Minnesota Work Comp. and Auger Injuries

On July 21, 2010, a worker in Fort Myers, Florida, was tragically killed when he fell into an auger while working on a residential pool construction project.

Augers are used in the agricultural, landscaping, construction, and utility industries. They are commonly used to drill holes for pilings, utility poles, light poles and fence posts. The auger may be mounted on a variety of equipment or vehicles that may be ridden on or walked behind.

Augers present an extreme danger of entrapment or entanglement, as well as hazards that occur when an auger strikes materials beneath or above the surface. In addition to contact with hidden landscape fabric, contact with underground utility installations such as gas, fuel, or electric lines or overhead power lines such as electrical distribution and transmission lines also could result in a fatal accident. According to OSHA's Integrated Management Information System (IMIS), since 1987 at least thirteen fatalities have resulted from entanglement or crushing hazards involving augers. The IMIS data also indicate that a number of fatal accidents have occurred from contact with underground and overhead electrical equipment and utility lines.

OSHA recommends the following safety measures to avoid serious or catastrophic injuries involving augers:

• Follow the instructions in the manufacturer's operating and preventive maintenance manual.
• Conduct daily pre-task meetings to ensure that all employees are aware of the correct procedures to prevent an unwanted incident and any hazards associated with the job task.
• Look for obstacles that may need to be removed. Hand digging may verify the presence or absence of underground material, including utilities.
• Prior to drilling, cut a hole in the landscape fabric sufficiently larger than the diameter of the auger to prevent contact or entanglement with the fabric.
• Except for the operator, employees should not be near the auger when it is operating.
• Employees using hand tools should not move or remove spoil-pile while the auger is operating.
• The operator should sit or stand at the operator's station while operating the auger.
• Do not modify the operator's station or disable safety controls beyond manufacturer's recommendations (for example: hold-to-run or seat switch controls).
• Remain a safe distance (a minimum of 10 feet) from the auger when helping the operator.
  

If you sustained an injury on the job involving an auger, you may be entitled to Minnesota Workers’ Compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and rehabilitation benefits. If your loved one died as a result of a Minnesota auger accident, you may be entitled to death and dependency benefits. To ensure you receive all the benefits you are entitled to, contact a Minnesota workers’ compensation lawyer for a free, no-obligation consultation.

To schedule your free, no-obligation case consultation with one of our Minnesota work comp. attorneys, call Meuser & Associates at 877-746-5680 or click here to send us an email.

To learn more about Minnesota Workers' Compensation, visit us at MeuserLaw.com!

Causes of Thoracic Herniated Discs – MN Workers’ Comp.

Back injuries are the most common work-related injuries we see in our Minnesota Workers' Compensation practice.

Your upper and middle spine is known as the thoracic spine. When the inner core of a disc extrudes and irritates a nearby spinal nerve root, it causes a herniated disc. A thoracic herniated disc can cause upper back pain and other symptoms, including radiating pain and numbness.

The most common location for thoracic disc disorders is at the thoracolumbar junction (T8-T12), which is the area between the thoracic and lumbar areas of the back.

Interestingly, many people without back pain symptoms have disc abnormalities in the thoracic spine. In one study, 90 asymptomatic people were evaluated with thoracic MRI scans. 73% of patients were found to have disc abnormalities in the upper back, such as a thoracic herniated disc or thoracic degenerative disc disease. 37% specifically had a thoracic herniated disc, and 26% had evidence of spinal cord impingement.

If a thoracic herniated disc is causing your upper back pain, it can typically be classified as caused by either 1) degenerative disc disease, or 2) trauma to the upper back.

Degenerative disc disease. Many thoracic herniated discs occur from gradual wear and tear on the disc, which leads to settling of the vertebral bodies and calcification of the disc space. Most commonly, the symptoms of thoracic herniated discs due to degenerative disc disease manifest between ages 30 and 50, and develop gradually. Often, by the time a patient presents to a doctor for thoracic pain, the symptoms had been present for quite some time beforehand.

Trauma to the Upper Back. Traumatic herniated discs are associated with a single traumatic event that caused the abrupt onset of symptoms. Any injury that causes a high degree of sudden force on the discs in the upper spine could lead to a thoracic herniated discs, such as a fall or a sports injury. Thoracic herniated discs caused by trauma are most often seen in younger patients. Often, however, less severe trauma to the thoracic spine can cause an aggravation or a worsening to pre-existing degenerative disc disease of the thoracic spine.

Unfortunately, thoracic spine injuries can be somewhat contentious in Minnesota workers' compensation, because they can be difficult to diagnose, and the injured worker often has underlying degenerative disc disease. If you need assistance with your Minnesota workers' compensation claim, contact a workers' compensation attorney for a free case consultation.

If you have back pain that was caused by your work in Minnesota, you may be eligible for work comp. benefits. For a free, no-obligation case evaluation, call Meuser & Associates at 877-746-5680 or click here to send us an email for a free consultation with one of our Minnesota workers’ compensation lawyers.

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

Three Easy Tips to Avoid Back Injuries at Work While Lifting

Back injuries are by far the most common injuries we see in our Minnesota Workers’ Compensation Law Practice. If you sustain a back injury, you may incur medical bills, you may miss work, and most importantly, you may be in pain. If you sustain an injury in the course and scope of your employment in Minnesota, workers’ compensation provides you with various benefits to help you get back on your feet, including medical benefits, wage loss benefits, permanency benefits, and rehabilitation benefits.

The majority of work-related back injuries involve lifting. A lifting-related back injury can cause muscle injury, when too much stress on the back muscles during a lift cause tiny tears which is known as a muscle strain or sprain. Muscle injuries to the back can be very painful, and can make it difficult to move normally. Thankfully, muscle strains and sprains typically heal. Lifting injuries to the back can also cause disc injuries. Intervertebral discs act like ball bearings and cushions between the vertebrae in the spine. Discs are fibrous rings which can bulge, tear, or rupture when they are injured. A disc injury may cause low back pain which radiates down into the buttocks and/or into the leg. Improper lifting can also cause injury to the joints in the back. These joints may become irritated, or they may become “locked.”

From Spine Health, here are three easy rules to avoid back injury during lifting activities:

1. Keep the chest forward. Bend at the hips, not your low back. Bending at the knees alone will not keep your back straight. Instead, keep your chest pointing forward to keep your back straight. The back muscles will then be used most effectively for maintaining good posture.

As an example, we represented a Minnesota paramedic who was lifting a patient on a stretcher. There was a mis-communication between our client and her partner who was lifting the other end of the stretcher, so when the lift started, she was hunched over and did not have her knees bent. She sustained a disc injury that ultimately required surgery.

2. Lead with the hips, not the shoulders. Twisting during lift is an easy way to injure our back. Your shoulders should be kept in line with your hips to avoid twisting movements. Leading with your shoulders allows your lower back and pelvis to twist, which can cause injury to the low back and pelvis.

Our office represented a warehouse worker who was palletizing boxes of product. He twisted as he was moving a box of product from the production line to the pallet and sustained a severe strain/sprain to his back. Thankfully, his condition resolved with conservative treatment.

3. Keep the weight close to the body. The farther an object is held from one’s center of gravity, the more force that is required to hold the object up. This extra force will also run through the low back. The closer you hold an object to yourself when lifting, the less force that is required, and the less likely you are to injure your back.

We assisted a gentleman who was a desk attendant at a hotel. He went to retrieve luggage for a customer, and stretched out, around a doorway to grab the handle of the luggage. The bag was much heavier than he expected, and he sustained an injury to his low back. He is currently undergoing a variety of conservative treatments to try to resolve his back and leg pain without undergoing surgery.

If you’ve sustained a lifting injury to your back in the course and scope of your employment, you may be entitled to Minnesota Workers’ Compensation benefits. Contact us at Meuser & Associates, by calling us at 877-746-5680 or click here to send us an email for a free, no-obligation consultation with one of our MN workers’ compensation attorneys.

Highway 14, One of Minnesota’s Most Dangerous Highways

I ran across a story on Minnesota Public Radio’s website about the number of car accidents on a 24-mile stretch of Highway 14 between Mankato and New Ulm. Apparently, since 2000, 25 people have died in car accidents along this stretch of highway. The fatality rate along this stretch of road is 94 percent higher than the state average.

Surprisingly, there are no plans in the foreseeable future for any road MN DOT improvements in the area. Read more about this dangerous stretch of highway here.

No matter if you’re driving this stretch of Highway 14, or any other road in Minnesota, be safe! Common sense tips can help you avoid an accident:

Don’t Speed. Driving at a rate of speed that is faster than what is reasonable under the circumstances puts in you danger in two ways. First, it decreases your reaction time if you have to respond or take evasive action, and second, the added speed creates additional force, which means an impact that occurs at a higher speed happens with a greater amount of force.

Don’t Drive Impaired. Whether it be alcohol, drugs, fatigue, or driver distraction, these things decrease your ability to drive safely.

Buckle Up. Seat belts provide impact protection, absorb crash force, and prevent you from being thrown from the vehicle.

Click here for more safe driving tips.

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.

Machine Guards -- Keeping Minnesota Manufacturing Workers Safe

Machines that bend, form, or cut metal or wood, such as punch presses, brake presses, metal stamps, lathes, saws, or drill presses, are obviously powerful enough to cause serious damage to human flesh and bone.

Manufacturing workers who sustain serious injuries in machine accidents most commonly suffer amputations, lacerations, crush injuries, fractures, or de-gloving injuries.

OSHA requires that guarding must be provided to protect operators and other employees in the machine area from hazards such as those created by the point of operation, ingoing nip points, rotating parts, flying chips, and sparks. OSHA specifically requires that shears, power presses, milling machines, and power saws have guarding at the point of operation, or the area where work is performed on the material being processed. These kinds of machines are most often involved in amputation injuries.

Machine injuries are usually caused by:

• Contact or entanglement with machinery
• Being trapped between the machine and material or fixed structure
• Contact with material in motion
• Being struck by ejected parts of machinery
• Being struck by material ejected from machine
• Release of potential energy
  

Safeguards should meet the following five minimum requirements:

Prevent contact: The safeguard must prevent hands, arms, and any other part of a operator's body from making contact with dangerous moving parts. A good safeguarding system eliminates the possibility of the operator or another worker placing parts of their bodies near hazardous moving parts.

Secure: Operators should not be able to easily remove or tamper with the safeguard, because a safeguard that can easily be made ineffective is no safeguard at all. Guards and safety devices should be made of durable material that will withstand the conditions of normal use. They must be firmly secured to the machine.

Protect from falling objects: The safeguard should ensure that no objects can fall into moving parts. A small tool dropped into a cycling machine could easily become a projectile that could strike and injure someone.

Create no new hazards: A safeguard defeats its own purpose if it creates a hazard such as a shear point, a jagged edge, or an unfinished surface that could cause a laceration. The edges of guards, for instance, should be rolled or bolted in such a way to eliminate sharp edges.
Create no interference: Any safeguard that impedes an operator from performing the job quickly and comfortably might soon be overridden or disregarded. Proper safeguarding may actually enhance efficiency since it relieves the operator's apprehensions about injury.

Allow safe lubrication: If possible, workers should be able to lubricate the machine without removing the safeguards. Locating oil reservoirs outside the guard, with a line leading to the lubrication point, will reduce the need for the operator or maintenance operator to enter the hazardous area.

To avoid catastrophic injury, keep these general guidelines in mind:

• Check that guards are in place at all points where you could contact moving parts before turning the machine on.
• Report any missing or malfunctioning guards. Never use a machine with a missing or malfunctioning guard. Shut the machine down and tag it out. Do not use it again until the problem is fixed.
• Use lockout/tagout procedures when guards must be removed to repair or service a machine.
• Check machines after repair or maintenance to be sure guards are back in place and working properly.

If you’re a Minnesota worker who’s been injured due to a machine accident, you are most likely entitled to Minnesota workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and/or rehabilitation benefits.

Make sure you protect your rights if you are injured on the job. For a free, no-obligation consultation to learn more about your Minnesota workers’ compensation rights contact Meuser & Associates toll free at 877-746-5680 or click here to send us an email.

Increased Costs for Neck and Back Injuries Equals Increased Denials on Minnesota Workers' Compensation Claims

Apparently, there’s a new study that suggests that more U.S. health care dollars are spent on back pain and neck pain than almost any other medical condition. After adjusting for inflation, medical costs associated with back and neck pain increased by 65% between 1997 and 2005, to about $86 billion a year.

Back injuries are the most common work-related injury we see in our Minnesota workers’ compensation law practice. In one survey, one in four adults reported low back pain within the previous year.

According to a study published in the Feb. 13 issue of The Journal of the American Medical Association, the estimated annual individual expenditures among adults with back and neck problems were $4,695 in 1997 and $6,096 in 2005.

Some of the largest increases in costs related to neck and back treatment relates to prescription drugs. Pharmaceutical expenses related to back and neck pain increased by 188% between 1997 and 2005, and the cost of prescription narcotics increased 423%.

So what does this mean for Minnesota workers who have neck and back injuries? From what we have been seeing over the past couple years, it appears that workers’ compensation insurance adjusters are more aggressive in claim denials to reduce their per-claim expenditures, whether it be in their denials of primary liability, or in denying various treatments, including MRI’s, prescriptions, cortisone injections, or surgery for back and neck injuries.

Don’t ignore disputes over medical expenses with your workers’ compensation insurer!

If you are having difficulty procuring the medical treatment you need for your Minnesota workers’ compensation injury, contact Meuser & Associates, P.A., at 877-746-5680 or click here to send us an email for a free, no-obligation consultation with one of our Minnesota workers’ compensation lawyers.

Are You Really an Independent Contractor? Construction Workers and Minnesota Workers’ Compensation

Effective January 1, 2009, the Minnesota legislature changed the law as it pertains to defining who is an “independent contractor” in the construction trades for purposes of workers’ compensation, unemployment, income tax, and other laws.

In order to be considered an “independent contractor” under the new statute, an individual construction worker must hold a valid Independent Contractor Exemption Certificate, and meet nine additional factors:

1. maintains a separate business with the individual's own office, equipment, materials, and other facilities;
2. holds or has applied for a federal employer identification number or has filed business or self employment income tax returns with the federal Internal Revenue Service if the person has performed services in the previous year for which the individual is seeking the independent contractor exemption certificate;
3. operates under contracts to perform specific services for specific amounts of money and under which the individual controls the means of performing the services;
4. incurs the main expenses related to the service that the individual performs under contract;
5. is responsible for the satisfactory completion of services that the individual contracts to perform and is liable for a failure to complete the service;
6. receives compensation for service performed under a contract on a commission or per-job or competitive bid basis and not on any other basis;
7. may realize a profit or suffer a loss under contracts to perform service;
8. has continuing or recurring business liabilities or obligations;
9. the success or failure of the individual's business depends on the relationship of business receipts to expenditures.

Most paid-per-hour construction laborers will not meet these factors.

Under Minnesota Workers’ compensation law, a construction worker who is an independent contractor who is hurt on the job is not eligible for workers’ compensation benefits, including medical benefits, wage loss benefits, permanency benefits, and rehabilitation/retraining benefits.
Unfortunately, due to the economic crash, particularly in the housing market, commercial and residential construction contractors are suffering financially. Some less scrupulous contractors, in an effort to cut cost corners, are hiring construction laborers, and calling them “independent contractors.” They do this so as to avoid paying for workers’ compensation insurance, income tax, unemployment tax, and complying with certain OSHA requirements. With so many construction workers out of work for the last couple years, more and more are forced to look to these less reputable contractors for employment.

I routinely see advertisements for construction workers wanted on Craigslist that require you to agree that you will be an “independent contractor,” although it is pretty clear that you’d actually be an employee under the law. Here’s a couple examples:

Concrete and repairs (SW Hennepin County)
Small concrete company looking for good people. Must show pride in workmanship and be dependable. Need to be independent contractor with EIN, but can help get you started. Must live close by. Flat work experience a plus, can train for ICFs and decorative. My interviews take a day or two of work; try it see if you like it and are a fit for our small crew. You will be paid cash for the day or two. If it works out compensation is flexible.

Painter (Entire metro)
Im looking for a painter for some part time possibly full time work. Need to have an LLC. Let me know what you have for experience, tools, vehicle, what part of town you live in and wage desired. Thanks.

Shingler or Clean up guy ASAP Join a Crew (Stillwater)
We are looking for an experienced shingler to join our crew or a guy for tear off and clean up. Unexperienced will get $15.00/hr. and experienced roofer with get $20.00/hr. Must have valid drivers lic. with own transportation. Must have General Liability insurance must be LLC, Inc, or have your independent contractor exemption certificate. Please email or call 651-***-****.

Independent framers needed (Edina/Chaska)
I still have a need for more framing carpenters, must have your own insurance, the only tools you need is your tool belt. You can start tomorrow. Please send your company info and compensation requirements.

PROCEED WITH CAUTION. I have personally seen several construction contractors in the Twin Cities Metro area trying to get new hires to sign paperwork stating that they are independent contractors, and that they are either a LLC (Limited Liability Corporation), or that they have an Independent Contractors Exemption Certificate from the Minnesota Department of Labor and Industry. In order to be considered an independent contractor for purposes of workers’ compensation, and other laws, a construction worker MUST have an Independent Contractors Exemption Certificate. In fact, state law prohibits working as an independent contractor unless you have first obtained the Exemption Certificate. The law also prohibits a person from hiring a someone as an “independent contractor” unless they have the Independent Contractors Exemption Certificate.

Now, let’s say you suffer an injury working for one of these unscrupulous contractors. You don’t have an Independent Contractors Exemption Certificate because you won’t qualify for one, but your employer makes you sign something stating that you are an independent contractor. Are you out of luck? No, I don’t think so.

Several of the forms I’ve seen contractors using to try to get around this law require the applicant to affirm that he or she does have an Independent Contractors Exemption Certificate. The law, however, requires the person hiring the “independent contractor” to retain a copy of the person’s Exemption Certificate for five years. So, if the hiring contractor never asks to actually see a copy of your Exemption Certificate, or checks the Department of Labor and Industry website to see if you are listed as a valid Exemption Certificate holder, it’s pretty hard for them to claim after the fact that they thought you really did have an Exemption Certificate when you did not.

Since this law is relatively new, there’s little case law guidance to tell us workers’ compensation lawyers how a workers’ compensation judge would decide such a case. I’m inclined to think that most construction workers in this situation would be considered employees for purposes of Minnesota workers’ compensation law, which means you would be entitled to benefits if you sustain an on-the-job injury.

To read more about the requirements for the Independent Contractor Exemption Certificate, check out the following:

1. Minnesota Statute §181.723
2. Fact Sheet from the MN Department of Labor & Industry
3. My previous post on this topic
4. The Independent Contractor Exemption Certificate application form
5. Brochure from the MN Department of Labor & Industry
6. FAQ from the Department of Labor & Industry
7. Factsheet from the Dept. of Labor & Industry

These bad economic times have hit the construction industry particularly hard. Hundreds and hundreds of skilled Minnesota construction workers have been out of work for a long time. As tempting as it is to take a job through one of these companies that try to get around the new Independent Contractor rules, keep in mind that it is against the law. Moreover, $10.00 cash per hour is probably not worth it, if you are actually complying with the law, i.e., reporting your earnings and paying the full state and federal tax on your earnings, paying unemployment compensation, paying social security, paying for workers’ compensation insurance, and paying for liability insurance. Moreover, it’s probably not worth risking the fines you may be subjecting yourself to if you get caught working as an independent contractor without a valid certificate, risking a serious on-the-job injury with questionable workers’ compensation coverage, risking tax penalties, or risking a lawsuit with no insurance when the contractor gets sued for something.

That being said, if you were hurt doing residential or commercial construction work after January 1, 2009, and you were told by your employer that you were an “independent contractor,” so you couldn’t make a claim for workers’ compensation benefits, you should definitely contact a Minnesota workers’ compensation lawyer.

For a free, confidential, no-obligation, consultation with one of our lawyers to see if you have a workers’ compensation claim for on-the-job injuries you sustained doing residential or commercial construction as an “independent contractor,” call Meuser & Associates at 877-746-5680 or click here to send us an email.

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

Rehabilitation Assistance for Workers When Your Minnesota Workers’ Compensation Claim is Denied

If you have a work related injury in Minnesota, but the employer/insurer is denying your claim or disputing medical causation on your claim, and you need assistance returning to work, you may be eligible for the assistance of a Qualified Rehabilitation Consultant (QRC) through the Department of Labor and Industry’s Vocational Rehabilitation Unit (VRU).

In our Minnesota workers' compensation practice, we frequently see injured workers whose claims are denied struggling to return to work. In many instances, these folks benefit from rehabilitation services provided through the Department of Labor and Industry's Vocational Rehabilitation Unit (VRU).

VRU services are designed to help injured workers return to suitable employment as quickly as possible. This could mean a return to work with the pre-injury employer, in either the same job or another job, or to a new employer in the same or a different type of work.

Vocational rehabilitation services provided by the Minnesota Department of Labor and Industry's Vocational Rehabilitation Unit (VRU), include:

• Rehabilitation consultation
• Medical management
• Return-to-work services
• Job analysis
• Vocational counseling and evaluation
• Transferable skills analysis
• Job-seeking skills training
• Job development and job placement
• On-the-job training
• Retraining evaluation

These services are provided or coordinated by a VRU qualified rehabilitation consultant (QRC).

An injured worker does not have to pay for these services. Rehabilitation services are paid for by the workers’ compensation insurance company.

In order to eligible for rehabilitation assistance through the Minnesota Department of Labor and Industry, you must request a VRU QRC Consultation, and you or your attorney must initiate a claim by filing a Claim Petition or Objection to Discontinuance. Click here to download a copy of the request form.

Rehabilitation services are a valuable benefit for injured workers. To learn more about your right to rehabilitation services, contact us at Meuser & Associates for a free, no-obligation workers’ compensation consultation. Call us today at 877-746-5680 or click here to send us an email.

Visit us at MeuserLaw.com.

Minnesota Firefighters Injured in the Line of Duty

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

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

Common firefighter injuries include:

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

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

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

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

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

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

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

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

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

Grain Bin Accidents and Injuries and Minnesota Work Comp

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

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

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

OSHA is taking these incidents very seriously.

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

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

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

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

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

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

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

If you were hurt in a grain accident, or if your loved one was seriously injured or killed as a result of a Minnesota grain bin accident, it is important to consult with a Minnesota workers’ compensation lawyer to make sure your rights are protected. Here at Meuser & Associates, we are committed to protecting the rights of injured workers in Minnesota. Contact us at 877-746-5680 or click here to send us an email for a free, no-obligation consultation with one of our workers’ compensation lawyers.

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

MN Work Comp and Permanent Partial Disability (PPD) Benefits

Permanent partial disability (PPD) benefits are payable for the permanent functional loss of use of a body part due to a work-related injury.

Once you have reached Maximum Medical Improvement (MMI), if you have a permanent injury, your doctor may assign you what is known as a permanency rating. This is stated as a percentage. For example, following recovery from a back surgery, your doctor may indicate that you’ve sustained permanent partial disability of 12% to the body as a whole.

This percentage is then multiplied by a dollar amount, which is set by the legislature. The higher your permanency percentage, the higher the dollar amount used for purposes of calculating the amount of permanent partial disability (PPD) benefits you are owed.

Permanency (PPD) benefits are payable on the same schedule that you had received temporary total disability (TTD) benefits, or at the same time that you receive temporary partial disability (TPD) benefits.

If your doctor has indicated that you have reached Maximum Medical Improvement (MMI), but doesn’t specify your PPD rating, the workers’ compensation insurer is supposed to request an assessment of PPD from your doctor.

If everyone agrees as to the amount of your PPD benefit, the insurer is supposed to make a minimum lump sum payment or begin periodic payments. If there is a disagreement as to the correct amount of your permanency benefit, the insurer is still supposed to make at least a minimum lump sum payment or begin periodic payments, at least to the extent of the undisputed benefit.

You have the right to request permanent partial disability (PPD) benefits be paid to you as a lump sum, as opposed to being paid these benefits on a weekly or bi-weekly basis. Keep in mind that if you request a lump sum payment, the insurer can discount the lump sum by up to 5 percent of the present value.

Under Minnesota workers’ compensation law, permanent disabilities are rated according to a set of rules known as the Permanent Partial Disability Schedules. Each injury is rated according to the body part involved, and the type of impairment affecting that body part.

As you can imagine, even on a case where a workers’ compensation insurer admits responsibility for your work injury, there is a lot of room for dispute as to the amount of permanent partial disability (PPD) benefits you are entitled to.

For example, the insurer may try to reduce your PPD rating by suggesting that part of your injury is pre-existing, they may suggest that your doctor’s rating is too high and that a lower rating applies, they may suggest that your injury is not actually permanent, or they may improperly combine ratings if you have multiple body parts that are injured, or they may just simply never pay you PPD if your doctor does not complete a healthcare provider report specifically assigning you a permanency rating.

If you have a permanent injury, make sure you get all the workers’ compensation benefits you are entitled to. Contact Meuser & Associates at 877-746-5680 for a free, no-obligation consultation with one of our workers’ compensation lawyers, or click here to send us an email.

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How Much Does a Minnesota Workers' Compensation Lawyer Cost?

Attorney fees in a workers’ compensation case are contingent. What this means is that your lawyer’s fees in a workers’ compensation are based on the amount recovered on your behalf. Workers’ compensation lawyers generally charge 25% of the first $4,000.00 in benefits recovered, and 20% thereafter, up to a maximum of $13,000.00 per injury. These amounts are set by Minnesota law.

Your attorney is only paid if he or she is successful in securing benefits on your behalf.

What this means is that you do not have to pay a workers’ compensation lawyer a retainer or any upfront fees. It costs you nothing out of pocket.

If your case involves a dispute regarding your medical care or rehabilitation benefits, and you are successful, the workers’ compensation insurance company is typically responsible for paying your attorney what are known as Roraff or Heaton fees.

Because attorney fees in a Minnesota workers’ compensation case are contingent, there is no risk of incurring a large bill for attorney time if you are unsuccessful on your case.

We are happy to provide a free, no-obligation consultation to discuss your Minnesota workers’ compensation case. Contact Meuser & Associates, P.A., at 877- 746-5680 or click here to send us an email.

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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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