Top Ten OSHA Safety Violations – MN Workers’ Compensation

According to Risk & Insurance Online, during 2008, the number of top ten OSHA safety violations increased nearly 30 percent.

The top ten OSHA safety violations in 2008 included:

1. Scaffolding (9,093 violations): According to OSHA, scaffold injuries occur most often when planking or support gives away, from an employee slipping, or when an employee is struck by a falling object.
2. Fall protection (6,771 violations): OSHA requires fall safety precautions anytime a worker is at a height of four feet or more in general industry, five feet in maritime work environments, and six feet in construction.
3. Hazard communication (6,378 violations): Employees working with hazardous or toxic chemicals must be provided with material safety data sheets.
4. Respiratory protection (3,803 violations): Respirators protect workers from harmful dusts, fogs, smokes, mists, gasses, vapors, and sprays, which may cause cancer, lung disorders, or other diseases.
5. Lockout/tagout (3,321 violations): Lockout/tagout procedures are practices that safeguard employees from an unexpected startup of machines or the release of hazardous energy during maintenance.
6. Electrical/wiring (3,079 violations): Many employees, including engineers, electricians, and other professionals directly work with electricity, including overhead lines, cable harnesses, and circuit assemblies.
7. Ladders (3,072 violations): According to the Department of Labor, falls are one of the leading causes of work-related deaths.
8. Powered industrial trucks (2,993 violations). Workers can be injured when trucks are inadvertently driven off loading docks, trucks fall between a dock and a trailer, workers are struck by a truck, or when they fall from trucks.
9. Electrical (2,556 violations). Almost all employee are indirectly exposed to electricity and may be exposed to electrical hazards.
10. Machine guarding (2,364 violations). Inadequate machine guarding can lead to catastrophic injury or death.

If you are injured in the course and scope of your employment, you may be entitled to Minnesota workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanency benefits, and rehabilitation benefits.

For a free, no-obligation consultation to learn about your rights under Minnesota workers’ compensation law, contact Meuser & Associates at  877-746-5680 or click here to send us an email.

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

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

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

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

Safety on the Road:

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

For people living or driving in rural areas:

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

For farmers and agricultural workers:

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

Equipment safety:

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

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

Grain handling safety:

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

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

Livestock handling safety:

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

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

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

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

Common Causes of Work-Related Back Injuries

Back injuries account for 20 percent of all injuries and illnesses in the workplace, affecting over 1 million workers annually. The National Institute for Occupational Safety and Health (NIOSH) estimates that back injuries cost between $20 to $50 billion per year, and one forth of workers’ compensation monetary claims involve back injuries.

Back injuries are the most common type of injury we see in our Minnesota workers’ compensation law practice.

Some of the most common causes of back injuries include:

• Reaching while lifting
• Poor posture while sitting or standing
• Prolonged static positions
• Lifting, pushing, pulling, or carrying things improperly
• Poor workstation design
• Lifting, pushing, pulling, or carrying things that are too heavy
• Twisting while lifting
• Bending while lifting
• Prolonged awkward postures
• Fatigue
• Poor footing, including slippery floors
• Vibration from machines or equipment

Unfortunately, back injuries can be extremely painful and may even be disabling. If you've sustained a back injury 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 benefits. 

If you’ve sustained a back injury on the job, contact Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation with one of our lawyers to learn about your Minnesota workers’ compensation rights.

Fallen Firefighters Honored on Sunday, October 3, 2010 with Half-Staff Flags

Yesterday, October 3, 2010, State and U.S. flags flew at half-staff at all public buildings in Minnesota in honor of firefighters who were killed or disabled in the line of duty.

A 2001 federal law memorializes fallen firefighters, and this day is celebrated on the first Sunday of October each year in Minnesota.

On average, 100 firefighters are killed in the line of duty in the United States each year. Since 1881, 187 Minnesota firefighters have been killed in the line of duty.On Sunday, the National Fallen Firefighters Memorial Services was held in Emmitsburg, Maryland.

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

According to the CDC, the most common cause of firefighter fatalities is sudden cardiac death. The report notes that coronary artery disease in fire fighters is due to a combination of personal and workplace factors. The personal factors are well known: age, gender, family history, diabetes mellitus, hypertension, smoking, high blood cholesterol, obesity, and lack of exercise. Not as widely known, however, is that fire fighters have exposures to workplace factors that are associated with adverse cardiovascular outcomes such as exposure to fire smoke (notably carbon monoxide, hydrogen cyanide, and particulates), heat stress, noise, and shift work.

The Minnesota legislature recognizes the increased risk of heart conditions for firefighters. Minn.Stat. §176.011, Subd. 15(b) provides a statutory presumption of work-relatedness for firefighters who suffer heart attacks. This means that when an active duty firefighter suffers myocarditis, coronary sclerosis, or pneumonia, those diseases are presumed to be occupational diseases, so long as a pre-employment physical did not indicate any presence of those types of diseases.

In addition to Minnesota workers’ compensation benefits, Minnesota firefighters injured in the line of duty may also be entitled to PERA Duty Disability benefits. Families of firefighters killed in the line of duty may be entitled to Minnesota workers’ compensation death and dependency benefits, in addition to other PERA death and dependency benefits.

For a free, no-obligation consultation to learn about your Minnesota workers’ compensation rights and your entitlement to PERA duty disability benefits, call Meuser & Associates at 877-746-5680 or click here to send us an email.

What is a Pinched Nerve?

Nerves extent from the brain through the spinal cord into the arms and legs and transmit messages in the form of electrical impulses to and from the brain and throughout the body. Nerves that extent from the spine into the arms or legs are called peripheral nerves.

If the nerve is pinched, the flow of messages is reduced or blocked. If the nerve is pinched or blocked long enough, the nerve may lose its ability to transmit electrical charges, and the muscles controlled by those nerves may not function properly, or the skin linked to that nerve may feel numb.

A nerve may become “pinched” as it leaves the spine by a herniated disc or bone spurs.

The symptoms of a pinched nerve depend on which nerve is being affected. A pinched nerve in the low back often includes radiating pain or numbness down the leg. A pinched nerve in the neck can cause pain or numbness in the arm and hand.

Muscle spasms and strains can also put pressure on a nerve, causing temporary pinched-nerve like symptoms. If your pinched nerve symptoms are caused by muscle spasm or sprain, you may be able to relieve those symptoms by:

• Alternating between heat and ice on the painful area
• Taking a hot shower
• Laying down with a rolled up towel under your neck
• Using a handheld massager
• Getting a massage
• Do range of motion stretches
• Take a light walk
• Take an over-the-counter anti-inflammatory

If you’ve suffered a pinched nerve as the result of a Minnesota work injury, you may be entitled to workers’ compensation benefits. For a free, no-obligation consultation to learn about your legal rights, call Meuser & Associates at 877-746-5680 or click here to send us an email.

Two Minneapolis Police Officers Hurt in Car Crash on Tuesday

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

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

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

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

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

What additional benefits are available in a civil liability claim?

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

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

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

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

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

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

Most Popular Minnesota Workers' Compensation Articles: September 2010

In case you missed them, here are our Top Ten Most Popular workers' compensation articles from Meuser & Associates during September 2010.

1. Calculating Permanent Partial Disability (PPD): MN Work Comp 
2. Cortisone Injections, Epidural Steroid Injections, and Other Therapeutic Injections for Work Injuries 
3. Spinal Disc Herniation Injuries 
4. Grain Bin Accidents and Injuries and Minnesota Work Comp 
5. Calculating Your Average Weekly Wage (AWW) 
6. Explosion and Fires at Black Dog Plant in Burnsville, MN Injures Three Firefighters 
7. Nerve Conduction Studies and Workers' Compensation Injuries 
8. Gillette-Type Repetitive Motion Injuries in Minnesota 
9. MN Work Comp and Permanent Partial Disability (PPD) Benefits 
10. Home Health Care Workers and Minnesota Workers' Compensation Benefits

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

Minnesota Reaches 300 Traffic Fatalities This Week

According to the Minnesota Department of Public Safety (DPS), this week, the number of traffic fatalities in Minnesota reached 303. DPS estimates that there will be approximately 405 traffic deaths in 2010. In 2009, there were 421 traffic deaths in Minnesota, the fewest since 1944.

Traffic safety officials credit the decline in traffic fatalities in Minnesota to seat belt enforcement, aggressive impaired driving enforcement, and educational outreach.

Cheri Marti, DPS Office of Traffic Safety Director noted that “we’ve made progress at limiting road deaths, and we can continue that progress, but it has to start with motorists buckling up, driving focused, traveling at safe speeds and never getting behind the wheel impaired.”

Of the 303 traffic deaths this year, 29 were motorcyclists, 24 were pedestrians, and eight were bicyclists.

If you are injured in a car accident as a result of someone’s negligence, you may be able to bring a civil liability claim against the at-fault party. Make sure you get the compensation you are entitled to. For a free, no-obligation case consultation contact Meuser & Associates at 877-746-5680 or click here to send us an email.

Medical Expense Benefits – MN Workers’ Compensation

One of the benefits available to injured workers under Minnesota workers’ compensation law is coverage for reasonable and necessary medical expenses. Reasonable and necessary medical expenses are fully covered under Minnesota Workers’ Compensation, meaning that you do not pay a premium, you do not have a deductible, and you do not pay co-pays for these benefits.

Minnesota Statute §176.135 provides coverage for a wide variety of medical benefits, including, but not limited to:

• Medical treatment in an emergency room
• Appointments with a medical doctor
• Chiropractic treatment
• Prescription medications
• Over-the-counter medications
• Podiatric treatment
• Surgical treatment, hospitalization, and nursing services
• Home nursing services
• Crutches, walkers, and wheelchairs
• Diagnostic tests, such as X-rays, MRI’s, and CT scans
• Physical therapy and rehabilitation
• Preventative rabies treatment
• Dental treatment
• ….and pretty much anything else necessary to cure and/or relieve the effects of your injury.

That being said, there are treatment parameters that apply to certain types of medical treatment. For example, chiropractic treatment is generally limited for neck, upper back, low back and upper extremity injuries for a period of up to 12 weeks, plus an additional 12 visits over the next 12 months if certain requirements are met, although there are several exceptions to this rule.

The chiropractic treatment parameters are one of the most contentious issues in Minnesota workers’ compensation medical dispute cases. We regularly represent injured workers who receive substantial benefit from chiropractic treatment, but then, once they’ve reached twelve weeks of treatment, the workers’ compensation insurer stops paying.

We often speak with injured workers who are hesitant to retain an attorney when their case involves a relatively small dispute over medical treatment. Maybe the insurer hasn’t reimbursed them for some prescriptions. Or maybe the insurer won’t pre-approve a follow up MRI. Or maybe the insurer is refusing to pay for additional chiropractic treatment or physical therapy.

DON’T IGNORE MEDICAL DISPUTES WITH THE WORKERS’ COMPENSATION INSURANCE COMPANY!

Injured workers often wonder whether a Minnesota workers’ compensation lawyer will take their case if they just have a medical dispute. YES! Under Minnesota workers’ compensation law, if your case is limited to a dispute primarily involving medical issues, your workers’ compensation lawyer can petition the Office of Administrative Hearings to order the workers’ compensation insurer to pay your lawyer fees called Roraff fees, which are normally separate and above and beyond benefits payable directly to you.

We regularly represent injured Minnesota workers for claims involving primarily disputes over medical care. For example:

• We tried and won a case where a workers’ compensation insurer refused to pay a $90.00 bill for a follow up visit with the employee’s spine surgeon. The employee had previously undergone two back surgeries, and had settled her case, closing out monetary benefits. The insurer refused to pay the bill because the employee was pregnant when she had her appointment, and they argued that it was her pregnancy, not her two prior back surgeries for herniated discs, that was causing her back pain.
•  We represent an employee who settled his monetary benefits over 15 years ago. He has severe degenerative disc disease in his spine, and when he moved to Michigan, he couldn’t find a doctor who was willing to take on his challenging case. Each year, he returns to Minnesota for a follow up appointment with his surgeon, and each year, the insurer refuses to pay for his mileage and lodging, and each year, we file a claim on his behalf, and ultimately get the insurer to reimburse him.
• We represented a woman who sustained a severe shoulder injury in the early 1990’s. Over the last several years, she began developing severe low back pain, which we believed was related to the bone graft which was harvested from her pelvis on two separate occasions. We ultimately procured a monetary settlement on her behalf, and recently secured pre-approval from the insurer to return for a consultation for her shoulder injury with the surgeon who performed her sixth and final shoulder surgery almost 15 years ago.

For 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.

Backovers -- Leading Cause of Worker Fatalities in Work Zones

The leading cause of fatalities for workers in work zones is being run over or backed over by vehicles. Motorists on the road create a constant hazard for construction zone workers, but these workers are also at equal risk of being killed by construction vehicles. On average, each month, at least one road construction worker is killed by being backed over by a construction vehicle.

Between 1995 and 2002, 844 workers were killed while working at a road construction site. During this period, the most common type of incident involved a worker who was struck by a vehicle or mobile equipment (60% of fatal accidents). Other fatal events included collisions between vehicles or mobile equipment (10 %), being struck by an object (5%), and falls (5%). Eighty-two percent of workers killed in highway accidents worked in road and street construction.  

In Minnesota, several road construction workers have been killed in work zones. For example:

• In 1992, a highway paving crew member was killed after being run over by a rear end dump truck.
• In 1992, a highway construction flagman was killed after being stuck by a pickup truck.
• In 1994, a highway construction worker died after being struck by a vehicle while crossing a roadway.
• In 1995, a construction worker was killed after being run over by a 9-wheel pneumatic roller.
• In 1996, a conveyor operator died after being run over by a belly dump trailer.
• In 1997, a worker was killed after being run over by a Caterpillar.
• In 1998, a worker was killed after being run over by a front-end loader.
• In 1999, an electrician died after falling from a cherry picker basket.
• In 2000, a worker was killed after being crushed between a rock spreader and a pneumatic roller.

If you’ve suffered injuries as a result of a Minnesota work zone accident, you may be entitled to MN workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits and rehabilitation benefits. If your loved one was killed in a work zone accident in Minnesota, you and your family may be entitled to MN workers’ compensation death and dependency benefits.

For a free, no-obligation case review, call Meuser & Associates at 877-746-5680 or click here to send us an email to speak with one of our workers’ compensation lawyers. Visit us at MeuserLaw.com to learn more about Minnesota workers' compensation.

Most Popular Minnesota Workers' Compensation Articles

Our most recent post was our 100th Minnesota Workers' Compensation blog article!

In case you missed some of our more popular articles from the past, here are the most popular five posts over the last year and a half.

1. Calculating Permanent Partial Disability (PPD): MN Work Comp
2. Cortisone Injections, Epidural Steroid Injections, and Other Therapeutic Injections for Work Injuries
3. Spinal Disc Herniation Injuries
4. Calculating Your Average Weekly Wage (AWW)
5. Work-Related Rotator Cuff Tears

Visit us at MeuserLaw.com!

Forklift Accidents and MN Workers’ Comp.

Forklifts are extremely important and useful machines in a variety of industries, including manufacturing, warehousing, production, steelwork, construction, factories, and shipping industries. Unfortunately, forklift accidents are all too common, and often result in serious or catastrophic injuries to workers.

Each year, about 100 workers are killed in the United States, and an additional 20,000 are seriously injured in forklift accidents. Forklift accidents can be caused by:

• Tipping over. Carrying loads that are too heavy can cause a forklift to overturn. Forklift overturns are the most common cause of fatalities involving forklifts. Forklifts that tip over can crush nearby workers, or crush the worker operating the forklift.
• Falling objects. Forklift drivers can be seriously injured or killed by objects falling and hitting the driver while operating a forklift. If the forklift is operated in a confined area, the risk of hitting something with the forklift or with the load, which then falls onto the driver is magnified. Falling loads can also seriously injure or kill workers who are near the forklift. 
• Driver Ejection. Falling from a forklift is one of the most common causes of forklift fatalities for workers. 
• Being struck by a forklift. Another common cause of forklift-related deaths is when a nearby worker is struck by a forklift. This can happen when a worker fails to notice an oncoming forklift, or if the forklift does not have signal alarms. 
• Lifting workers. Forklifts are not designed to be used to elevate workers. Should the operator lose control, a worker elevated on a forklift can fall and be seriously injured or killed. 
• Poor Driving Conditions. Poor visibility, narrow pathways, obstructed intersections, obstacles, and unsafe floor or ground conditions can all cause forklift accidents. 

There are several things that employees can do to minimize the risk of forklift accidents:

1. No unauthorized operators. Forklift operators must have specific training for the type of forklift they are using, the type of materials they are handling, and the type of environment they are working in. Untrained operators are at much greater risk for causing injury to themselves or others when they operate forklifts. In addition, it is illegal for persons under the age of 18 to operate a forklift.
2. Careful load handling. Operators and workers should stack and secure the load so that it will not shift during transport. When the forklift is in motion, the load should be carried as low as possible. 
3. Keep clear of the load. A raised load on a forklift is a hazard to anyone close enough to it to be struck if it falls. Forklift operators and other workers need to make sure to stay out from directly under the load, as well as far enough from the sides and the front of the load if the load rolls or the force of trajectory of a moving load forces throws it forward.
4. Use the correct forklift. Depending on the conditions, i.e., indoor or outdoor; rough terrain or smooth concrete; the size of the load, the forklift must be the appropriate equipment for the situation.
5. Be aware of the terrain. The terrain affects the balance and handling of a forklift. Rough patches or potholes can cause tip-overs. Forklift operators need to know how to operate on inclines, around corners, and on the specific type of terrain. Workers operating forklift operators need to know how to operate the forklift in different types of weather conditions, such as rain, snow, or ice. 
6. Maintain visibility. Markings at the edges of loading docks and other areas where forklifts could roll off should be clearly marked and should include other precautions such as guardrails or chains. Forklift operators coming and going from outside to inside should be aware that the change in lighting from sunlight to indoor light can cause visibility difficulties when they first enter a building. Materials at corners should not be so high that a forklift operator’s visibility of the intersection is obstructed. Mirrors should be used to help operators and pedestrians see around corners.
7. Keep forklift areas separate from pedestrian areas. One of the most common types of forklift accident involves workers who are on foot who are hit by forklifts or falling loads. Where possible, forklifts should be operated in areas separate from workers who are on foot. 

If you’ve been involved in a forklift accident at work in Minnesota, you may be entitled to Minnesota workers’ compensation benefits, including medical expense benefits, wage loss benefits, rehabilitation benefits, and permanent partial disability benefits. If you are hurt at work, make sure you receive all the benefits you are entitled to. For a free, no-obligation consultation regarding your workers’ compensation case, contact Meuser & Associates at 877-746-5680 or click here to send us an email.

What is a Minnesota Workers’ Compensation Functional Capacity Evaluation?

A Functional Capacity Evaluation (FCE) is a course of objective testing to determine your functional limitations following a work related injury. This testing typically involves an interview to determine what types of conditions you have, both work-related and non-work related, what types of treatment you’ve undergone, the type and intensity of symptoms you are experiencing, and how your symptoms impact your activities of daily living. The testing itself usually takes at least several hours, and may be conducted over the course of a couple days. The testing involves having you perform simulated work tasks such as lifting, pushing and pulling, squatting, overhead activities, and other activities relevant to your conditions.

The goal of this testing is to objectively measure your physical work limitations. Often times, this testing is done after you’ve reached Maximum Medical Improvement (MMI), to determine your permanent limitations. An FCE report will often list weight lifting limitations, limitations on bending, twisting, pushing, pulling, kneeling, overhead work, or limitations on sitting or standing for prolonged periods.

During the testing, you are not expected to continue to perform activities that cause you pain. However, the goal of the testing is to determine the maximum abilities you are able to perform. It is important to inform the tester when the activities you are performing cause you pain or discomfort. It is also critical that you don’t try to exaggerate your symptoms during the course of the testing. The testers are experts and will absolutely be able to tell if you are exaggerating. If you exaggerate, this will be put in writing in your FCE report. Almost nothing sinks an otherwise legitimate workers’ compensation case than an FCE report which indicates that the injured worker was exaggerating some of his or symptoms.

Your QRC will often use the results of your FCE to help define what types of work are appropriate for you, and to develop a plan to try to get you back to work within those restrictions.

For a free, no-obligation consultation regarding your Minnesota workers’ compensation case, contact Meuser & Associates at 877-746-5680 or click here to send us an email.

Continuation of Healthcare Coverage Under Minn. Statute. 299A.465 When You're Over Age 55

Minnesota firefighters and police officers who are disabled in the line of duty may be entitled to duty disability pension benefits under PERA. If you have a disability that is expected to prevent you from performing your normal duties as a police officer or firefighter for a period of at least a year, and if 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. 45 (2009), you may be entitled to these benefits.

In addition, under Minn. Stat. §299A.465, if you qualify for duty disability benefits, you also qualify for continued health insurance through your employer. This means that your employer is responsible for continued payment for your insurance coverage. Obviously, this is a huge benefit, the value of which can exceed tens of thousands of dollars over the course of several years.

Unfortunately, if a PERA member becomes disabled after reaching age 55, he or she is not eligible for duty disability benefits. However, firefighters or police officers who meet the definition of duty disability, but don’t qualify for duty disability benefits because they’ve reached age 55 are still eligible for continued healthcare coverage under Minn. Stat. Sec. 299A.465.

If you’re a Minnesota firefighter or police officer who is disqualified from receiving PERA duty disability benefits because you’ve reached age 55, it is worth submitting an application to PERA for a determination as to whether you qualify for continuation of healthcare coverage under Minn. Stat. §299A.465. Continued employer contributions toward your health insurance until age 65 is worth tens of thousands of dollars, if not more.

Meuser & Associates has represented dozens of police officers and firefighters from all over the state of Minnesota for workers’ compensation claims, and we have helped dozens of police officers and firefighters complete applications for PERA duty disability benefits, appeal unfavorable determinations, and apply for continued healthcare coverage under §299A.465. In fact, Meuser & Associates successfully represented four police officers and firefighters at the Minnesota Court of Appeals regarding disputes over continuation of healthcare coverage.

For a FREE, no-obligation consultation regarding your entitlement to PERA duty disability benefits and/or continuation of healthcare insurance under §299A.465, contact Meuser & Associates at 877-746-5680 or click here to send us an email to speak with Ron or Jen.

Minnesota Workers' Comp PPD % Rating: How Much Is It Worth?

Under Minnesota Workers’ compensation law, Permanent Partial Disability (PPD) benefits are payable for the permanent functional loss of use of the body based upon a disability schedule. Often, once an injured worker has reached Maximum Medical Improvement (MMI), his or her doctor will assign a permanency rating.

If the search statistics are any indication, folks are curious as to the dollar value associated with their permanency ratings.

In Minnesota, since 1984, Permanent Partial Disability (PPD) has been determined using the PPD schedules. Under the schedules, specific types of impairments to each body part are assigned a percentage rating. These ratings are meant to assign a permanent partial disability to the body as a whole based on the specific type of permanent impairment. This percentage is then multiplied times a dollar amount to determine the amount of the PPD benefits. A higher permanency rating is multiplied by a higher dollar amount. Here’s a look at the schedule that applies to injuries that occurred on or after October 1, 2000:

PPD % Amount 

0-5        $75,000
6-10       $80,000
11-15     $85,000
16-20     $90,000
21-25     $95,000
26-30     $100,000
31-35     $110,000
36-40     $120,000
41-45     $130,000
46-50     $140,000
51-55     $165,000
56-60     $190,000
61-65     $215,000
66-70     $240,000
71-75     $265,000
76-80     $315,000
81-85     $365,000
86-90     $415,000
91-95     $465,000
96-100   $515,000

The compensation schedule at the Minnesota Department of Labor and Industry website can be somewhat confusing for folks trying to figure this out on their own what the insurance company owes them. For example, I’ve had people inquire as to why the insurance company wasn’t going to pay $80,000.00 for their 10% PPD rating.

Reading the schedule this way makes it seem like PPD ratings between 6-10% result in a benefit of $80,000.00. Unfortunately, this is not the case. Ratings between 6-10% are multiplied by $80,0000.00 to determine the permanency benefit.

Here’s a couple examples of how this math works:

3% PPD (x) $75,000.00 = $2,250.00

5% PPD (x) $75,000.00 = $3,750.00

9% PPD (x) $80,000.00 = $7,200.00

16% PPD (x) $90,000.00 = $14,400.00

24% PPD (x) $95,000.00 = $22,800.00

36% PPD (x) $120,000.00 = $42,200.00

50% PPD (x) $140,000.00 = $70,000.00

75% PPD (x) $265,000.00 = $198,750.00

100% PPD (x) $515,000.00 = $515,000.00

Sometimes, determining permanency is relatively straightforward under the schedules. Other times, however, such as when the type of injury is not specifically addressed in the schedules, if there is disagreement as to the precise diagnosis, if there is a question as to whether the individual had a pre-existing condition, or where multiple body parts are injured, determining permanency may be more complex. As a rule, Minnesota workers’ compensation insurance companies adopt the lowest possible rating.

Our office frequently reviews files of injured workers who don’t think they have any workers’ compensation benefits available, only to discover that the work comp. insurer either did not pay PPD benefits, or underpaid those benefits.

For more information about Permanent Partial Disability (PPD) benefits in Minnesota, check out these previous posts:

MN Work Comp and Permanent Partial Disability (PPD) Benefits

Calculating Permanent Partial Disability (PPD): MN Work Comp

For a free, no-obligation consultation to learn more about Minnesota workers’ compensation benefits, call Meuser & Associates at 877-746-5680 or click here to send us an email to speak with one of our Minnesota workers’ compensation lawyers.

Home Health Care Workers and Minnesota Workers’ Compensation Benefits

Our office has represented several home health care workers for a variety of injuries, including, most recently, a low back injury resulting in surgery, a broken ear drum resulting from an assault, a broken leg resulting from a fall down some stairs, Hepatitis C due to exposure from a client, and a torn rotator cuff from lifting a client.

One thing that we see far too often in handing Minnesota workers compensation cases for injured home health care workers and personal care attendants, is poor handling of the situation on behalf of the employer. In fact, upon receipt of our letter of representation, one employer called and left me a message on my voicemail advising me that she was firing the worker for talking to a lawyer. Bad move on her part, and she left the proverbial “smoking gun” evidence on my voicemail. Not all home health care employers behave this way, but for some reason, it seems to be more prevalent in this field.

I can’t stress enough how many of these workers fall through the cracks of the workers’ compensation system. Too many employers of personal care attendants and home health care workers do not report their injuries, and take inappropriate retaliatory actions against them when they do report them. I would recommend to any Minnesota home health care worker who is injured at work to speak with a Minnesota workers’ compensation lawyer to ensure that their rights are protected.

According to the CDC, in 2007, there were 896,800 home health care workers. Amazingly, among those healthcare workers, there were 27,400 injuries reported. It’s anyone’s guess as to how many injuries were not reported. Some of the injuries resulted from unintentional needlesticks, latex allergies, and violence. The most common injuries, however, were sprains, strains, and other musculoskeletal injuries related to lifting and moving patients. The rate of patient lifting injuries in 2007 among healthcare workers was 20.5 per 10,000.

Unfortunately, persons with mobility problems are often not furnished with lifting equipment or adjustable beds. Moreover, nurses, aides, hospice care workers, and other in-home care providers typically work in the client’s home alone. Moving patients by themselves, in cramped quarters, and without lifting equipment is an injury waiting to happen. In fact, research indicates that assistive devices should be used to lift more than 35 pounds of a patient’s weight.

Some examples of ergonomic assistive devices to reduce the incidence of overexertion and musculoskeletal injuries among home healthcare providers include hoists, rolling toileting and showering chairs, grab bars, adjustable beds, raised toilet seats, and slip sheets.

Reducing musculoskeletal injuries involves ergonomic planning to make it physically easier for in-home health care providers to do their jobs. Employers may wish to consult with professional in patient care to evaluate whether and when assistive devices should be used. They should also provide ergonomics training for providers, evaluate each patient-care plan to determine whether ergonomic assistive devices are needed, and reassess the training, the care plan, and the assistive devices to determine their effectiveness.

In order to avoid injuries, home healthcare providers should use ergonomic devices when they are available to avoid manual patient handling, and to use proper body mechanics when manual patient handling is necessary.

Home health care workers are entitled to workers’ compensation benefits if they are injured in the course and scope of their employment. These benefits include medical expense benefits, wage loss benefits, permanency benefits, and rehabilitation benefits. If you are a home health care worker who sustains an injury on the job, make sure you get the benefits you are entitled to.

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

Visit us at MeuserLaw.com for more information about Minnesota Workers' Compensation.

Types of Spinal Cord Injuries Caused by MN Car Accidents and Work Injuries

Even minor damage to the spinal cord can result in catastrophic injury. Approximately 250,000 Americans currently live with a significant spinal cord injury. Of these Americans, 52% suffer from paraplegia, which means they have suffered a spinal cord injury in the thoracic (mid-back) or lumbar (low back) area, and 47% suffer from quadriplegia, which means they have significant injury to their spinal cord in the cervical (neck) spine. It is estimated that about 12,000 people per year suffer spinal cord injuries.

Spinal cord injuries refer to damage to the spinal cord, which results in paralysis, impairment in normal functioning, decreased mobility, and loss of sensation. Most spinal cord injuries are caused in work-related accidents (28%) or motor vehicle accidents (24%).

Symptoms of spinal cord injury include:

• Loss of sensation and movement;
• Loss of bowel or bladder control;
• Back pain or neck pain;
• Difficulty breathing;
• Weakness;
• Paralysis;
• Numbness in extremities;
  

Different levels of the spine control different functions in the body. As a result, the level at which the spinal cord injury occurs is usually determinative as to the level of impairment.

Cervical Injuries

Cervical (neck) injuries usually result in full or partial tetraplegia (Quadriplegia).

• C3 vertebrae and above : Typically results in loss of diaphragm function, necessitating the use of a ventilator for breathing.
• C4 : Results in significant loss of function at the biceps and shoulders.
• C5 : Results in potential loss of function at the shoulders and biceps, and complete loss of function at the wrists and hands.
• C6 : Results in limited wrist control, and complete loss of hand function.
• C7 and T1 : Results in lack of dexterity in the hands and fingers, but allows for limited use of arms. C7 is generally the threshold level for retaining functional independence.
  

Thoracic injuries

Injuries at or below the thoracic spinal levels result in paraplegia. Function of the hands, arms, neck, and breathing is usually not affected.

• T1 to T8 : Results in the inability to control the abdominal muscles. Accordingly, trunk stability is affected. The lower the level of injury, the less severe the effects.
• T9 to T12 : Results in partial loss of trunk and abdominal muscle control.
  

Lumbar and Sacral injuries

The effects of injuries to the lumbar or sacral regions of the spinal cord are decreased control of the legs and hips, urinary system, and anus.

If you’ve sustained a spinal injury as a result of a work-injury or car accident, contact Meuser & Associates at 877-746-5680 or click here to send us an email, for a free, no-obligation consultation. Make sure you get the benefits you are entitled to.

Dangers of Arc Flash and Arc Flash Prevention: Minnesota Workers’ Compensation

An arc flash is a short circuit through the air. In an arc flash incident, enormous amounts of concentrated energy explodes outward from electrical equipment. Arc flash is extraordinarily dangerous. Five to ten arc flash explosions occur in electrical equipment every day in the United States. Exposure to an arc flash often results in multiple, serious injuries of workers, and in some cases, arc flash leads to their death. Each year, more than 2,000 workers are treated for severe burns as a result of arc flash injuries. Medical treatment for workers severely injured in arc flash incidents can exceed $1 million.

Arc flash occurs when electrical current flows between two or more separated energized conducting surfaces. It can be caused by:

• Insulation failure.
• Buildup of dust, impurities, and corrosion on insulating surfaces, which can provide a path for current.
• Equipment failure due to use of substandard parts, improper installation, or even normal, wear and tear.
• Birds, insects, and rodents chewing off leads at connections.
• Human error, including dropped tools, accidental contact with electrical systems, and improper work procedures.
  

The outward explosion of energy during an arc flash can create enormous pressure waves strong enough to damage hearing, fracture ribs, collapse lungs, or knock workers down. The pressure waves can also send loose materials, such as pieces of damaged equipment, tools, or other objects through the air at speeds in excess of 700 miles per hour. If these items strike a worker, it can easily cause catastrophic injury or death. A high intensity flash can also cause damage to eyesight. An arc flash can also create a ball of gas with temperatures in excess of 5,000 degrees which can ignite clothing and cause severe burns.

Precautions can be taken to reduce the likelihood of arc flash injuries. Whenever possible, employees should de-energize equipment before beginning work. If it is necessary to work on energized equipment, employees should follow safe work practices, should use appropriate tools, and should wear proper personal protective equipment. Depending on the risk involved, appropriate personal protective equipment might include flame-resistant clothing, helmet or headgear, face shield, safety glasses, insulating gloves, and shoes appropriate for electrical work.

If you or a loved one has been injured at work as a result of an arc flash accident, you may wish to enlist the services of a Minnesota workers’ compensation lawyer. You may be entitled to a variety of benefits, including medical expense benefits, wage loss benefits, permanency benefits, and rehabilitation benefits. If your loved one died as the result of an arc flash accident, you may be eligible for death and dependency benefits. If your injuries are severe, you should focus on getting better. A Minnesota workers’ compensation can help take the stress out of dealing with the insurance company, and can help guide you through the maze of the workers’ compensation system. Keep in mind that in a Minnesota workers’ compensation case, there are no attorney fees unless there is a dispute, and unless we win for you. If the workers’ compensation insurance company pays all appropriate benefits, there are no attorney fees.

To schedule a free, no-obligation consultation with one of our Minnesota workers’ compensation lawyers, 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.

Explosion and Fires at Black Dog Plant in Burnsville, MN Injures Three Firefighters

Firefighters from three departments responded to a call at the Black Dog Power Plant in Burnsville at about 7:30 this morning when workers discovered a fire in a coal bin. Just after 8:00 a.m., there was an explosion that blew off the side of one of the plant’s buildings.

KSTP reports that no Xcel Energy workers were injured, but three firefighters suffered minor injuries while fighting the fire.

Obviously, any of the firefighters injured while fighting this fire are entitled to workers’ compensation for their injuries. I’m just grateful to read that no one was seriously injured or killed. It doesn’t appear that the cause of the fire and explosion has been made public yet.

The dangers associated with fires and explosions are tremendous. According to the Bureau of Labor fires and explosions accounted for 3% of workplace fatalities in 2007.

More than half of the electricity generated in the United States comes from coal. For the foreseeable future, coal will continue to be the dominant fuel used for electric power production.

Coal-based energy production poses specific dangers to workers, specifically the risk of coal dust explosion. Particle sizes of coal which can fuel a propagating explosion occur within thermal dryers, cyclones, baghouses, pulverized-fuel systems, grinding mills, and other process or conveyance equipment.

If you or a loved one sustained injuries as the result of a power plant fire or explosion in Minnesota, you may be entitled to workers’ compensation benefits. For a free, no-obligation consultation to learn about your rights, contact us at Meuser & Associates at 877-746-5680 or click here to send us an email to speak with one of our Minnesota workers’ compensation lawyers.

What Do You Want Be When You Grow Up? – Minnesota Workers’ Compensation and Retraining Benefits

Are you disabled due to a Minnesota work injury and can't go back to your job? Do you need to learn new skills to compete in this job market? If so, you may be eligible for Minnesota workers' compensation retraining benefits.

If you sustain a work-related injury in Minnesota, you may be eligible for vocational rehabilitation services if 1) you need help returning to work because of your injury, and 2) your employer is unable to offer you suitable gainful employment within your work restrictions. Vocational rehab services are coordinated between you, your employer/insurer, and your Qualified Rehabilitation Consultant (QRC). These services can include, but are not limited to: 1) modifying your job duties to fit your abilities, 2) finding work with a different employer if yours does not have suitable work available, and 3) training for a new job.

You can request vocational rehabilitation assistance at any time by contacting your workers’ compensation insurance company, and requesting a rehabilitation consultation. If you have a workers’ compensation lawyer, your lawyer may request the assistance of a QRC on your behalf.

Your rehabilitation plan may include retraining. Retraining is a formal course of study designed to assist an injured worker’s return to suitable gainful employment.

For dates of injury from October 1, 1995 through September 30, 2000, you must file a request for retraining with the Department of Labor and Industry before you receive 104 weeks of temporary total disability and/or temporary partial disability benefits. For dates of injury between October 1, 2000, and September 30, 2008, you must file a request for retraining before 156 weeks of temporary total disability and/or temporary partial disability. For dates of injury on or after October 1, 2008, you must file a request for retraining before 208 weeks of temporary total disability and/or temporary partial disability benefits.

Your Qualified Rehabilitation Consultant (QRC) is responsible for preparing your retraining plan. The plan must be approved by the insurer and by the Minnesota Department of Labor & Industry.

In addition to receiving training or education to assist you in returning to suitable gainful employment, if you are approved for a retraining plan, you may also be eligible for payment of retraining benefits for up to 156 weeks. Retraining benefits are monetary benefits that are essentially the same as temporary total disability benefits.

The Minnesota Supreme Court has held that retraining is necessary if it will materially assist the employee in restoring an impaired earning capacity. Nordby v. Arctic Enter., Inc., 232 N.W.2d 773 (1975). Factors that are considered in determining eligibility for retraining include:

• The reasonableness of retraining compared to the employee’s return to work with the employer or through job placement activities;
• The likelihood of the employee succeeding in a formal course of study given the employee’s abilities and interests;
• The likelihood that retraining will result in a reasonably attainable employment; and
• The likelihood that retraining will produce an economic status as close as possible to that which the employee would have enjoyed without the disability.
  

If you and your QRC decide to explore retraining as an option to help you get back to work, you will typically undergo vocationally testing, including aptitude testing and interest testing to determine whether you have the requisite intellectual ability to complete a proposed course of study, and to determine appropriate fields of study. A labor market study is also done to determine the current and future availability of jobs in the proposed area of retraining. This is particularly important given the poor job market right now. A determination will also be made as to whether you are physically capable of performing work in the proposed area of retraining. After these things have been completed, a proposed retraining plan must be developed and filed with the Department of Labor and Industry, which contains the following information:

• Identifying information on the employee, employer, insurer, and QRC;
• The rehabilitation goals;
• Information about the formal course of study required by the retraining plan, including the name of the school, titles of classes, the courses length in weeks, an itemized cost of tuition, books, and other necessary school charges, mileage costs and other required costs;
• Starting and completion dates;
• Pre-injury job title and economic status, including, but not limited to, pre-injury wage;
• A narrative rationale describing the reasons why retraining is proposed, including a summary comparative analysis of other rehabilitation alternatives and information documenting the likelihood that the proposed retraining plan will result in the employee’s return to suitable, gainful employment;
• Dated signatures by the parties signifying an agreement to the retraining plan; and
• An attached copy of the published course syllabus, physical requirements of the work for which retraining will prepare the employee, medical documentation that the proposed training and field of work is within the employee’s physical restrictions, reports of all vocational testing or evaluations, and a recent labor market study of the field for which training is proposed.
  

The Commissioner reviews the proposed training plan within 30 days of its submission and notifies the parties of plan approval or denial. A party who disagrees with a decision of the Commissioner about rehabilitation may request a formal hearing.

As you may have ascertained, retraining programs are expensive. If you are approved for retraining, not only does the insurer have to pay for the cost of the educational program itself and all incidental expenses, such as text books, but you may also be entitled to monetary “retraining benefits” for the duration of the plan, up to a maximum of 156 weeks. This is in addition to any wage loss benefits the insurer had to pay prior to the initiation of the retraining plan, and in addition to any additional wage loss benefits you may be entitled to after completion of the plan. Given the extensive costs associated with retraining benefits, it is rare indeed for a workers’ compensation insurer to voluntarily agree to a proposed retraining program for an injured worker.

If you are interested in retraining benefits, ask your QRC about your eligibility. If you’re off work due to a Minnesota workers’ compensation injury, and you don’t have a QRC assisting you, contact us and we can help you get in contact with a QRC for an initial consultation.

For a free, no-obligation consultation contact Meuser & Associates at 877-746-5680 or click here to send us an email to speak with one of our workers’ compensation attorneys for a free case evaluation.

Visit MeuserLaw.com for more information about Minnesota Workers' Compensation.

Minnesota Workers’ Compensation, Statute of Limitations

Often injured workers in Minnesota think too much time has passed in order to bring a claim for workers’ compensation benefits, or to dispute the work comp. insurer’s denial of liability. The statute of limitations sets a time limit on the length of time within which you can commence an action for workers’ compensation benefits.

The rationale behind the statute of limitations is to prevent a claimant from delaying a suit for Minnesota workers’ compensation benefits for an unreasonable length of time, forcing the defendant to defend itself against a “stale” claim.

If a claim is brought years after the fact, there are evidentiary problems, including medical records that are no longer available, witnesses that are no longer available, and the inability of the parties to accurately recall the facts.

Minnesota Statute §175.151(1) provides that an employee must bring an action or proceeding to determine or recover compensation within three years if the employer filed a First Report of Injury with the Minnesota Department of Labor and Industry.

The statute begins to run from date the report of injury was received by the Department of Labor and Industry.

If the employer did not file a first report of injury, the statute provides a six year statute of limitations. The statute begins to run from the date of the injury.

For dependency claims related to a workers’ death, a claim must be commenced within three years after the Department of Labor and industry receives written notice of the death from the employer. If the employer did not file a report of death, a claim for dependency benefits must be brought within six years of the date of the injury, if no benefits were paid for the injury which caused the death. If workers’ compensation benefits were paid for the injury, but no report of death was filed, the six year statute of limitations on dependency claims runs from the date of the death.

Commencement of a claim for workers’ compensation benefits usually occurs with the filing of a Claim Petition. This must be done before the statute of limitations runs.

If your Minnesota workers’ compensation claim was admitted, or if the employer/insurer paid any benefits on your claim, there is no statute of limitations, although it is better to bring a claim sooner rather than later if there is a dispute because proving your claim gets more difficult the greater the time between your original injury and the time you bring a claim.

Don’t wait to consult with a workers’ compensation lawyer until the day before the statute of limitations runs out! Nothing frustrates me more than speaking with an injured worker who waited too long to speak with a workers’ compensation lawyer. A couple months ago I spoke with a gentleman who had seriously injured his back when he fell down an embankment while working with a landscaping company about seven years ago. He had just started with the company and didn’t want to rock the boat by bringing a workers’ compensation claim, and the employer didn’t report it, despite the fact that his supervisor took him to the hospital after he fell. He only lasted with that company for a few more months, before his back pain became debilitating. He subsequently underwent a three level fusion surgery on his low back, and has, more or less, been completely off work since then. By the time he spoke with us, the statute of limitations had run on his claim. There was nothing we could do for him.

I can’t stress enough how important it is to report your work-related injuries. Some folks are worried about employer retaliation for making a workers’ compensation claim, which is a completely legitimate concern. But, are you still going to be working for that same employer in two years, five years, ten years? Are they going to care if the pain from your injury becomes disabling? Are they going to care if you can’t find a job that’s suitable given your physical limitations? Are they going to care if you don’t have insurance to pay for the medical treatment you need for your work injury?

Even if you think too much time has passed to bring a claim for workers’ compensation benefits, it is still a good idea to speak with a workers’ compensation lawyer. In many cases, we discover that either 1) the employer/insurer did pay some benefits, or 2) we are able to avoid the statute of limitations if you had an aggravation or re-injury.

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

Visit our workers' compensation website at MeuserLaw.com!