Avoiding Work-Related Knee Injuries: MN Work Comp.

Knee injuries are one of the most common work-related injuries we see in our Minnesota workers’ compensation practice. According to the American Academy of Orthopaedic Surgeons, knee injuries send nearly 15 million Americans to the doctor every year.

From WebMD, here are six things you can do to avoid serious injuries to your knees:

1. Don’t ignore knee pain. In general, if your knee pain limits your ability to engage in your normal activities, it’s time to get it checked out. A minor knee injury can turn into a major knee injury without medical care.
2. Lose weight. Extra weight puts extra strain on your knees. Obesity increases your risk for osteoarthritis, a common and debilitating form of arthritis, and extra weight can cause existing arthritis to worsen more rapidly.
3. Follow through with rest and rehabilitation. Properly rehabilitating your knee after an injury is important to avoiding aggravations or re-injuries. Folks often go back to full-duty work before their knee injuries are fully healed, leading to a subsequent re-injuries that are usually worse.
4. Take care of your ACL. Injuries to the anterior cruciate ligament (ACL) account for about 150,000 knee injuries each year.
5. Don’t overdo it. Knees are also susceptible to overuse and repetitive use injury. Kneecap pain and tendinitis are common symptoms of knee overuse injuries.
6. Take care of other muscles in your legs, hips, and pelvis. When the muscles around the kneecap, hip, and pelvis are strong, it keeps the knee stable and balanced, providing support by absorbing some of the stress exerted on the joint.
   

Knee injuries can be debilitating, resulting in surgery and medical expenses, lost time from work, and permanent impairment. If you’ve sustained a work-related knee injury in Minnesota, you may be entitled to workers’ compensation benefits, including reasonable and necessary medical care, wage loss benefits, permanency benefits, and rehabilitation services.

Work-related knee injuries can be devastating. Contact Meuser & Associates, P.A., at 877- 746-5680 or click here to send us an email to schedule a free, no-obligation consultation to learn about your Minnesota workers’ compensation rights.

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Continuation of Healthcare Coverage and Minnesota State Troopers

This article is a follow up to an article I wrote in February of 2009 regarding continued healthcare coverage for State Troopers under Minn.Stat. §299A.465.

All firefighters and police offices in the state of Minnesota are eligible for continued healthcare insurance coverage if they receive duty disability benefits as a result of an injury in the line of duty. Continued healthcare insurance coverage means that the employer must continue to pay the employer’s share of health insurance premiums. Given the skyrocketing cost of health care insurance, this benefit is worth thousands of dollars.

In July 2008, the Minnesota legislature revised Minnesota Statute §299A.465 to make the process more streamlined for disabled police officers and firefighters to receive continued healthcare benefits. Unfortunately, the Minnesota Legislature screwed up when it re-wrote the statute. They forgot to include members of the Minnesota State Patrol.

We represented a State Trooper who was disabled in the line of duty for his workers’ compensation case. He was approved for duty disability benefits under MSRS (Minnesota State Retirement System), but when he applied for continued healthcare coverage, he was informed that he wasn’t eligible for this benefit. We filed a lawsuit on his behalf against the State of Minnesota, arguing that State Troopers are in fact covered under Minn.Stat. §299A.465 and they are entitled to continued healthcare insurance, just like all other police officers in the state.

Shortly thereafter, due in part to our efforts, the Minnesota legislature revised the statute to include Minnesota State Troopers, who they had inadvertently left out in the 2008 version of the statute. In the meantime, however, our State Trooper client had to pay out of pocket for his healthcare insurance, and incurred additional expenses due to his high deductible. Recently, we reached a settlement with the State on behalf of our State Trooper client. The State agreed to reinstate his healthcare insurance coverage that he should have received as soon as his duty disability benefits were approved. They also agreed to reimburse him for the extra costs he incurred due to having to purchase his own healthcare insurance.

If you are a Minnesota State Trooper, or any police officer in the state of Minnesota, and you’ve sustained an injury on the job, contact Meuser & Associates, P.A., for a free, no-obligation consultation to find out what benefits you may be entitled to under workers’ compensation, PERA or MSRS duty disability, and continued healthcare coverage under Minn. Stat. §299A.465. Call Ron or Jen at 877-746-5680 to schedule a free consultation or click here to send us an email.

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Can I Receive Workers’ Compensation and PERA Duty Disability at the Same Time?

Yes! In most cases, you can receive PERA disability benefits and workers’ compensation benefits at the same time.

Police officers, firefighters, and other public employees who receive PERA disability pension benefits are usually also entitled to workers’ compensation benefits.

PERA allows a disabled firefighter or police officer to receive duty disability benefits plus workers' compensation wage loss benefits, up to a total of his or her salary at the time of the disability, or the current salary of the position, whichever is greater. PERA reduces the benefit amount dollar-for-dollar if a combination of the two benefits exceeds this limit.

If the disabled firefighter or police officer is able to work in a non-police-and-fire position, that individual can receive duty disability benefits plus re-employment earnings plus workers’ compensation wage loss benefits, up to a total of 125% his or her salary at the time of the disability or the current salary of the position. PERA reduces its benefit payment for $1 of each $3 earned in excess of those limitations.

If a firefighter, police officer, corrections officer, or other public employee sustains an injury or a combination of injuries that prevents that person from returning to his or her former career, he or she may be entitled to both workers’ compensation benefits and disability pension benefits under the Public Employees’ Retirement Association (PERA), the Minneapolis Firefighters Relief Association (MFRA), the Minneapolis Employees Retirement Fund (MERF), the Minnesota State Retirement System (MSRS), and any other local retirement association.

If you’re a firefighter, police officer, or corrections officer, and you sustained an injury in the course and scope of your duties that will keep you from returning to your former position for a period of at least a year, you should strongly consider applying for duty disability benefits.

Unfortunately, if you’re a member of PERA, MSRS, or any other local or state retirement association, you’re probably keenly aware of the fact that these pension funds are woefully under-funded. Because of this issue, in the past few years, the Minnesota legislature has drastically changed the requirements to qualify for duty disability benefits.

In years past, if you had a career-ending work-related injury, you would almost certainly qualify for duty disability benefits under PERA, any of the local relief associations, and under MSRS. Under the most recent law changes, however, you now need to show that your disability “is the direct result of an injury incurred during, or a disease arising out of, the performance of normal duties or the actual performance of less frequent duties, either of which are specific to protecting the property and personal safety of others and that present inherent dangers that are specific to the positions covered by the public employees police and fire plan.” Minn. Stat. §353.01, Subd. 41 (2009). The requirements for duty disability under the PERA corrections plan, MFRA, MSRS, and other local plans are virtually identical to the requirements under the police and fire plan.

In plain English, what this means is that a disabled police officer, firefighter, or corrections officer must now prove not only that the injury occurred in the line of duty, but that the injury occurred during the performance of duties that involve protecting property or safety, and that are inherently dangerous. What does that mean? In all honesty, no one is entirely certain. This version of the law hasn’t been around long enough for any cases to make their way through Minnesota’s higher courts.

What we can say is that in reviewing duty disability applications, PERA is taking a very strict reading of the statute, which basically means that they are frequently denying applicants who are injured performing duties that are not “hazardous” enough. Obviously, if you are shot by a suspect, or burned in a fire, those are hazardous duties. And, slipping and falling on a patch of ice on the way into work is probably not hazardous enough. But there’s a lot of room between those two extremes.

Here are some examples of police officers, firefighters, and corrections officers we’ve assisted with applications and appeals for PERA and MSRS duty disability benefits:

• A corrections officer suffered a torn rotator cuff in her shoulder while hanging up an evidence bag doing intake of an inmate. She was initially denied duty disability benefits. We appealed, and PERA reversed its decision and awarded her duty disability benefits.

• A firefighter injured a disc in her low back while lifting a heavy patient on a stretcher. She returned to work, but re-injured her back when she fell off a fire truck while doing inventory. PERA initially denied her application for duty disability benefits, but reversed its decision when we appealed and awarded her duty disability benefits.

• MSRS denied duty disability benefits to a corrections officer who developed Post-Traumatic Stress Disorder (PTSD) after witnessing a traumatic incident involving prisoners. We appealed, and MSRS reversed its decision and awarded her duty disability benefits.

• A firefighter suffered several knee injures over the years, the last of which was sustained while he was carrying heavy fans around at the scene of a fire. We completed his application for benefits, and PERA awarded him duty disability benefits.

So why does it matter? Under PERA, MSRS, and other relief associations, the rate of pay for duty disability benefits is significantly higher than “regular” disability benefits. Over the course of several years, this can add up to tens or hundreds of thousands of dollars. In addition, police officers and firefighters who are awarded duty disability benefits under PERA, MSRS, or a local plan are entitled to continuation of healthcare coverage, which means your employer continues to pay their share of your healthcare premiums. That’s a huge financial benefit!

At Meuser & Associate, we believe that the vast majority of duties performed by police officers, firefighters, and corrections officers are hazardous, and we’ve successfully represented a number of police officers, firefighters, and corrections officers in both their workers’ compensation cases and for PERA and MSRS duty disability applications and appeals.

It is important that your workers’ compensation lawyer is familiar with the duty disability laws under PERA, MSRS, and other local retirement associations, otherwise, you could be leaving thousands of dollars in benefits on the table.

When we meet with a new client who is a firefighter, police officer, or corrections officer, we evaluate not only their workers’ compensation case, but we also evaluate any potential claims for PERA or MSRS disability benefits. We will give you an honest assessment on the likelihood of succeeding both on your claim for workers’ compensation benefits and your claim for disability benefits.

At Meuser & Associate, when we evaluate your claim for duty disability benefits, we always give you the option of preparing the application on your own. We’re happy to provide you with guidance to give you the best chance of succeeding on your application, while allowing you to complete it on your own. Alternatively, we can prepare your application and all necessary documentation for you. If you’ve been denied, we can also assist you with an appeal. If you applied on your own and received notice that your application for duty disability benefits was denied, you need to act fast! There’s a very limited time within which to complete an appeal.

Meuser & Associate, P.A. provides assistance with disability pension benefits on an hourly fee basis. For a FREE consultation, click here to send us an email, or call us at 877-746-5680 to speak with attorneys Ron or Jen.

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Friday, April 30, 2010: Put the Phone Away Day – Stop Distracted Driving

I see it on a daily basis and I’m sure you do too…you’re driving down the road, and someone makes a dumb maneuver, and you look over and the driver has a cell phone plastered to his or her head. I am the first to admit, I’m guilty of talking on the cell phone while I’m driving, but I’m determined to make a concerted effort to stop doing this. The fact of the matter is, it’s dangerous. In Minnesota, texting while driving is illegal, and if you have a permit or provisional license, talking on a cell phone while driving is illegal. If you are in an accident while you’re texting or while you’re on the phone, your use of your cell phone at the time of the crash may the basis for a negligence lawsuit against you. It’s just not worth the risk.

Friday, April 30, 2010 is “National No Phone Day,” as part of an effort by the U.S. Department of Transportation to raise awareness about the dangers of distracted driving, and in particular, the dangers of texting or using a cell phone while driving.

Studies have consistently shown that distracted driving can be just as dangerous as drunk driving. In 2009, the Washington Post concluded that every year, cell phone distraction causes 342,000 auto accident injuries and $43 billion each year in property damage, lost wages, medical bills and fatalities.

According to the Minnesota Department of Public Safety, distraction, including text-messaging or cell phone use, was a factor in at least 15 percent of all fatal crashes between 2005-2007, resulting in 240 deaths. Another 1,163 individuals suffered catastrophic injuries as a result of distracted driving crashes during this period.

Director of DPS Office of Traffic Safety Cheri Marti says “When you are composing or reading a text message, your focus is not on the road, and your hands definitely aren’t on the wheel. Driving is a multitasking activity in itself that requires complete attention.”

Even Oprah has joined the campaign to raise awareness about the dangers of distracted driving. Click here to watch her public service video about cell phone use while driving.

If you’re injured in a car accident, you may be entitled to no-fault personal injury protection benefits and you may have the right to bring a civil liability claim against the at-fault driver.

If you’ve suffered injuries as the result of a car accident, contact Meuser & Associates, P.A., for a free, no-obligation consultation to learn about your rights. Call us at 877-746-5680 or click here to send us an email to speak with one of our attorneys.

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

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

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

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

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

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

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

Most Dangerous Jobs

It doesn’t matter whether you work in a highly hazardous occupation or whether you have a career that doesn’t pose much risk of injury – if you sustain an injury arising out of your work, and within the course and scope of your employment in Minnesota, you are entitled to workers’ compensation benefits.

According to the U.S. Bureau of Labor Statistics, here are the ten most hazardous occupations in 2006:

1. Fishermen and women and fishing workers. 141.7 fatalities per 100,000 workers.

2. Airline pilots and flight engineers. 87.8 fatalities per 100,000 workers.

3. Logging workers. 82.1 fatalities per 100,000 workers.

4. Structural steel and iron workers. 61.0 fatalities per 100,000 workers.

5. Refuse and recyclable materials handlers and collectors. 41.8 fatalities per 100,000 workers.

6. Farmers and ranchers. 37.1 fatalities per 100,000 workers.

7. Power line-installers and repairers. 34.9 fatalities per 100,000 workers.

8. Roofers. 33.9 fatalities per 100,000 workers.

9. Traveling sales people and truck drivers. 27.1 fatalities per 100,000 workers.

10. Miscellaneous agricultural workers. 21.7 fatalities per 100,000 workers.

Thankfully, for most workers, the chances of being fatally injured on the job are slim. In 2006, there were only 3.9 fatal injuries per 100,000 workers. There were a total of 5,703 work-related deaths in the United States in 2006.

If you or a loved one suffers a fatal work-related injury, Minnesota workers’ compensation law provides a variety of death and dependency benefits.

If you are injured on the job in Minnesota, you may be entitled to workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanency benefits, and/or rehabilitation or retraining benefits.

If you or a loved one has been injured on the job, call Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free consultation to learn more about your rights under Minnesota workers’ compensation law.

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Attention Motorcyclists: Be Sure You Have Sufficient Insurance Coverage

According to the Star Tribune, one person was killed and another seriously injured in a Chisago County motorcycle versus mini-van accident on Wednesday, August 12, 2009. According to the article, the minivan ran a stop sign, hitting the motorcycle.

As of the end of July 29 motorcyclists had been killed in Minnesota this year. At the same time last year, there were 26 deaths. The article also notes that August and September are typically the most deadly in terms of motorcycle accidents.

Last year, there were a total of 72 deaths – the most since 1985. All other types of motor vehicle deaths have been on the decline, but deadly motorcycle accidents appear to be on the rise.

Meuser & Associates frequently represents people who are hurt in motorcycle versus car accidents. Unfortunately, regardless of fault, the motorcyclist usually is on the losing end of a motorcycle versus car crash. Invariably, the injuries are severe.

Unlike other vehicles in Minnesota, motorcycle owners are required to carry only liability insurance. Motorcyclists are not required to carry no-fault insurance, uninsured motorist coverage, or underinsured coverage.

It’s an unfortunate truth that motorcycle crashes usually result in severe injuries. As such, I can’t recommend strongly enough that motorcycle owners purchase sufficient no-fault insurance, uninsured motorist insurance, and underinsured motorist insurance to cover medical expenses, wage loss, and pain and suffering in case of a severe accident. Too often we see motorcyclists who suffer significant injuries but the at-fault party either has no insurance, or their insurance coverage is not sufficient to compensate the injured motorcyclist for his or her medical expenses, wage loss, pain and suffering, and loss of enjoyment of life.

Even if you are at fault, or involved in a single-vehicle crash, no-fault insurance covers your medical expenses and some wage loss. No-fault insurance is also the first line of insurance that covers your initial medical expenses if you are involved in a crash where the other vehicle is at fault.

If you are hit by an at-fault driver who has no insurance, uninsured motorist insurance covers additional medical expenses, wage loss, and intangible losses, like pain and suffering and loss of enjoyment of life. Unfortunately, way too many Minnesota drivers are out there on the roads without legally required liability insurance.

Even if the at-fault driver does have insurance, it’s often not enough to cover your losses. If you purchase underinsured motorist coverage, it provides an additional line of insurance coverage above and beyond the at-fault driver’s insurance. If you’re hit by a vehicle while you’re on a motorcycle, you are almost certainly going to be taken by ambulance to an emergency room. If you have severe injuries, your medical bills can exceed $50,000.00 within hours. Minnesota requires drivers to carry a minimum of only $30,000.00 in liability insurance. The defendant driver’s insurance may not even be enough to cover your emergency room visit.

It’s also important to note that the no-fault, uninsured, and underinsured insurance you have on your car will not provide coverage for injuries sustained while you’re on your motorcycle.

If you or a loved one was injured as the result of a motorcycle accident, contact Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free consultation with one of our lawyers.

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As Temperatures Rise, Watch Out for Heat Exhaustion and Heat Stroke

While we’ve had a relatively cool summer this year, the forecast suggests that temperatures are going to be hotter in August.

People who work outdoors like construction workers, builders, road workers, utility workers, police officers, maintenance workers, landscapers, city workers, and heavy equipment operators need to be especially wary of heat-related work injuries.

Symptoms of heat exhaustion include a fever of 104 degrees or less, thirst, fainting, cool and clammy skin, weakness, aching muscles, sweating, slow heartbeat and dizziness. If you are experiencing these symptoms it is important to rest, get out of the sun, cool off, and re-hydrate.

Heat stroke is a life threatening condition when heat exhaustion goes untreated or unrelieved. Heat stroke takes place when the body temperature rises and the cooling system of the body stops working. Symptoms of heat stroke involve shortness of breath, nausea, vomiting, fatigue, and rapid heart beat.

If you require medical attention after suffering heat exhaustion or heat stroke on the job, your medical expenses are most likely covered by workers’ compensation. If you miss work due to a heat injury, you may also be entitled to wage loss benefits.

Prevention is the best cure when it comes to heat exhaustion and heat stoke during these hot summer months. Avoid excessively strenuously activity when temperatures go up, take frequent rest breaks, and keep hydrated.

If you’ve suffered a heat-related work injury and have questions about your workers’ compensation rights, contact Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free consultation.

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Calculating Permanent Partial Disability (PPD): MN Work Comp

One of the workers’ compensation benefits available to injured workers in Minnesota is Permanent Partial Disability (PPD).

If your doctor determines that you’ve suffered a permanent injury, your doctor may issue what’s known as a “permanency rating.” Minnesota law sets forth a schedule for assigning permanency ratings to almost any type of permanent injury imaginable. This percentage is then multiplied by a dollar figure to determine the amount of the PPD benefit you are entitled to.

Generally, doctors do not assign permanency ratings until you have been placed at Maximum Medical Improvement (MMI). PPD may be paid weekly, or it may be paid in a lump sum. PPD is generally not payable while you are still receiving Temporary Total Disability (TTD) benefits, but you may receive PPD while you are receiving Temporary Partial Disability (TPD) or Permanent Total Disability (PTD) benefits.

Let’s look at an example:

Let’s assume you suffered a low back injury on the job and the workers’ compensation insurance company has admitted liability. Let’s also assume you underwent an MRI that shows a disc herniation at L4-5 that does not appear to be impinging on nerve roots or on the spinal canal. About a year after your injury, you are still experiencing back pain, and symptoms into your buttocks and leg. Your doctor concludes that you still need ongoing occasional treatment, but that your condition is permanent and you’re not likely to see major improvement with any kind of medical procedure.

Based on these facts, you would probably qualify for Permanent Partial Disability benefits. Specifically, your injury would probably qualify for a 7% rating based on Minnesota Rule 5223.0390, Subpart 4(C)(1).

This 7% rating is then multiplied by a dollar amount. Impairment ratings between 6-10 percent are multiplied by $80,000.00 which equals $5,600.00.

Seems simple, right? Determining the amount of PPD benefits you are entitled to should be relatively straight-forward. Unfortunately, insurance companies frequently underpay injured workers the amount of permanency benefits they are entitled to. If you have a permanent work injury, it’s wise to speak with a workers’ compensation lawyer to make sure the insurance company pays you the PPD benefits you are entitled to.

Doctors don’t always automatically issue permanency ratings. If your doctor never issues a permanency rating for your injury, the insurance company will probably never pay you permanency benefits. Even if your doctor does issue a permanency rating, the insurance company might simply ignore it and never pay you the benefits you are entitled to.

While the schedules are intended to be fairly straightforward, in many cases, the level of permanency benefits you are entitled to may fall somewhere between ratings. For example, if a worker has a back injury and an MRI shows a herniation, and that worker is experiencing radicular symptoms, there may be a question as to whether that herniation impinges on a nerve root or not. There are different levels of permanency depending on whether an MRI evidences nerve root impingment. As a rule, the insurance company will always pay the lower permanency level.

Another situation that frequently comes up is where there are multiple body parts injured in one accident. For example, if you sustain an injury to both your neck and shoulder, you may be entitled to permanency benefits for both your shoulder and your neck. There is a specific way to combine these ratings and insurance companies often miscalculate the rating.

If there is any suggestion that your injury may have been pre-existing, or that part of your condition existed prior to your work injury, the insurance company will almost inevitably try to either avoid paying PPD benefits altogether, or they will try to take a deduction for whatever alleged “pre-existing” condition you may have. This scenario comes up very frequently with back and neck injuries.

For more information on calculating your PPD benefits, check out the following:

Minnesota Permanency Schedules
PPD Benefit Table

While calculating Minnesota workers’ compensation Permanent Partial Disability (PPD) benefits should be relatively straightforward, the insurance company will rarely voluntarily pay the full level of benefits you are entitled to. Make sure you’re paid all the PPD benefits you’re entitled to. Call Meuser & Associate at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation with one of our lawyers.

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The Official Website of Meuser & Associates, P.A. is Live!

In addition to this blog, our firm has been working on a website for the last couple months. It’s now officially live! Check out the new Meuser & Associates website!

Our site has lots of great resources, including a Glossary of Legal Terms, a FAQ for Personal Injury, and a really comprehensive FAQ for Workers’ Compensation. We also have a cool page featuring client testimonials like this one:

For a free, no-obligation consultation with one of our attorneys, 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

Meuser & Associates Secures Award of Penalties Where Insurance Company Failed to File a Notice of Intent to Discontinue Benefits (NOID)

As I previously wrote about, Meuser & Associates recently went to trial on a gentleman’s workers’ compensation case. Among other things, we made a claim for penalties against the insurance company because they failed to file a Notice of Intent to Discontinue Benefits (NOID) before discontinuing our client’s wage loss benefits. They did this not just once, but on two separate occasions.

I’m pleased to report that the judge not only awarded over $12,000.00 in wage loss benefits that the insurance company should have paid to our client, but the judge also awarded over $4,000.00 in penalties that the insurance company must pay our client in addition to the wage loss benefits. This is because the workers’ compensation insurer violated Minnesota Statute § 176.238(1), which provides that the employer and insurer may not discontinue payment of wage loss benefits until written notice is filed. The usual method of providing notice is through the use of a form called a Notice of Intention to Discontinue Benefits (NOID). The judge also assessed penalties in excess of $1,000.00 against the insurance company to be paid to the state.

While not every delay in payment by the insurance company is grounds for a claim for penalties, there are some cases in which the employer’s or insurer’s actions are in serious violation of the rules, and those cases warrant a claim for penalties. Unfortunately, we frequently see insurance companies that either intentionally violate the rules and timeframes for payment, or that simply don’t know the rules well enough to follow them. If you have questions about your workers’ compensation claim, or questions about whether you may be entitled to penalties from the insurance company, call us for a free, no-obligation consultation. Call Meuser & Associates at 952-345-2052 or click here to send us an email to schedule a free consultation.

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Minnesota Workers' Compensation: Do I Need a Lawyer?

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

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

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

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

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

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

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

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

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Minnesota Workers' Compensation: What is a Claim Petition?

In Minnesota, a workers’ compensation claim is often initiated by filing a Claim Petition. A Claim Petition is a standard form that sets forth basic information about the employee’s claim for workers’ compensation benefits. The Claim Petition contains information about the employee, including his or her name, address, Social Security Number, date of birth, and date(s) of injury. It also lists the name of the employer(s) and insurer(s). The Claim Petition also sets forth the nature of the injury and the average weekly wage at the time of the injury. Finally, the Claim Petition lists the types of claims alleged, including Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Total Disability (PTD), Permanent Partial Disability (PPD), Rehabilitation benefits, and/or medical benefits.

The Claim Petition is filed with the Department of Labor and Industry, and copies of the Claim Petition are served on the employee, the employer, the insurer, and any third-party payors, such as major medical insurers. Notice to Potential Intervenors is often served along with the Claim Petition to any medical providers and any third-party payors.

A Claim Petition is generally filed when the employer and/or insurer is denying primary liability, meaning that they admit no responsibility for the injury. A Claim Petition is also filed when there is a claim for monetary benefits, such as Temporary Total Disability, Temporary Partial Disability, and/or Permanent Total Disability, even if the insurer admits primary liability. If an injured worker has settled his or her case on a full, final complete basis, leaving open future medical benefits, a Claim Petition may be used in some instances where there is a dispute over medical expenses.

Once your Claim Petition has been filed, the employer and/or insurer is generally required to file an Answer to the Claim Petition within 20 days. The employer and/or insurer is required to serve specific responses to the allegations in the claim petition. If an answer is not filed in a timely matter and/or an extension of time to answer is not requested, the employee may request that the matter be scheduled for an expedited hearing.

Typically, after the Claim Petition has been filed, the matter is scheduled for a Settlement Conference at the Office of Administrative Hearings. Prior to the Settlement Conference, if appropriate, the employee’s attorney will often submit a settlement demand to the attorney for the employer and insurer. The purpose of the Settlement Conference is to attempt to discuss the possibility of settlement. Some cases settle at the Settlement Conference, and some do not. If it appears that the parties have reached an impasse, and that further negotiations will not facilitate a settlement, the case may be referred to the Office of Administrative Hearings for the scheduling of a hearing. If either side needs additional information, if the case is not ripe for settlement discussions, or if the sides need additional time to negotiate, the Compensation Judge may also reset a Settlement Conference for a month or two in the future.

If the parties are unable to reach a settlement, the case will proceed toward a Hearing. In Minnesota workers’ compensation, a Hearing is the equivalent of a trial. At the Hearing, both sides will present evidence in support of their respective positions, and the employee will generally provide testimony. After all evidence has been heard, the Compensation Judge issues a decision, which is final and binding on the parties.

The entire process from the filing of the Claim Petition through a Hearing can take anywhere from six months to a year or more. To see a blank copy of a claim petition, click here.

If you’ve been injured on the job, and the workers’ compensation insurance company is denying your claim, you should consult with an experienced workers’ compensation lawyer who can file a Claim Petition on your behalf to help you get the benefits you deserve. Meuser & Associates has been representing injured workers for over 20 years. To schedule a free, no-obligation consultation with one of our workers’ compensation lawyers, call Meuser & Associates at 877-746-568 or click here to send us an email.

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Health Care Workers and Minnesota Workers Compensation Injuries

Health care workers, including nurses, nursing assistants, nursing home attendants, laboratory aids, health care aids, orderlies, CPNs, LPNs, PAs and doctors and other types of health care workers are all at risk for work injuries. In Minnesota, work injuries are covered by workers’ compensation, which provides a variety of benefits to injured workers, including wage loss benefits, permanency benefits, rehabilitation benefits, and medical expense benefits.

While health care might not seem like an inherently dangerous business, between 1995 and 2004 health care workers belonged in the group (second only to truck drivers) with the greatest number of reported work injuries and illness. Eight-hundred-thousand health care workers reported injuries or illnesses during this time period. One-hundred-fifty-four health care workers died from their work injuries between 1995 and 2004.

Common types of health care worker injuries include:

• Neck and back strains and sprains
• Musculoskeletal disorders
• Overexertion injuries
• Neck and back disc herniations
• Carpal tunnel syndrome
• Repetitive motion disorders
• Assaults by patients
• Lifting injuries
• Slip and falls
• Cuts and sticks from sharps (including needles, surgical tools, etc.)
• Exposure to blood borne pathogens, such as HIV, Hepatitis C, Hepatitis B, or other illnesses
  

If you’re a health care worker who has been injured on the job, you may be entitled to Minnesota workers’ compensation, including medical expenses benefits, wage loss benefits, rehabilitation benefits, and/or permanency benefits. Call Meuser & Associates to learn about your rights under Minnesota workers’ compensation. To schedule a free, no-obligation consultation, call us at 877-746-5680 or click here to send us an email.

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Travel With Care on Holiday Weekends: Several People Killed or Injured on Minnesota’s Highways Over Easter Weekend

According to the Star Tribune, several accidents on Minnesota’s roadways caused a number of deaths and serious injuries over Easter weekend.

Sadly, on Sunday, in Scott County a pregnant woman was injured and suffered a miscarriage when the vehicle she was riding in was broadsided by a pickup truck. The pickup truck failed to yield at the intersection of 220th Street and Highway 13. The driver of the car and the pickup truck driver also suffered minor injuries.

Two more people were killed, and two were seriously injured in a two-car collision on Saturday night near Waubun in Mahomen County, when one vehicle struck another vehicle head-on on Mahomen County Road 2.

In Wright County, a 45-year old man was killed when his motorcycle struck a road sign while traveling west on County Road 106. Another Minnesota motorcyclist was killed on Friday in Pierce County, Wisconsin, when he was thrown from his motorcycle on Highway 29 near River Falls.

Three more motorcyclists were injured Saturday afternoon in Minnesota in Pierce County, near Elmwood. One motorcyclist hit a truck when he lost control of his motorcycle while going around a sharp curve and crossed into oncoming traffic. As he made his way back into the southbound lane, he was hit by another motorcycle. All three motorcyclists were taken by emergency transport from the scene.

Our thoughts and prayers go out to the victims of these crashes and their families.

As Memorial Day and Fourth of July quickly approach, it’s critical to use extra caution on Minnesota’s roadways during busy holiday weekends. Here are a few simple, yet powerful things that can decrease your odds of being involved in an accident:

Pay attention. Inattention is one of the leading causes of accidents. Inattention can be caused by many things, including daydreaming, distractions, sleepiness, fatigue, “highway hypnosis,” cell phone use, talking, etc. Paying attention allows you to see, recognize, and avoid potential hazards. Do your best to actually concentrate on what you’re doing while you’re driving, and you’ll be much more likely to see and be able to react to dangerous conditions.

Keep an eye on the other guy. We all make mistakes on the road. Don’t assume that the car next to you won’t make an error. Try to anticipate mistakes other drivers might make to allow yourself a chance to react if a driver does make a mistake. Always allow yourself plenty of braking distance between cars.

Yield anyway. If in doubt, yield. It’s better to be safe than sorry. Remember, no one actually HAS the right of way, until that right of way has been given. It’s not the principle of who should yield, but a safe outcome that matters.

For more good tips on driving safe, visit Roadtrip America’s 70 Rules of Safe Driving.

If you or a loved one has been involved in a serious car accident, you should speak with an experienced personal injury attorney. When you’re trying to recover from your injuries, trying to get back to work, and trying to put your life back together, dealing with insurance companies is the last thing you need to worry about. We can help you get the compensation you deserve. To schedule a free, no-obligation consultation with one of our attorneys, call us at 877-746-5680 or click here to send us an email.

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Use Your Head: Wear a Helmet

Some recreational activities, such as riding horse, skiing, snowboarding, riding bicycle or riding motorcycle, carry with them an increased risk of traumatic brain injury should an accident occur. The single best way to prevent catastrophic brain injuries as the result of an accident is to wear a helmet.

Dr. Marvin Zelkowitz, a board-certified neurologist at Ingalls Memorial Hospital, notes in the SouthTown Star that "In my 30 years as a neurologist, I have seen every type of head injury imaginable, from mild to fatal. Wearing a helmet can help reduce serious head injuries 50 to 80 percent of the time."

Helmets provide two types of protection, Dr. Zelkowitz said. "They're best at preventing penetrating injuries, but they also absorb quite a bit of force."

In order to choose the right type of helmet, one must keep in mind that different activities require different types of helmets. For example, you shouldn't wear a bicycle helmet while skiing and vice versa. Visit the Consumer Product Safety Commission’s Website or the Snell Memorial Foundation, which independently tests all types of helmets to learn more about choosing a helmet. Design and fit are the most important safety features of any helmet. They should be comfortable and snug. A helmet should be centered on the top of the head and the strap should always be buckled.

Helmet use is particularly important for children. As many as 75% of bicycle-related deaths among children could be prevented by the use of a bicycle helmet. To encourage regular helmet use, adults should serve as role models for their children and wear helmets as well.

Despite best intentions, injuries still do happen. The risk of head injuries or traumatic brain injuries is highest among men ages 15 to 24. Fortunately, most head injuries are relatively minor, but for half a million Americans every year, the injuries are severe enough to require hospitalization. For safety’s sake, anyone who has suffered a blow to the head should seek medical attention. If you experience convulsions, slurred speech, weakness or numbness in the extremities, dilation of one or both pupils, vomiting, severe headaches, confusion or agitation, you should seek emergency medical attention. The initial period of care following a brain injury is critical. Emergency care for traumatic brain injury focuses on preventing permanent and serious brain damage.

If you or a loved one has suffered injuries as the result of a bicycle or motorcycle accident, contact Meuser & Associates to learn about your rights under Minnesota law. For a free, no-obligation consultation, call us at 877-746-5680, or click here to send us an email.

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Pronator Teres Syndrome and Minnesota Workers' Compensation

Repetitive motion injuries, or cumulative trauma injuries, are commonly known as Gillette injuries under Minnesota workers’ compensation law.

Because the symptoms of carpal tunnel syndrome and pronator teres syndrome are similar, it is often difficult to determine which nerve has been injured when a person experiences symptoms in his or her fingers, hands, wrists, forearms, and elbows.

Pronator teres syndrome (also referred to as Pronator syndrome) is an upper extremity nerve entrapment syndrome involving the median nerve.

PTS develops from compression of the median nerve by the pronator teres muscle, and is sometimes referred to as pronator syndrome. The term pronator syndrome also can include median nerve compression by other structures in the elbow, such as the ligament of Struthers or the bicipital aponeurosis (lacertus fibrosus). Compression can be due to muscle hypertonicity or fibrous bands within the muscle pressing on the nerve. In some cases, pressure is placed on the nerve by anatomical anomalies, such as the nerve traveling deep to both heads of the pronator teres. In this situation, the nerve might be compressed against the ulna by the pronator teres muscle itself.

Symptoms of pronator syndrome include a diffuse forearm ache, usually resulting from prolonged muscular effort. Paresthesia may also be noted in the median field of the hand. There may also be tenderness over the area of entrapment, which can lead to pain in the forearm. Pressure on the area of nerve entrapment may cause abnormal sensations down the path of the median nerve. This is known as Tinel’s sign. People suffering from pronator syndrome may also experience decreased strength to muscles in the forearm. Specifically, victims of pronator teres syndrome may result in a decreased ability to pronate the wrist, a loss of wrist flexion, partial loss of finger flexion, and a loss of thumb opposition. In contrast, people with carpal tunnel syndrome will not demonstrate weakness in wrist flexion, wrist pronation, or finger flexion.

People with carpal tunnel syndrome and pronator teres syndrome both experience sensory loss, however the patterns of sensory loss differ. Pronator syndrome causes sensory loss in the entire median nerve field of the hand. In contrast, carpal tunnel syndrome causes sensory loss primarily in the thumb and fingers. Additionally, pronator teres syndrome pain is exacerbated by repetitive elbow flexion, and symptoms arise in the forearm as well as the hand. Carpal tunnel syndrome, on the other hand, is aggravated by wrist movements, and forearm pain is not as common or as severe.

People with carpal tunnel syndrome frequently report night pain, while individuals with pronator syndrome generally do not. This is because prolonged wrist flexion during sleep aggravates carpal tunnel syndrome, whereas wrist flexion does not affect the pronator teres muscle.

Treatment for pronator teres syndrome may include conservative therapies such as massage and physical therapy, ultrasound, anti-inflammatory medications, pain medications, or corticosteroid injections. If conservative therapies fail, decompressive surgery may be necessary.

People suffering from pronator teres syndrome as the result of repetitive motions at work are entitled to workers’ compensation benefits under Minnesota law, including medical benefits, wage loss benefits, permanency benefits, and/or rehabilitation benefits. Unfortunately, workers who suffer from pronator teres syndrome may ultimately be medically required to avoid the types of repetitive motions required by their jobs.

If you’ve been diagnosed with pronator teres syndrome as the result of your work related activities, you should report the injury to your employer, and consider retaining an experienced workers’ compensation lawyer to make sure you get the benefits you are entitled to. To schedule a free, no-obligation consultation with one of our attorneys, contact Meuser & Associates at 877-746-5680, or click here to send us an email.

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Spinal Disc Herniation Injuries

One of the most common injuries we see in our workers’ compensation and personal injury practice is disc herniation. If you’ve suffered a disc herniation as the result of your work activities, or as the result of a motor vehicle collision, you may be entitled to compensation.

A disc herniation, also commonly referred to as a prolapsed disc, ruptured disc or “slipped disc,” is a medical condition affecting the spine, where a tear in the outer, fibrous ring (annulus fibrosus) of an intervertebral disc allows the soft, central portion (nucleus) of the disc to bulge out. A tear in the outer disc ring may cause the release of inflammatory chemicals into your body, causing severe pain. If the bulge or prolapse compresses on a nerve root, it can cause pain and symptoms extending from the neck or back into the arms or legs. A disc herniation may begin as a disc protrusion, or disc bulge, where the outer layers of the disc are intact, but protrude outward when the disc is under pressure.

Disc herniations can occur at any level of the spine, but most commonly, they occur in the cervical spine (neck) or in the lumbar spine (low back). Lumbar disc herniations occur 15 times more often than cervical spine disc herniations. Cervical disc herniations occur in 8% of cases, and herniations occur only 1-2% of the time in the thoracic spine (mid-to-upper-back). Lumbar disc herniations often cause leg pain, which is commonly referred to as sciatica.

Lumbar herniations occur most commonly between the fourth and fifth vertebrae (L4-L5), and between the fifth vertebrae and the sacrum (L5-S1). Symptoms from a herniation in the lumbar spine can affect the low back, buttocks, hips, thigh, calf, foot, and toes. The sciatic nerve can be affected, causing symptoms of sciatica. The femoral nerve can also be affected, causing a numb, tingling feeling throughout one or both legs, or a burning feeling in the hips and legs.

Cervical herniations occur most often between the sixth and seventh vertebrae (C6-C7). Symptoms from a herniation in the cervical spine can affect the back of the skull, the neck, shoulder girdle, scapula, arm, and hand. The nerves of the cervical plexus and brachial plexus can also be affected.

Interestingly, most disc herniations occur to persons in their thirties or forties. After age 50 or 60, intervetebral discs tend to “dry out” and are less likely to herniated. Low back pain after the age of 50 or 60 is more frequently caused by spinal degeneration or spinal stenosis.

Disc herniations can be caused by repetitive motions, overuse, general wear and tear, blunt force trauma, lifting injuries, sharp impacts, or a variety of other strains.

Symptoms of a herniated disc depend largely on the location of the herniation. Herniations can cause little or no pain, isolated to the neck or back, or they can cause severe and disabling pain throughout virtually the entire body. Other than pain symptoms, herniated discs can cause sensory changes, such as numbness, tingling, muscular weakness, paralysis, paresthesia, decreased sensation and decreased reflexes. Generally, symptoms are experienced on one side of the body or other, in correlation whith the side of the spine where the herniation has occurred. If the herniation is large and presses on the spinal cord or cauda equina in the lumbar spine, both sides of the body may be affected.

A herniated disc is diagnosed by a doctor based on the patient’s history, symptoms, and physical examination. If a disc herniation is suspected, X-rays, a CT-Scan, an MRI, or a Myelogram may be performed to confirm a suspected herniation and to pinpoint its location.

Many herniated discs will heal after several weeks or months without surgical intervention. Often, conservative therapies including chiropractic treatment, physical therapy, bed rest, support belts, prescription anti-inflammatory medications, yoga therapy, prescription pain killers, spinal decompression, prescription muscle relaxers, oral steroid medications, and cortisone and steroid injections, are used to treat the symptoms of a herniated disc.

Surgery is generally considered as a last resort after conservative treatments fail to relieve pain or heal the disc herniation. Surgery is generally required if a patient has a significant neurological deficit, such as paralysis or cauda equina syndrome (in which there is incontinence, weakness and genital numbness). This condition is considered a medical emergency.

Surgical options include:

• Microdiscectomy 
• IDET 
• Laminectomy 
• Hemilaminectomy 
• Lumbar/Cervical fusion
• Anterior cervical discectomy and fusion
• Disc arthroplasty 
• Dynamic stabilization
• Artificial disc replacement 
• Nucleoplasty

If you have sustained a herniated disc as the result of a work injury or car accident, a workers’ compensation lawyer or personal injury can help you get the compensation you deserve. To schedule a free, no-obligation consultation with one of our attorneys, call Meuser & Associate at 877-746-5680 or click here to send us an email.

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Commercial Truck Accidents in Minnesota: Use Extra Caution When Driving Around Trucks

Each year, thousands of people in the United States are killed or seriously injured in accidents involving commercial trucks. Drivers should exercise caution when driving near commercial trucks to help prevent serious accidents.

Here are some things to keep in mind about sharing Minnesota roads and highways with commercial trucks, tractor-trailers, and semi-trucks:

Truck Drivers Have Large Blind Spots. There are large blind spots around the front, back, and sides of the truck. When cars are in these blind spots, the trucker cannot see them. Always give a truck plenty of space, and try to avoid its blind spots.

Trucks Make Wide turns. Truck drivers often have to swing out to make turns. Give trucks plenty of space when they are making turns. Do not try to squeeze by a truck as it's attempting to make a turn.

Tractor Trailers Require Longer Stopping Distances. Due to the heavy weight of tractor-trailers, it takes longer for trucks to come to a stop. If there’s a sudden stop on the highway, semi-trucks may not have enough stopping distance to avoid a rear-end collision.

In addition to the inherent physical and mechanical characteristics that contribute to truck accidents, a number of other preventable factors can lead to more truck accidents:

Driver fatigue. Long hours, unrealistic schedules and tired drivers increase the likelihood of truck accidents. According to the U.S. National Transportation Safety Board (NTSB), driver fatigue is a probable factor in 20 to 40% of truck crashes.

Intoxicated driving. The NTSB reports that 67% of fatally injured truck drivers tested positive for alcohol or drugs.

Excessive speed. Drivers operating their trucks at excessive speeds are much more likely to be involved in jackknife or rollover accidents.

Inadequate inspections. According to the Federal Motor Carrier Safety Administration (FMCSA), there were over 2 million roadside inspection violations last year alone.

If you or a loved one has been injured as the result of a truck crash in Minnesota, you should seriously consider retaining an experienced Minnesota personal injury lawyer. Fighting an insurance company on your own to secure the compensation you deserve can be an extremely difficult and frustrating process. We can help make the process less difficult. 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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Injuries Sustained During Recreational Activities and Employer Sponsored Social Events and Minnesota Workers’ Compensation

In many states, workers’ compensation covers people who are injured at company picnics, employer-sponsored social events, and employer organized recreational activities.

The Minnesota legislature, however, decided to limit the types of employer sponsored social and recreational activities that are considered to be within the course and scope of the employment. What this means is that many injuries that occur at company picnics, company softball games, employer-sponsored social events, and other employer organized recreational activities are not covered by workers’ compensation.

Specifically, Minnesota Statute Section 176.021(9) (1988) provides:

Injuries incurred while participating in voluntary recreational programs sponsored by the employer, including health promotion programs, athletic events, parties, and picnics, do not arise out of and in the course of employment even though the employer pays some or all of the costs of the program. This exclusion does not apply in the event that the injured employee was ordered or assigned by the employer to participate in the program. Minn. Stat. § 176.021(9) (1988).

This does not mean, however, that all injuries that occur at employer-sponsored events are excluded from workers’ compensation coverage. In order to fall within the exclusion set forth in the statute, (1) the event must be “recreational,” (2) the activity must have been voluntary, and (3) the employee must not have been ordered or assigned to participate in the program.

If you have been injured at an employer-sponsored “Fun Day,” picnic, party, or other recreational or social activity, you should speak with an experienced workers’ compensation lawyer to determine whether your injuries are covered by Minnesota workers’ compensation. These cases are very fact specific, and workers’ compensation insurance companies almost never voluntarily pay benefits in these circumstances. To schedule a free, no-obligation consultation with one of our workers’ compensation lawyers to determine if you are entitled to workers’ compensation benefits, call Meuser & Associates at 877-746-5680 or click here to send us an email.

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More 3M Layoffs and MN Work Comp. Benefits

News of more and more layoffs belies the harsh reality that our economy is not recovering quickly. The Pioneer Press recently reported that Maplewood, Minnesota-based 3M Company laid off 1,200 workers in the first three months of 2009, and 2,400 in the last three months of 2008. Executives said that more job cuts could be coming. Several hundred of these layoffs are from 3M locations within Minnesota.

Hopefully, the economy will start to recover, layoffs of Minnesotans will slow in the next few months and folks can start getting back to work.

While getting laid off is extremely difficult, it can be even more difficult for laid-off workers who have physical restrictions related to a work injury. Frequently, workers who are on light-duty or who have physical restrictions related to a work injury are the first to be laid off. These physical restrictions, such as lifting limitations, or limitations on the number of hours a person can work can make finding a new job incredibly difficult. Fortunately, in Minnesota, if a worker who has physical restrictions due to a work-related injury is laid off for economic reasons, that worker may be entitled to wage loss benefits, and rehabilitation assistance through workers’ compensation.

Wage loss benefits, including Temporary Total Disability (TTD) Benefits, Temporary Partial Disability (TPD) Benefits, and Permanent Total Disability (PTD) Benefits, are available to workers who are unable to work, or who are working at a wage loss due to a work-related injury.

These workers may also be entitled to the assistance of a Qualified Rehabilitation Consultant (QRC), who can provide job placement services and/or retraining.

If you’re a 3M worker, or any other worker who has been laid off for economic reasons, but you have physical restrictions for a work-related injury, you may be entitled to workers’ compensation benefits. To schedule a free, no-obligation consultation with one of our workers’ compensation lawyers, call Meuser & Associates at 877-746-5680 or click here to send us an email. We can help you get the benefits you are entitled to.

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Traumatic Brain Injury (TBI), Causes, Signs and Symptoms

More than 1.5 million people suffer traumatic brain injury (TBI) every year. Traumatic injury to the brain occurs in one of two ways. First, the cerebral cortex can be bruised as the result of a hard object striking the head, or when the head strikes a hard object. This is sometimes called a contusion or concussion. Second, the deep white matter in a person’s brain can suffer diffuse injury as the result of an injury to another part of the body, where the force of the shock is transferred to the brain. In these types of injuries, such as in severe whiplash injuries, the axons or neurons, which conduct electrical impulses in the brain, are damaged.

Traumatic brain injuries can cause a variety of physical, cognitive, and emotional or behavioral symptoms, including:

• Physical symptoms: paralysis, hearing loss, ringing in the ears, vision impairment, blurred vision, headaches, speech impediments, seizures, involuntary muscle spasms, reduced endurance, loss of consciousness
• Cognitive symptoms: communication impairments, difficulty with writing, attention deficits, difficulty with concentration, unusual perception, difficulty planning, short and/or long term memory loss, dizziness, loss of coordination, vertigo, poor judgment, deficient reading skills, disorientation
• Behavioral/emotional symptoms: agitation, restlessness, fatigue, anxiety, mood swings, low-self esteem, depression, sexual dysfunction, lack of motivation, sadness, inability to cope
  

Traumatic brain injuries frequently occur as the result of a car accident or as the result of a fall. Even minor accidents or seemingly small head bumps can cause life-altering brain injuries. Some traumatic brain injuries do not immediately cause obvious impairments or symptoms. If a head or brain injury is suspected, the victim must be monitored closely. Unfortunately, in some instances, an untreated serious brain injury can cause death or catastrophic disability.

What to watch for after an accident:

• Monitor the victim. If a person has been involved in a car accident or fall where they hit their head, even if they did not lose consciousness, they should be monitored carefully for signs and symptoms of traumatic brain injury.
• Watch for symptoms of dizziness, headache, confused thinking and vomiting. These symptoms are signs of traumatic brain injury. If the victim displays any of these symptoms after an accident where they hit their head, take them to an emergency room.
• Monitor for changes in condition. If an accident victim’s symptoms change, i.e., a headache worsens, they vomit or become nauseous, they become sleepy, or exhibit confusion or other behavioral changes within 12 hours of the head injury, they may have a brain bleed, and should be taken to an emergency room.
• Medications. People on blood thinning medications are at greater risk for bleeding in the brain. Monitor their symptoms closely.
• Seniors, children, and young adults. Seniors, children, and young adults should be very closely monitored for symptoms of a brain injury after an accident. These victims may have more difficulty communicating their symptoms, or may not as notice the symptoms as readily as other people. If they show any signs of vomiting, confusion, or severe headache, they should be taken to an emergency room.
  

If you or a loved one has suffered a traumatic head injury as the result of a car or truck accident, or as the result of a work-related injury, contact the experienced personal injury and workers’ compensation lawyers at Meuser & Associates for a free, no-obligation consultation. We can help make sure you get the compensation you are entitled to. Call us today at 877-746-5680 or click here to send us an email to schedule a free consultation.

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