Caught In Confined Spaces or Between Objects

• Employee should not enter an unprotected trench or excavation five feet or deeper without an adequate protective system.
• Employers should make sure trenches or excavations are protected either by sloping, shoring, benching or trench shield systems.

Preventing Injuries from Electrocutions

• Employees and employers should locate and identify utilities before starting work.
• Employees should look for overhead power lines when operating any equipment.
• Employees should maintain a safe distance away from power lines and learn the safe distance requirements.
• Employees should not operate portable electric tools unless they are grounded or double insulated.
• Ground-fault circuit interrupters should be used for protection.
• Employees should be alert to electrical hazards when working with ladders, scaffolds or other platforms.

When a construction worker is injured on a job site, it often raises unique issues under the Minnesota workers’ compensation law. For example, there may be a dispute as to whether the worker is an independent contractor or an employee. Independent contractors are not covered by workers’ compensation in Minnesota, but employees are covered. Another rule unique to the construction industry is that if an employee is injured, and the subcontractor-employer is uninsured for workers’ compensation, the general contractor may be liable for workers’ compensation benefits. A third issue that frequently arises when a construction worker sustains injury is determining whether there is a liability claim against a negligent third party, in addition to a claim for workers’ compensation benefits.

If you’ve sustained a work-related construction injury, you should speak with a workers’ compensation lawyer to learn how to protect your Minnesota workers’ compensation rights, and to explore any potential rights you have to make a third-party liability claim to compensate you for your injuries. For a free, no-obligation consultation with one of our workers' compensation lawyers, contact Meuser & Associates at 877-746-5680, or click here to send us an email.

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.

Construction Worker Injuries and Minnesota Injury Law

As the weather grows warmer here in Minnesota, demand for construction workers will increase. Unfortunately, as construction increases during the Spring and Summer months, so do construction injuries. Construction workers, including framers, siders, roofers, painters, electricians, plumbers, welders, installers, concrete workers, and steel workers are all at high risk for work-related injuries. Construction workers and skilled laborers and tradesman should be aware of their rights if they are injured while working on a construction job.

On any given day, nearly 6.5 million people work at approximately 252,000 construction sites. Unfortunately, the fatal injury rate in the construction industry is much higher than the national average for all other industries. In 2007, there were 441 work-related construction worker deaths, and there were 39 construction worker fatalities in Minnesota. Construction has about 8% of U.S. workers, but 22% of the fatalities - the largest number of fatalities reported for any of the industry sectors.

Common Hazards for Construction Workers

Some common potential hazards for workers in the construction industry include:

• Falls from ladders
• Falls from roofs
• Falls from scaffolding
• Scaffolding collapses
• Trench collapses
• Electric shocks
• Arc flashes/arc blasts
• Repetitive motion injuries
• Foreign objects in eyes
• Chemical exposure to the eyes or skin
• Injuries from falling objects
• Puncture wounds
• Hand and foot crush injuries
• Respiratory exposure to toxic fumes or chemicals
• Burns
• Lifting injuries
• Structural collapses
• Crane accidents
• Forklift accidents
• Backhoe accidents
• Frontloader accidents
• Elevator shaft falls
• Occupational hearing loss
• Heavy equipment accidents
• Motor vehicle accidents
• Power line accidents
• Compressed gas explosions
• Power tool accidents
• Lead poisoning
• Derrick accidents
• Falls through skylights and floor openings
• Boom collapses
• Hoist accidents
• Conveyor accidents
• Crane tip-overs
• Saw accidents
• Sander accidents
• Over-exertion injuries
• Polisher accidents
• Exposure to asphalt fumes
• Skid steer loader accidents
• Hoist accidents
• Falls from telecommunication towers
• Winch accidents
• Excavation cave-ins
• Grater accidents
• Carbon monoxide poisoning
• Scraper accidents
• Tractor accidents
• Silica dust exposure
• Bobcat accidents
• Bulldozer accidents
• Boiler accidents and explosions
• Gas explosions
• Foundation collapses
• Nail gun accidents
• Air compression accidents
  

Minnesota construction workers who are injured on the job are often entitled to workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanency benefits, and rehabilitation or retraining benefits. If a construction worker is killed as the result of his or her construction work activities, his or her survivors may be entitled to death and dependency workers’ compensation benefits.

“Independent Contractors” or Employees?

Unfortunately, many construction workers incorrectly believe that they are “independent contractors” who are generally not entitled to Minnesota workers’ compensation benefits. In many, many cases, a construction worker who has been labeled as an “independent contractor” by his or her employer is actually an employee under Minnesota law. That means they are entitled to workers’ compensation benefits.

Effective January 2009, the Minnesota legislature passed a law requiring “independent contractors” to obtain an Independent Contractor Exemption Certificate, among other things. If a so-called “independent contractor” is injured on a construction job in Minnesota after January 2009, and does not have an Exemption Certificate, he or she is considered an employee for purposes of workers’ compensation. Even if a construction worker has obtained an Exemption Certificate, there are several other factors that must also be met in order for an employee to be considered an “independent contractor” for purposes of Minnesota workers’ compensation.
Even prior to 2009, for a construction worker to be considered an “independent contractor,” a series of several factors had to be satisfied. Otherwise, the injured worker was considered an employee for purposes of Minnesota workers’ compensation.

If you are a construction worker who was hurt on the job, and you’re unsure whether or not you’re an “independent contractor,” we are happy to provide a free, no-obligation consultation. Call Meuser & Associates at 877-746-5680 or click here to send us an email. Unfortunately, if there is any question as to whether you are an employee or an independent contractor, it is almost guaranteed that the workers’ compensation insurance company will deny your claim.

Uninsured Subcontractors

Generally, an employer is liable only for workers’ compensation benefits to its own employees. However, there is one major exception to this rule which is unique to the construction industry. Where a subcontractor fails to obtain workers’ compensation coverage, the general or intermediate contractor is liable for workers’ compensation benefits to an injured employee, if the subcontractor is working on the subject matter of the subcontract. What this means is that if you are an employee of a subcontractor, and your employer failed to carry workers’ compensation, the general contractor on the job may be responsible for workers’ compensation benefits if you are hurt on the job.

If you are hurt on the job, and your employer is a subcontractor that has no workers’ compensation insurance coverage, you may be covered by the general contractor’s workers’ comp. insurance. Unfortunately, it is almost guaranteed that the general contractor’s insurance company is not going to want to pay your claim. You will probably be in for a fight to get the workers’ compensation benefits you are entitled to. We’ve successfully represented many construction workers in situations like this. Call 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 workers' compensation lawyers.

Uninsured Employers and Workers’ Compensation Benefits

Unfortunately, especially in this horrible economic climate, many small construction companies don’t carry workers’ compensation insurance, in an effort to cut costs. If you are a construction worker injured on the job and your employer has no insurance, you may still be entitled to workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanency benefits, and rehabilitation and/or retraining benefits. The Minnesota Special Compensation Fund pays workers’ compensation benefits when an employee is injured on the job, but the employer has no workers’ compensation insurance. The uninsured employer does not get by for free in this situation, however. Employers are required by law to carry workers’ compensation insurance to cover their employees. If an employee is injured and the Special Compensation Fund has to pay for that employee’s benefits, the uninsured employer has to reimburse the Special Compensation Fund, and it may also be liable for fines and penalties.

Securing workers’ compensation benefits from the Minnesota Special Compensation Fund when the employer had no insurance is a relatively complex process. The Special Comp Fund treats claims just like a insurance company does, which means they may deny your claim just like a regular insurance company. If your employer had no insurance, you are well advised to contact an experienced workers’ compensation lawyer to help you secure work comp. benefits. Call Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation with a workers' comp. lawyer.

Third-Party Liability Claims

In addition to workers’ compensation benefits, injured construction workers frequently have third-party liability claims against third parties. Often, injuries to construction workers and job site accidents are caused by the negligence or carelessness of third parties. In any case where a construction worker’s injuries are caused by a third party, other than the employer or a co-worker, there may be a civil case against the third party. Common examples include motor vehicle accidents, accidents caused by other subcontractors, and accidents caused by the negligence of a property manager or owner. While Minnesota workers’ compensation provides some wage loss benefits, some permanency benefits, and some other monetary benefits, generally, civil claims allow an injured person to claim much greater damages, such as greater wage loss, future medical expenses, pain and suffering, and loss of enjoyment of life.

A lawyer representing a construction worker injured on a construction site should always investigate the facts of a case to determine whether there is a potential civil claim against a third party. Unfortunately, some lawyers practice only workers’ compensation law, or only personal injury law. Lawyers who practice only personal injury law may not be able to effectively handle your workers’ compensation case. Conversely, lawyers who practice only workers’ compensation law may not recognize your civil case, and may not be able to effectively handle it. In that case, you might need two lawyers to deal with your one accident. The lawyers at Meuser & Associates practice both workers’ compensation and personal injury law, so we know how to do both, and we can handle both aspects of your case, eliminating the need to hire two different lawyers. Call us today at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation.

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

Minnesota Police Officers and Common Workers’ Compensation Injuries

Minneapolis police officers, St. Paul police officers, and other Minnesota police officers and law enforcement personnel place themselves in harm’s way on a daily basis to protect public safety. When a police officer is injured in the course and scope of his or her duties, those injuries are covered by Minnesota workers’ compensation.

We have successfully represented many MN police officers for workers’ compensation benefits after they sustained work-related injuries, such as:

Motor vehicle accidents: Police officers are at a high risk for sustaining injuries as the result of a car accident, simply by virtue of the amount of time many police officers spend in their squad cars. Regardless of fault, a Minnesota police officer is entitled to workers’ compensation benefits if they are injured as the result of a motor vehicle collision. In addition to workers’ compensation benefits, police officers may be entitled to personal injury protection (PIP) benefits, through their automobile insurance. If the crash was caused by the negligence of another party, the police officer may also have a personal injury claim against the at-fault party.

Slip and Fall Accidents: Minnesota’s icy winters create dangerous conditions for police officers going up and down stairs or walking on icy driveways or sidewalks. Falls can cause grievous injury, including head injury, traumatic brain injury, back injury, neck injury, or spine injury. Police officers who suffer injury as the result of a fall are entitled to workers’ compensation benefits. They may also have a negligence claim against the person or entity responsible for maintaining the premises where the fall occurred.

Lifting injuries: Lifting injuries sustained by police officers are extremely common. Such injuries can range from temporary sprains and strains to serious spinal disc injuries. Lifting injuries sustained by police officers are covered by workers’ compensation.

Heart attacks: Law enforcement is an extremely stressful job. Heart conditions, including heart attacks, due to the stress of a police officers’ job duties, are often covered by Minnesota workers’ compensation. In fact, the Minnesota legislature has created a legal presumption that when a Minnesota police officer suffers certain heart conditions, they are presumed to be caused by the officer’s work activities.

Post-Traumatic Stress Disorder (PTSD): Due in large part to increased awareness about the psychological effects of dealing with traumatic and stressful situations, more and more Minnesota police officers are seeking treatment for Post-Traumatic Stress Disorder (PTSD). Police officers are often told that this condition is not covered by workers’ compensation. That is not necessarily the case. We have successfully secured substantial settlements on behalf of several police officers suffering from the effects of Post-Traumatic Stress Disorder.

Injuries From Assaults: Physically dealing with dangerous suspects and criminals frequently results in injuries to police officers, ranging from gunshot or knife wounds, bruises, broken bones, dislocated shoulders, torn ligaments, head injuries, and a wide variety of other types of injuries. These injuries are covered by Minnesota workers’ compensation. In some cases, an injured police officer may also have a cause of action against the person who caused the injury.

Exposure to Hazardous Substances: Police officers are frequently exposed to hazardous substances, including chemicals, drugs, smoke, fumes, and even blood-borne pathogens. If a police officer suffers any health effects as a result of exposure to toxins or hazardous substances, those conditions are covered by workers’ compensation

Other common police officer injuries include:

• Dog Bites
• Cold Exposure or Frostbite
• Burns
• Occupational Hearing Loss
• Injuries From Falling Objects
  

In addition to workers’ compensation benefits, and civil liability claims against negligent third parties, injured police officers may also be entitled to additional benefits, including PERA or MSRS duty-disability benefits and healthcare continuation benefits. Meuser & Associates has successfully represented many Minnesota police officers for a variety of injuries for workers’ compensation benefits, no-fault benefits, auto liability claims, duty-disability applications and appeals, and healthcare continuation applications and appeals. To schedule a free, no-obligation consultation with one of our lawyers, 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

Move Over! Almost Fifty Minnesota State Troopers Hit By Other Vehicles Since December 2008

Minnesota state law requires that motorists move over at least one lane for emergency vehicles with activated emergency lights. If a motorist cannot safely move over, they are required to reduce their speed. Failure to move over can result in a citation, or even worse, an accident.

On March 11, Kare 11 reported that 48 Minnesota State Patrol squad vehicles have been struck on Minnesota roads since December 2008. Apparently, this is twice as many accidents as there were during this time last year.

Moving over a lane is especially important when navigating Minnesota’s snowy, slushy, or icy roads in the late winter and early spring months. It’s very easy to lose control or to have difficulty stopping when road conditions are less than ideal.

If you hit a stopped State Patrol car, you not only risk injuring yourself, but you risk hurting the state patrol officer and other drivers stopped on the side of the road. At the very least, you risk a citation.

State Troopers who are injured as the result of motor vehicle accidents in the course and scope of their employment may be entitled to a number of benefits. First, they may be entitled to benefits through workers’ compensation. They may also have a civil liability claim against the driver who hit them. If the officer’s injuries are serious and disabling, the officer may also be entitled to MSRS disability benefits.

If you’re a state trooper who sustained injuries as the result of a motor vehicle and would like to know what benefits you may be entitled to, contact Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free consultation.

We have successfully represented a number of state troopers for workers’ compensation benefits, civil liability claims, and MSRS disability benefits.

Visit our website at MeuserLaw.com!

Car Accidents and Uninsured Motorist Coverage in Minnesota

In Minnesota, the law requires that all vehicles garaged in the state be covered by minimum amounts of no-fault coverage, liability coverage, uninsured motorist coverage, and underinsured motorist coverage.

Statistics show that about 14% of U.S. drivers, however, do not have insurance. We see people injured by uninsured drivers way too often. If you are injured by an uninsured driver, you probably won’t sue the person who was at fault. This is because it is extremely difficult to actually collect any proceeds from people who have no insurance, even if you win a lawsuit against them.

Instead, you go to your own insurance policy, which provides uninsured motorist coverage in the event that you are injured by an at-fault uninsured motorist. This type of coverage affords most of the same types of benefits available in a civil liability case against the at-fault driver, such as medical expense reimbursement, wage loss reimbursement, compensation for pain and suffering, compensation for permanent injuries or disfigurement, and compensation for loss of future earning capacity.

Uninsured motorist coverage, however, does not cover for personal property losses.
If you are involved in an accident with an uninsured driver, and you don’t have collision coverage, you won’t be able to recover for the damage to your vehicle against your uninsured motorist coverage.

If you were not in your own vehicle at the time of the collision, if you were a pedestrian hit by a car, or if you were on a bicycle, determining which insurance company is responsible for uninsured motorist coverage can become very complicated, very quickly. Additionally, if you were in a vehicle you didn’t own at the time of the car accident, and your losses were greater than the uninsured motorist coverage policy limits on the vehicle you were in, you may potentially have a claim for excess coverage against your own uninsured motorist coverage.

It is important to make sure you are dealing with the correct insurance companies if you’ve sustained injuries as the result of an accident with an uninsured motorist. An experienced personal injury lawyer can figure out which insurance company is responsible, and determine if there is excess coverage available. If you’ve been injured as the result of the negligence of an uninsured driver, contact Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation. We can help you get the compensation you deserve.

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MN Work Comp and Ammonia Exposure at Work

On March 3, 2009, in Willmar, Minnesota, seven employees at the Jennie-O Turkey plant were treated at Rice Memorial Hospital and released, after an ammonia leak forced an evacuation of the plant.

Ammonia exposure and exposure to other chemicals at work is covered by Minnesota workers’ compensation. Not only are medical expenses related to the chemical exposure covered by work comp, but if an employee exposed to toxic chemicals misses work due the exposure, the employer and/or the work comp insurance company are responsible for paying wage loss benefits. If permanent injuries occur as the result of the exposure, permanency benefits may be available.

Ammonia (NH3) is one of the most commonly used and produced industrial chemicals in the United States. Some of its chemical and physical properties include:

• At room temperature, ammonia is a colorless, highly irritating gas with a pungent, suffocating odor.
• In its pure form, ammonia is known as anhydrous ammonia and it is hygroscopic, which means it easily absorbs moisture.
• Ammonia has alkaline properties and it is corrosive.
• Ammonia gas dissolves easily in water and forms ammonium hydroxide, which is a caustic solution.
• Ammonia gas is easily compressed and forms a clear liquid under pressure.
• Ammonia is not highly flammable, but containers of ammonia may explode when exposed to high heat.

Ammonia exposure can cause catastrophic injury or death. It interacts immediately on contact with moisture found in a person’s skin, eyes, mouth, and respiratory tract to form a very caustic solution called ammonium hydroxide. Ammonium hydroxide damages tissues and causes an inflammatory reaction.

Inhalation of ammonia can cause severe and even life threatening health conditions. Exposure to high concentrations of ammonia in the air causes immediate burning of the nose, throat and respiratory tract. This can cause damage to the throat and lungs resulting in respiratory distress or failure, which may lead to death. Lower concentrations can cause coughing and nose and throat irritation. Lung and throat injuries due to ammonia exposure may be permanent and can cause long-term health problems.

Eye or skin contact with low concentrations of liquid or gaseous ammonia can produce immediate skin or eye irritation. Higher concentrations can cause severe burns to the skin and injury to the eyes. Eye contact with concentrated ammonia can cause permanent eye damage or even blindness. The full extent of an eye injury due to ammonia exposure may not be evident for up to a week after the exposure. Skin contact with liquefied ammonia can also cause frostbite injury.

Ingestion of concentrated ammonia can result in corrosive damage to the mouth, throat, and stomach.

Ammonia exposure is treated by decontamination with water, and supportive therapies to repair damaged skin, eyes, throat and lung tissues. Unfortunately, exposure to ammonia can have serious, long-term health effects.

Hopefully, the seven individuals treated for ammonia exposure in Willmar fully recover without lasting problems. Ammonia exposure cases can become very complicated, very quickly, particularly when an employee has suffered lung or respiratory injuries. This is because it is somewhat difficult to measure the extent of damage to a person’s lungs and airways after ammonia exposure. The case may also be complicated if the employee has a history of smoking or asthma prior to the exposure. Workers’ compensation insurance companies frequently argue that the employee has not sustained long term lung damage, or that the damage was caused by something else. It’s wise to have an experienced workers’ compensation lawyer on your side.

We recently represented a gentleman who was sent by his employer to an off-site location to fix a leaking pipe. The plant where he went had been evacuated due to a chemical leak. He was exposed to high concentrations of an unknown chemical, but he was assured by the on-site safety coordinator that he did not need a respirator or protective clothing. After several hours of exposure, he was experiencing burning eyes, a cough, difficulty breathing, and disorientation. He also experienced long term lung problems. The insurance company denied his claim. We successfully procured workers’ compensation benefits on his behalf, and he has a civil claim pending for negligence against the company where he was doing the repairs. They should have warned him of the danger of the chemicals he was exposed to, but they assured him that he was safe and directed him to keep working in the dangerous environment without protective breathing apparatus or clothing.

We have successfully represented a number of employees who suffered lung and respiratory damage as the result of exposure to chemicals at work. In some cases, in addition to workers’ compensation benefits, if a party is exposed to the chemical as the result of the negligence of a third party, other than the employer or co-workers, that employee may have a civil liability claim. An experienced workers’ compensation lawyer can help make sure you receive 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.

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Car Accidents in the Course and Scope of Employment and Third-Party Claims

If you are involved in a car accident while in the course and scope of your employment, you may have a civil claim against the at-fault driver in addition to a workers’ compensation claim.

Workers’ compensation benefits include medical benefits, wage loss benefits, certain permanency benefits, and rehabilitation benefits. Workers’ compensation, however, does not allow claims for pain and suffering, loss of enjoyment of life, and other “intangible” losses.

A civil claim against the person who caused the car accident can include the entire amount of your wage loss, all medical expenses you have incurred, any other expenses you may have incurred, plus “intangible” losses, like loss of enjoyment of life, and pain and suffering. If you recover damages against a third-party in a civil liability action, your employer and/or the workers’ compensation insurer may have a subrogation interest to recover some of work comp benefits you’ve been paid.

Make sure you get all the benefits you are entitled to. Call Meuser & Associates at 877-746-5680 or email us here to schedule a free consultation.

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