Choose Your Own QRC: MN Work Comp. Qualified Rehabilitation Consultants

In Minnesota, if you are having difficulty performing your job duties because of your work injury, or if your employer has terminated you or laid you off because there is no work within your restrictions, you may be eligible for the assistance of a Qualified Rehabilitation Consultant (QRC).

If you are injured on the job, you have the right to request a consultation with a QRC at any time. After your consultation, the QRC will determine if you are a “qualified employee,” which means

"an employee who, because of the effects of a work-related injury or disease, whether or not combined with the effects of a prior injury or disability:

A. is permanently precluded or is likely to be permanently precluded from engaging in the employee's usual and customary occupation or from engaging in the job the employee held at the time of injury;

B. cannot reasonably be expected to return to suitable gainful employment with the date-of injury employer; and

C. can reasonably be expected to return to suitable gainful employment through the provision of rehabilitation services, considering the treating physician's opinion of the employee's work ability."

If you are found to be a qualified employee, your QRC works with you, your employer, your medical providers, and the workers’ compensation insurance company to help you get back to suitable gainful employment.

QRC’s also provide medical management services, transferable skills analysis, vocational testing, ergonomic job modification, job seeking skills training, resume preparation, and job development and placement.

You have the right to choose your own QRC! The QRC you choose can have a significant impact on your case. 

Qualified Rehabilitation Consultants are licensed in the state of Minnesota to provide vocational rehabilitation services to injured workers. While QRC’s are supposed to work in the interests of both the employee and the employer, some QRC’s are not exactly “independent.”

If an insurance company assigns you a QRC, there’s a good possibility that if push comes to shove, your insurance-company-assigned QRC is not going to be looking out for your interests. Even if you’ve met with a QRC the insurance company assigned to you, and you’ve signed a Rehabilitation Plan (R-2) in Minnesota, you have the right to change QRC’s within 60 days without having to seek approval from the workers’ compensation insurance company.

If you feel like your QRC is minimizing your injuries, if you feel like your QRC is pushing your doctor to return you to work too early, or if you feel like your QRC is pressuring your doctor to decrease or remove your restrictions, you may want to consider changing QRC’s. 

After 60 days have passed, it gets more difficult to change QRC’s. After that point, you must have pre-approval from your workers’ compensation insurer, or you must get a decision from the Department of Labor and Industry or a Workers’ Compensation Judge in order to switch. You must show that a change in QRC’s is in the best interests of both parties.

If you’ve been contacted by a QRC that’s been assigned to you by your employer or their insurance company, it’s a good idea to speak with a Minnesota workers’ compensation lawyer before agreeing to that QRC. For a free, no-obligation workers’ compensation case consultation, call Meuser & Associate at 877-746-5680 or click here to send us an email. 

More TTD Means TPD More Likely: MN Workers’ Comp. Wage Loss

According to an analysis done by the MN Department of Labor and Industry, workers who receive Temporary Total Disability (TTD) benefits for an extended period are more likely to be eligible for Temporary Partial Disability (TPD) benefits once they return to work. 

Temporary Total Disability (TTD) benefits are available to injured workers if they are completely restricted from working, or if they are unable to return to their date-of-injury employer as a result of their injuries, and they are conducting a diligent job search. These benefits are currently available for a maximum of 130 weeks at a rate of 2/3 of the workers’ average weekly wage (AWW) at the time of the injury, capped at a maximum of $850.00 per week. If the employee has reached maximum medical improvement (MMI), entitlement to TTD ceases 90 days after reaching MMI.

Temporary Partial Disability (TPD) benefits are available to injured workers who are able to return to work at a reduced wage due to their work-related injury or illness. TPD benefits are available for a maximum of 225 weeks, but for no more than 450 weeks after the date of injury. TPD benefits are paid at a rate of 2/3 of the difference between the workers’ average weekly wage (AWW) and their reduced earnings.

The Department of Labor and Industry determined that the overall percentage of injured workers with wage loss benefits who receive TPD benefits has stayed at about 29 percent. For injuries between 2003 and 2008, the percentage of indemnity claims with TPD benefits increases with the duration of TTD benefits, leveling off at about 55 percent for claims with more than six month of TTD benefits.

In plain language, what this means it that the longer an injured worker receives temporary total disability (TTD) benefits, the more likely it is that he or she will be eligible for temporary partial disability (TPD) benefits. 

In our Minnesota workers' compensation practice, we see many claims where an injured worker with permanent restrictions returned to work, possibly with minimal or no wage loss, and then subsequently lost that job, or had to take a lower paying job due to his or her injuries. In many of these cases, the injured worker was never told they were eligible for additional TPD benefits.

For a free, no-obligation workers' compensation case evaluation, contact Meuser & Associate at 877-746-5680, or click here to send us an email to schedule an appointment with one of our attorneys. 

Causes of Carpal Tunnel Syndrome and MN Workers' Comp.

Carpal tunnel syndrome is one of the most common work-related injuries we see in our Minnesota workers’ compensation law practice. Carpal tunnel syndrome is not only painful, but it can interfere with your ability to do your job. 

If your work activities substantially contributed to your development of carpal tunnel syndrome, you may be eligible for Minnesota workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and rehabilitation benefits.

In Minnesota, when carpal tunnel syndrome is caused by a worker’s day-to-day activities, or where it develops over time as a result of an employee’s work, it is known as a repetitive motion injury, or a Gillette-type injury.

Unfortunately, workers’ compensation cases involving carpal tunnel syndrome are also very commonly disputed by workers’ compensation insurance companies. Rather than acknowledging that your work activities contributed to the development of your condition, the workers’ compensation insurance company will usually try to point to some other cause, such as obesity, diabetes, or no cause at all.

In fact I’ve seen a number of independent medical examiners simply conclude that females over the age of 40 are more likely to develop carpal tunnel syndrome, and that therefore, the workers’ job activities are not a substantial contributing factor to her carpal tunnel syndrome.

Carpal tunnel syndrome occurs when there is pressure on the median nerve as it passes through the carpal tunnel in your wrist. This pressure causes sensations of tingling, numbness, pain, and/or weakness in parts of your hand.

Things that can contribute to the development of carpal tunnel syndrome include:

• Repetitive or forceful hand and wrist movements that cause the membranes surrounding the tendons to swell putting pressure on the median nerve. 
• Work that requires awkward positioning of the hands or wrists for long periods can also put pressure on the median nerve or cause swelling of the tendons. 
• Work activities that cause hand-arm vibration for long periods can contribute to carpal tunnel syndrome. 
•  Broken wrist bones, dislocated bones, new bone growth or bone spurs can put pressure on the median nerve.
• Conditions or illnesses that cause swelling in the joints and soft tissues, or restricted blood flow to the hands, such as obesity, rheumatoid arthritis, gout, diabetes, lupus, or hypothyroidism can result in pressure on the median nerve. 
• Buildup of fluid, or edema, in the carpal tunnel, caused by pregnancy or conditions such as rheumatoid arthritis or diabetes, can put extra pressure on the median nerve. 
• Smoking may contribute to carpal tunnel syndrome by affecting blood flow to the median nerve. 

If you’ve developed carpal tunnel syndrome as a result of your work activities, a Minnesota workers’ compensation lawyer can help protect your rights. For a free no-obligation case consultation call Meuser & Associate at 877-746-5680 or click here to send us an email. 

Pre-Existing Conditions and MN Workers’ Compensation

In Minnesota, if you re-injure or aggravate a pre-existing condition, it is covered by workers’ compensation. A person’s work activities or work injury need only be a substantial contributing factor to his or her current condition for it to be compensable under Minnesota workers’ compensation law.

While an employer is not obligated to cover a worker’s personal health, that employer take employees as they find them with whatever health conditions they bring to the job. Employers in Minnesota assume the risk that an employee’s non-work related pre-existing condition may be aggravated by a work injury or work activity.

In Minnesota, in order to be compensable workers’ compensation claim, it is not necessary that a work injury or an employees work activities be the only cause of the condition for which workers’ compensation benefits are sought. The work activities or the work injury need only be a substantial contributing factor to the cause aggravation or acceleration of a pre-existing condition.

In Vanda v. Minnesota Mining & Manufacturing Co., 27 W.C.D. 379, 218 N.W.2d 458 (1974), the Court explained that:

"[W]hen the usual tasks ordinary to an employee’s work substantially aggravate, accelerate, or combine with a pre-existing disease or latent condition to produce a disability, the entire disability is compensable, no apportionment being made on the basis of relative causal contribution of the pre-existing condition and the work activities."

A judge will consider several factors in determining whether an aggravation of a pre-existing condition is temporary or permanent, including (1) the nature and severity of the pre-existing condition and the extent of restrictions and disability resulting therefrom; (2) the nature of the symptoms and extent of medical treatment prior to the aggravating incident; (3) the nature and severity of the aggravating incident and the extent of the restrictions and disability resulting therefrom; (4) the nature of the symptoms and extent of medical treatment following the aggravating incident; (5) the nature and extent of the employee’s work duties and non-work activities during the relevant period; and (6) medical opinions on the issue.

Denials and disputes based on an actual or alleged pre-existing condition are some of the most common disputes we see in our Minnesota workers’ compensation law practice. For most workers hurt on the job, if there is any suggestion or evidence of a pre-existing condition, there is a strong probability that the workers’ compensation insurance company will deny or dispute the workers’ compensation claim. We fight these issues on a regular basis, and we win these fights on a regular basis. The key is having solid medical evidence evaluating the factors listed above.

I’ve seen workers’ compensation insurers deny a back injury claim based on the fact that the worker had a minor back injury 20 years ago. I’ve seen IME doctors characterize a disc herniation as “degenerative” and argue that it pre-dated the injury, even if the worker never had any back pain or medical care prior to the injury. I’ve seen a workers’ compensation back injury claim disputed because the worker had gone to a chiropractor a few times a couple years prior to the injury. I’ve seen a knee injury claim denied because an MRI revealed evidence of degenerative changes in addition to the claimed injury. Just because the insurance company says your injury is not covered, does not mean they’re right! 

In Minnesota workers’ compensation cases involving an actual or an alleged pre-existing condition, disputes with the workers’ compensation insurance company are almost inevitable. For a free, no-obligation Minnesota workers’ compensation case evaluation, call Meuser & Associate at 877-746-5680 or click here to send us an email. 

The Aging Workforce and Minnesota Workers’ Compensation

It is projected that in 2012, 19.1% of the workforce will be 55 years old and older, and will include more than 21 million workers. Many older workers are working longer and delaying retirement because they enjoy their jobs, and want to continue working. In these tough economic times, however, many older workers are forced to keep working due to their financial circumstances.

While studies show that older workers incur fewer on the job injuries than younger employees, older workers generally suffer more severe work injuries. This is due, in part, because older workers typically have decreased physical abilities than younger workers, they tend to have more degenerative-type injuries or conditions, and they typically take longer to heal than younger workers.

Older workers tend to be at greater risk for knee problems, rotator cuff conditions, and carpal tunnel syndrome, as well as degenerative conditions of the neck and back. Workplace risk factors increase the likelihood of these types of injuries, including work positions that require kneeling and squatting, work positions requiring lifting over the shoulders, job duties requiring heavy lifting, work equipment that requires awkward positioning of body parts, and job duties that require bending for prolonged periods.

Older workers often face additional legal battles over their Minnesota workers’ compensation claims. Specifically, older worker claims are more frequently denied on the basis that their condition is pre-existing. Older workers are also frequently denied wage loss benefits based on the argument that the worker “retired.”

Some types of injuries and conditions tend to develop over a long period of time, as a result of gradual wear and tear. These types of conditions are often described as “degenerative.” Injuries that develop over a long period of time, which are substantially caused by an individual’s work activities are generally referred to as repetitive motion injuries or Gillette-type injures. Even where a worker has an underlying condition that is not work-related, if that condition is aggravated or accelerated by that individual’s work activities, it is still an injury that is covered by workers’ compensation. Unfortunately, workers’ compensation insurance companies very commonly deny these claims on the grounds that the condition is pre-existing. Just because the insurance company says your condition is pre-existing doesn’t mean they’re right! 

Even where an older worker has sustained an injury, and the workers’ compensation insurance company has accepted responsibility for the injury, the insurer often refuses to pay wage loss benefits if the worker cannot return to work. The workers’ compensation insurer often argues that the worker “retired,” and withdrew from the labor market, and that they are not responsible for wage loss benefits. This is particularly common in cases where the worker is close to retirement age, or if the worker accepts a pension or retirement package from the employer. More often than not, however, that injured worker would have kept working had they not been hurt on the job. In that case, usually the injured worker will be eligible for wage loss benefits. Just because the insurance company says you retired, doesn’t mean they’re right! 

If you’ve sustained a work injury, and you’re over the age of 55, you may face additional difficulties in securing all of the Minnesota workers’ compensation benefits you’re entitled to. Learn about your rights! For a free, no-obligation case consultation, call Meuser & Associate at 877-746-5680 or click here to send us an email to schedule a time to speak with one of our Minnesota workers’ compensation lawyers.

Cold Weather Work Safety

Up until recently, winter has been unseasonably warm here in Minnesota (not that I’m complaining). That being said, temperatures have now been in the low teens, and we’re in for even colder weather.

We Minnesotans think of ourselves as a hardy breed of people who are able to tolerate the cold, but even the hardiest among us still need to take measures to stay warm and safe during cold winter weather. Minnesota workers who have to work outside in these temperatures should be mindful of the hazards of cold weather work, and they should be aware of ways to keep themselves safe and healthy when working outdoors.

Cold stress can occur when the body is unable to warm itself, and it can lead to tissue damage and possibly even death. Factors that contribute to cold stress include: 1) cold air temperatures, 2) high velocity air movement, 3) dampness of the air, and 4) contact with cold water or surfaces. A cold environment forces the body to work harder to maintain its temperature. Below-freezing temperatures can cause cold stress, but even higher temperatures, combined with wind or moisture, can cause cold stress. The most common injuries and illnesses that occur due to cold stress are hypothermia, frostbite, and trench foot.

Hypothermia 

Hypothermia occurs when body heat is lost faster than it can be replaced. Symptoms begin with shivering and feet stomping in an attempt to generate heat. Workers may begin to lose coordination, experience slurred speech, and fumble with hand tools. Skin becomes cold and pale. As body temperature drops, symptoms will worsen and shivering stops. If body temperature drops below 85°F, severe hypothermia will develop, and the person may lose consciousness. At 78°F, death can occur. Medical treatment depends on the severity of the hypothermia.

Frostbite

Frostbite occurs when the skin freezes and loses water. Frostbite usually affects the extremities, including fingers, toes, and hands and feet. Exposed areas of the face can also be affected. The affected body part will be cold, tingling, stinging, or aching, followed by numbness. The skin turns red in color, then purple, then white, and is cold to the touch. In severe cases, blisters may develop. Amputation may be required in cases of severe frostbite.

Trench Foot 

Trench foot, also known as immersion foot, is caused when feet are immersed in cold water at cold temperatures for long periods of time. It is similar to frostbite, but usually less severe. Symptoms include tingling, itching or burning.

Minnesota workers exposed to cold weather should take the following precautions to avoid illness or injury:

• Wear at least three layers of clothing. Wear an outer layer, such as Gortex, to break the wind. Wear a middle layer of down or wool to absorb sweat and provide insulation. Wear an inner layer of cotton or synthetic weave to allow ventilation. 
• Wear a hat. Significant amounts of heat escape from the head. 
• Keep an extra change of clothing. If work clothes become wet, change into dry clothes. 
• Wear loose clothing. Loose clothing allows better ventilation than tight clothing. 
• Don’t over-do it. Drink plenty of water to avoid dehydration. Work during warmer parts of the day if possible. Take frequent breaks out of the cold. Work in pairs. Avoid fatigue. Eat warm, high calorie food. 

Cold injuries that require medical attention are covered under Minnesota workers’ compensation. If you’ve sustained a cold injury that resulted in medical attention, you may be eligible for medical expense benefits. If you miss work as a result of a cold injury, you may be entitled to wage loss benefits. If you sustain a permanent injury as a result of cold exposure, you may be eligible for permanent partial disability benefits. If you can no longer do your regular job as the result of a cold injury or illness, you may be eligible for rehabilitation and/or retraining benefits.

If you’ve sustained an on-the-job cold injury in Minnesota, you may be eligible for workers’ compensation benefits. For a free, no-obligation workers’ compensation case consultation, call at Meuser & Associate at 877-746-5680 or click here to send us an email.

Work Restrictions and Minnesota Workers’ Compensation FAQ’s

If you’ve sustained an on-the-job injury in Minnesota, and your doctor has advised you to limit or restrict your work and/or leisure activities, these limitations are referred to as work restrictions. 

Your doctor may provide you with a workability report documenting your limitations, or may tell you to avoid doing certain activities. If you have concerns about your ability to perform your normal job activities following a work injury, it is critical that you discuss these concerns with your doctor. If your doctor tells you to restrict your work activities, you need to have your doctor provide you with a note or workability form documenting your limitations. Documentation of your work limitations must be provided to your employer. Whether an injured worker has work restrictions or not is a major factor in a Minnesota workers’ compensation case. Injured workers who have work restrictions often have questions, including:

What if I can’t do my job because of my restrictions? 

If you can’t perform your normal job duties, your employer may provide you with light duty work, may make accommodations to your job duties to meet your restrictions, or they may give you an alternative assignment that is within your limitations. If your employer cannot accommodate your restrictions, and as a result, you can’t work at your regular job, you may be entitled to wage loss benefits and/or rehabilitation benefits.

I’m afraid to tell my supervisor that I have restrictions because I don’t want to lose my job, what should I do? 

If you are injured at work in Minnesota, you’re required to provide documentation of any work restrictions to your employer. Failure to do so can hurt your legal rights. More importantly, however, if you continue to work outside your restrictions, you may make your injury worse. Your employer cannot fire you for having work restrictions.

My employer won’t let me come back to work unless I’m 100% cleared for duty, what should I do? 

If your employer cannot provide you with light duty work and you have work restrictions because of an on-the-job injury, the workers’ compensation insurance company should be paying you wage loss benefits while you’re off work. You may also be entitled to rehabilitation assistance from a Qualified Rehabilitation Consultant. Don’t let your employer pressure you into being released to full duty before you’re ready. Returning to full-duty work before you’re physically ready to do so can adversely affect your legal rights, and more importantly, it can adversely affect your health.

My employer isn’t following my restrictions. They keep having me do work that’s outside what my doctor says I should be doing, what should I do? 

Your employer cannot force you to work outside your physical restrictions, but unfortunately, some employers do it anyway. What an employee should do in this situation is dependent on the circumstances. A Minnesota workers’ compensation lawyer can help you if your employer is forcing you to perform duties that are outside your restrictions.

I’m working light duty, but I’m still having trouble doing some of my job duties even though they’re within my doctor’s restrictions, what should I do? 

You should discuss the situation with the doctor and explain the job duties that are causing your problems. If appropriate, your doctor may clarify or adjust your restrictions to help you avoid those job activities that are causing you difficulty.

My restrictions are now permanent. My employer can’t provide me with a permanent light duty job. What should I do? 

If you not able to return to your former employment because you have permanent restrictions as a result of a work injury, you may be eligible for wage loss benefits while you look for a new, physically suitable job. You may also be eligible for the assistance of a Qualified Rehabilitation Consultation who can provide vocational rehabilitation services or help you with a retraining plan to help you find a new, physically and economically suitable job.

I don’t have written restrictions – I’ve just been watching what I do at work and avoiding activities that cause me difficulty. Do I need written restrictions? 

Written documentation of your work restrictions are ALWAYS, repeat ALWAYS, better than simply just watching what you do at work. If there’s ever a dispute about your ability to do your job, while your testimony about limiting your work activities can be used to support your claim, written documentation of your restrictions is much, much stronger. We’ve seen this situation go awry for countless injured workers. Written work restrictions go a long way towards protecting your legal rights.

My doctor has given me work restrictions, but the insurance company’s independent medical examiner says I can return to work without restrictions. What should I do? 

You should speak with a Minnesota workers’ compensation attorney. If your claim has not already been denied, it will be soon. That being said, what an injured worker should do in this situation is largely based on the circumstances, and a workers’ compensation lawyer can instruct you on the best course of action. In some circumstances, the injured worker should continue to follow his or her doctor’s orders. In some circumstances, it may be appropriate for the injured worker to try to return to work and see how it goes. In some circumstances, it may be appropriate for the injured worker to undergo a Functional Capacity Evaluation (FCE) to get an objective measure of that worker’s limitations.

I have work restrictions due to an on-the-job injury, and I'm being laid off. Am I eligible for benefits?

In many cases, yes! Workers' compensation insurance companies often fail to tell injured workers who have restrictions, and who are laid off, that they may be eligible for wage loss benefits and/or rehabilitation benefits in the event that they are laid off or terminated. Speak with a Minnesota workers' compensation attorney to help you get the benefits you're entitled to.

I have a work injury and work restrictions, and my employer says I was terminated "for cause." What should I do?

You should contact a Minnesota workers' compensation lawyer. While Minnesota law prevents employers from terminating an employee in retaliation for filing a workers' compensation claim, unfortunately we see cases on a regular basis where an injured worker who is under restrictions suddenly becomes targeted for write-ups, discipline, and termination, after they're been hurt. Termination for misconduct can be a basis for denial of benefits in some workers' compensation cases. That being said, "termination for cause," is not the same thing as "termination for misconduct." Even when an injured worker with work restrictions has been terminated for misconduct, he or she may be entitled to wage loss and/or rehabilitation benefits.

If you have questions about your work restrictions, what rights you have if you have work restrictions, or what to do if your employer cannot accommodate your work restrictions, a Minnesota workers’ compensation lawyer can help. 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 attorneys. 

Younger Workers at Higher Risk for Work Injuries

According to a study released by the National Institute for Occupational Safety and Health (NIOSH), young employees are almost twice as likely to suffer on-the-job injuries as their older co-workers. An analysis of workplace injuries among young people aged 15-24 between 1998 and 2007 revealed that 8 million young people received medical care for work injuries. Eighteen and nineteen year olds experienced work injuries most frequently. 

Contact with objects or equipment was the most common cause of work-related injuries for workers of all age groups, but accounted for a larger portion of injuries among younger workers (49 percent) compared with older workers (40 percent). These injuries often involved the worker being struck by or against an object, being rubbed or abraded by a machine or object, or caught in or crushed by tools, equipment, machinery, parts, or materials.

Workplace fatality rates for younger workers were also twice as high as the rate for older workers. There were a total of 5,719 fatal injuries among workers aged 15 – 24 between the years of 1998 – 2007. Young Hispanic workers suffered fatal injuries far more frequently than black or white young workers. The greatest number of fatal injuries among young workers occurred in the services industries, the construction industries, the wholesale and retail trade sectors, and the agriculture sectors.

The report concluded that “[l]ack of job knowledge, training, and skills might contribute to increased risk among younger workers, who might be less likely to recognize hazards, less likely to speak up regarding safety, and less aware of their legal rights as workers.”

In my own experience as a Minnesota workers’ compensation lawyer, I’ve represented a number of young workers for their workers’ compensation injuries. What I’ve seen time and again, is that young workers who sustain on-the-job injuries are also far less likely to report those injuries, and to seek appropriate medical care than their older counterparts. Unfortunately, young workers who sustain on-the-job injuries are also often taken advantage of by their employers and workers’ compensation insurers, because they’re not aware of their workers’ compensation rights.

Young workers who sustain serious injuries on the job should be mindful of the fact that five years from now, ten years from now, or twenty years from now, those injuries can worsen and become disabling or require significant medical care. If you’re a young person who has sustained a work-related injury, it is extremely important to exercise your workers’ compensation rights to protect your long-term health.

We can help you navigate the complex Minnesota workers’ compensation system and make sure your future interests are protected. For a free, no-obligation case consultation, call Meuser & Associate at 877-746-5680, or click here to send us an email to schedule an appointment with one of our attorneys. 

Overtime and MN Workers' Comp. Wage Loss

For folks who work overtime on a regular basis, missing out on that overtime pay due to a work injury can be a significant hardship. In Minnesota, overtime pay may be taken into account when calculating an injured workers’ average weekly wage. 

In Minnesota, the amount of an injured worker’s wage loss benefits is based on that worker’s average weekly wage (AWW) at the time of the injury. If that injured worker worked overtime, and that overtime pay was “regular and frequent throughout the year,” it should be included in the average weekly wage calculations.

Obviously, what “regular” and “frequent” mean is somewhat subject to interpretation. For example, if you worked ½ an hour of overtime once in the 6 months before your injury, it probably shouldn’t be included in calculating your average weekly wage. If, on the other hand, you worked a minimum of  hours 10 overtime every week in the 6 months before your injury, that overtime pay should probably be included.

In those cases where overtime isn’t quite so regular, there can be disputes as to whether or not it should be included. 

So why is this a big deal?

For folks that worked a substantial amount of overtime prior to their injury, it can mean the difference of hundreds or even thousands of dollars. 

For example, if an individual was paid $15.00 per hour and worked 40 hours per week, every week for six months prior to his or her injury, his or her average weekly wage would be $600.00, entitling him or her to temporary total disability (TTD) benefits of $400.00 ($600.00 (x) 2/3) per week, if that individual is off work as a result of a work injury.

If that same individual worked 10 hours of overtime per week, every week, at time-and-a half ($22.50), his or her average weekly wage would be $825.00 ($600.00 + $225.00), entitling him or her to temporary total disability (TTD) benefits of $550.00 ($825.00 (x) 2/3), if that individual is off work as a result of a work injury. That’s an extra $150.00 per week. If that worker is off work for an extended period of time due to a work injury, that extra $150.00 per week makes a huge difference!

The issue of overtime also comes into play when an injured worker who used to regularly work overtime hours cannot work overtime following a work injury due to his or her work restrictions.

Using the same example as above, if the injured worker cannot work overtime due to his or her work injury, he or she is missing out on $225.00 per week in overtime pay, meaning that he or she is probably eligible for temporary partial disability (TPD) benefits.

Since that worker is earning less money as a result of his or her work injury, the workers’ compensation insurer is required to pay 2/3 of the difference between his or her average weekly wage (AWW), and his or her reduced earnings. In this case, that injured worker would be eligible for temporary partial disability (TPD) benefits of $150.00 per week. Over an extended period of time, that can add up to a lot of money!

Unfortunately, insurance companies frequently overlook overtime pay in calculating an injured workers’ average weekly wage (AWW). 

Again looking at the example above, if the workers’ compensation insurance company failed to include that workers’ overtime pay in calculating his or her average weekly wage (AWW), he or she would be missing out on an additional $150.00 per week on temporary total disability (TTD) benefits if he or she was completely off work, or an additional $150.00 per week in temporary partial disability (TPD) benefits if he or she was no longer able to work overtime following his or her work injury.

Underpayments of wage loss benefits based on an incorrect average weekly wage (AWW) calculation is one of the most common errors or disputes we see in our Minnesota workers’ compensation practice.

In fact, we regularly sit down with injured workers who are currently receiving workers’ compensation benefits, only to discover that the workers’ compensation insurance company has underpaid them hundreds or thousands of dollars. For a free, no-obligation Minnesota workers’ compensation case evaluation, call Meuser & Associate at 877-746-5680 or click here to send us an email. 

Murder and Minnesota Workers' Compensation

Everyone knows that some jobs are more dangerous than others and that some workers are more likely to get hurt on the job than others. But the risk of being murdered on the job is not something anyone should have to think about. 

I was shocked and saddened to read that an 18-year-old woman was murdered in Montevideo, Minnesota on Friday night. I’m originally from Southwest Minnesota near Monte and I have family in Montevideo.

This young woman, who leaves behind an 18-month old son and a fiancée, as well as her parents, was stabbed to death by a 24-year-old co-worker as she left Pizza Ranch after finishing her shift. The initial news reports suggest that the suspect, who had worked with the victim for a year, had become infatuated with the young victim, but the feelings weren’t mutual. Apparently, the suspect was somewhat of a social outcast and the kind-hearted victim had been friendly to him. As a result he started offering to do her chores at work and began giving her cigarettes. It is unclear whether or not the suspect had also been working a shift at Pizza Ranch that night prior to the murder. It is expected that he will be charged with first degree murder.

I extend my deepest sympathies to the family of the young victim.

Dependents of workers who are killed in the course and scope of their employment in Minnesota are eligible for death and dependency benefits, including burial expense benefits of up to $15,000.00, and dependency compensation. Dependents can include: 1) spouses, 2) children under the age of 18, 3) children under the age of 25 who are full-time students, and 4) children over the age of 18 who are deemed to be physically or mentally incapacitated from earning. Other family members, including the deceased workers’ mother, father, grandmother, grandfather, sister, brother, mother-in-law, or father-in-law, may be entitled to workers’ compensation benefits if the family member was wholly or partially supported by the deceased worker.

Thankfully, murder is not an issue that comes up too often in workers’ compensation in Minnesota. That being said, depending on the circumstances, even when a worker is murdered on the job in Minnesota, it may or may not be covered by workers’ compensation.

Minnesota workers’ compensation law sets forth that

"Personal injury does not include an injury caused by the act of a third person or fellow employee intended to injure the employee because of personal reasons and not directed against the employee as an employee, or because of the employment." Minn. Stat. §176.011, Subd. 16. 

In plain language what this means is that an employee must show that the injury (or death) caused by a third-party or co-worker was unintentional, or if it was intentional, motivated by the fact that the employee was an employee.

Over the years, the court developed a test, as set forth in Hanson v. Robitshek Schneider Co., 11 W.C.D. 463, 297 N.W. 19 (1941), which divides cases involving intentional acts, including murder, into three categories:

• Where the assailant is motivated by personal animosity towards his victim arising from circumstances wholly unconnected to the employment, the employee’s injuries are not compensable under Minnesota workers’ compensation. 
• Where the assailant was provoked or motivated solely out of the activity of the victim as an employee, the employee’s injuries are covered under Minnesota workers’ compensation. 
• Where the assault was directed at the victim neither solely due to the employment, nor solely due to personal reasons, these cases are usually compensable. 

In the young woman’s case above, because there are indications that the suspect was obsessed with the victim, it is not 100% clear which category this case would fit into. While it might be possible to argue that there are potential defenses to this claim, I would sincerely hope that the workers’ compensation insurance company does the right thing. 

How Do I Know If My Employer Has Minnesota Workers’ Compensation Insurance?

If you are hurt on the job in Minnesota, in most cases, a workers' compensation insurance company pays your workers' compensation benefits. 

How Do I Know If My Employer Has Minnesota Workers’ Compensation Insurance? 

Employers in Minnesota are required by law to carry Minnesota workers’ compensation insurance to provide benefits to their employees in the event they are injured on the law. If you are injured on the job, your employer is required to complete and file a First Report of Injury. They are required to send this form to their insurance company. They should also provide you with the name and contact information for their insurance company. If your employer refuses to file a First Report of Injury, you can report the injury on your own, or a Minnesota workers’ compensation lawyer can help you file a First Report of Injury.

All Minnesota employers are also legally required to have a poster entitled “Minnesota Workers’ Compensation Employees Rights and Responsibilities,” posted in a conspicuous space. This poster includes a space for the name and phone number of their workers’ compensation insurance company. If your employer does not have a copy of this poster posted in a conspicuous space, you can download and print off a copy from the Minnesota Department of Labor and Industry.

If your employer won’t give you their workers’ compensation insurance information, you can verify if your employer has worker’s compensation insurance and find out the name and contact information for the insurance company using the Department of Labor and Industry’s insurance look-up tool. If you can’t find your employer’s insurance company using the search tool, you can contact the Department of Labor and Industry’s Claims Services and Investigations unit to request insurance coverage verification about any employer in the state at (651) 284-5170.

What If My Employer Doesn’t Have Minnesota Workers’ Compensation Insurance? 

If you suffer an injury on the job, and your employer has no insurance and is not self-insured, in Minnesota you may request that the Minnesota Special Compensation Fund pay you the appropriate benefits. The Special Compensation Fund will conduct an investigation into whether the employer had insurance coverage, and they will make a determination whether or not to cover your claim. If they determine that you have a compensable injury, you will be eligible for the same workers’ compensation benefits that you’d normally be entitled to, if your employer had insurance.

Often times in cases involving the Special Compensation Fund, there are disputes as to insurance coverage, whether the injured worker was an employee or independent contractor, and disputes as to the nature and extent of the injury. Disputes with the Special Compensation Fund regarding entitlement to workers’ compensation benefits are handled using the same procedures as disputes with workers’ compensation insurance companies.

If the Special Compensation Fund pays workers’ compensation benefits to an injured worker because the employer failed to carry workers’ compensation insurance, the Fund will usually pursue a claim against the uninsured employer for reimbursement of all workers’ compensation benefits paid, as well as a 65% penalty.

In addition, an uninsured employer may also be fined by the Department of Labor and Industry for failing to insure its employees, regardless of whether an injury has occurred. If you suspect your employer or another business is operating without workers’ compensation insurance in violation of Minnesota law, you can report the violation here or by calling (651) 284-5109, and your report will be investigated by the Claims Services and Investigations' Investigative Services Section of the Minnesota Department of Labor and Industry.

Unfortunately, there are many employers in Minnesota who do not carry legally required workers’ compensation insurance. If you’re hurt on the job while working for an uninsured employer, or if your employer won’t provide you with their workers’ compensation insurance information, a Minnesota workers’ compensation lawyer can help you protect your rights. For a free, no-obligation consultation to learn more about your workers’ compensation rights, call Meuser & Associate at 877-746-5680 or click here to send us an email. 

Chemical Exposure Injuries and Minnesota Work Comp

There are thousands of different types of toxic chemicals that can cause hundreds of different types of chemical injuries. Direct skin contact with certain types of chemicals can cause chemical burns. Eye contact with certain types of chemical can cause serious eye injuries. Inhalation of certain types of chemicals can cause respiratory diseases or injuries. Exposure to some types of carcinogenic chemicals can cause cancer. Exposure to chemicals can be over a long period of time, and the onset of symptoms can be very gradual and slow in developing. Workers in almost every industry are exposed to at least some type of toxic chemical every day.

Substances containing zinc, lead, mercury and arsenic are toxic to a person’s organs. Exposure to zinc, lead, mercury and arsenic can cause nausea, vomiting, headaches, confusion, shortness of breath, and abnormal heart rhythm. Significant exposure to these substances can cause coma, seizures, or even death. Skin or eye contact to these chemicals can cause burns.

Acids, such as hydrochloric acid and nitric acid, and alkalines, such as sodium ammonium hydroxide, can cause severe chemical burns if they come into contact with the skins. Ingestion of these chemicals can cause internal burns to the digestive system, and eye exposure can lead to vision impairment or blindness. Respiratory exposure can also result in respiratory injury.

Hydrocarbons, contained in things like gasoline, kerosene, paint thinners, and furniture polish can cause respiratory injury if inhaled, and skin contact can result in chemical burns. Even in small amounts, chemical spills and leaks can be hazardous to workers.

Employees who spot chemical spills in the workplace should notify the appropriate person of 1) the substance involved in the spill, if known, 2) the size of the spill, 3) the approximate rate of flow, and 4) any known exposures.

Unfortunately, chemical injuries can develop or a long period of time after long-term exposure, the symptoms associated with certain types of chemical injuries can mimic other types of conditions, and chemical injuries can sometimes be difficult to diagnose. If you suffer a chemical injury as a result of exposure to chemicals in your workplace, you may be entitled to Minnesota workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and vocational rehabilitation benefits.

Unfortunately, chemical exposure injury claims can be very contentious, and workers’ compensation insurers very frequently dispute these types of claims. A Minnesota workers’ compensation attorney can help you navigate the Minnesota workers’ compensation maze and make sure that your interests are protected.

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

Post-Concussion Syndrome and Minnesota Workers’ Compensation

In Minnesota, if you suffer from post-concussion syndrome, including headaches, dizziness, or anxiety after a work-related head injury, you may be entitled to workers’ compensation benefits to help you deal with the effects of the symptoms you are experiencing. 

 Post-Concussion Syndrome Overview 

Post-concussion syndrome is a disorder characterized by post-concussion symptoms, such as headaches or dizziness, last for weeks or months after a head injury that caused a concussion.

A concussion is a mild traumatic brain injury which usually occurs as a result of a blow to the head. The risk of post-concussive syndrome is not necessarily associated with the severity of the initial injury.

In most people, symptoms of post-concussive syndrome occur within the first week to ten days after the injury, and they typically resolve within three months, although they can persist for a year or more. Post-concussion syndrome treatments are aimed at treating the symptoms associated with the syndrome.

Symptoms of Post-Concussion Syndrome 

Symptoms of post-concussion syndrome can include:

• Headaches 
• Dizziness 
• Fatigue 
• Irritability 
• Anxiety 
• Insomnia 
• Loss of concentration and memory 
• Noise and light sensitivity 

Post-Concussion Syndrome Treatment 

Treating post-concussive syndrome involves treating the symptoms associated with the condition. For headaches, your doctor may prescribe medications. For memory or thinking difficulties, cognitive therapy may be helpful. For depression and anxiety, you may be referred for psychotherapy or prescribed medications.

Post-Concussion Syndrome and Minnesota Workers’ Compensation 

If you’re suffering from post-concussive syndrome as a result of a work-related concussion, you may be entitled to Minnesota workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits and/or rehabilitation benefits.

Post-concussive syndrome involves persistent symptoms, including headaches, dizziness, fatigue, and anxiety. These symptoms are subjective, meaning they are not easy to objectively measure. You can’t see a headache, dizziness, or anxiety, on an x-ray or an MRI. That doesn’t mean those symptoms are not real, but it does mean that your diagnosis is based on your subjective complaints of symptoms. Because these symptoms are subjective, workers’ compensation insurance companies often dispute claims involving post-concussive syndrome, particularly if the symptoms last for an extended period of time. Often, a workers’ compensation insurer may send you to an independent medical examination to assess the nature and extent of your injuries. Almost invariably, that IME doctor will say that you have no objective symptoms, and therefore, there’s nothing wrong with you. Based on that opinion, the workers' compensation insurer will then deny your claim for Minnesota workers' compensation benefits.

Post-concussion syndrome is real, and it can be significantly disabling. If your workers’ compensation insurance company denies or disputes your claim for benefits, you have the right to dispute that denial! 

We represented a woman a couple years ago who was a pedestrian who was struck by a car. While this involved a personal injury claim, and disputes with her no-fault insurer, and the uninsured motorist claim over her entitlement to benefits, I think it’s informative as to how far insurance companies will sometimes go to deny a legitimate claim. She was walking down the sidewalk when a car came flying from a nearby parking lot and hit her, throwing her several feet in the air, and she landed, face-first on the ground. She was knocked unconscious and was transported by ambulance to the Emergency Room where she was treated for a concussion. It turned out that the driver who hit her was not only intoxicated, but he was in the process of stealing the car when he ran her down. Almost immediately, she began experiencing significant headaches and severe dizziness as well as fatigue.

Within about six weeks after the accident, her own insurance company sent her to an “independent” medical examination and promptly cut off her No-Fault benefits. The so-called doctor who examined her went to great lengths to downplay the seriousness of the accident. In his report, he described the accident as if she had been simply “bumped” by a slow-moving vehicle, and fell down as a result. He also failed to mention the fact that she lost consciousness, that she had severe scrapes on her face from hitting the pavement, that she was transported by ambulance to the Emergency Room, or that she was diagnosed with a concussion. He suggested instead, that she had sustained a minor neck sprain that should have fully resolved within a couple weeks.

Thankfully, a No-Fault arbitrator saw how ridiculous this opinion was, and awarded her the full amount of her claim for No-Fault benefits. We also secured a significant settlement for her of her uninsured motorist claim.

We’ve represented several Minnesota workers who have suffered traumatic brain injuries, including post-concussion syndrome following a work-related concussion:

• A security guard who was hit in the head with a two-by-four by a burglar. 
• A special education teacher who was hit in the face by a student with a behavior disorder. 
• A truck driver who stuck his head on the ground after a load he was delivering fell out of the back of the truck and hit him, causing him to fall to the ground. 
• A truck driver who was jostled around in the cab of the truck when a student driver he was training ran the truck off the road. 
• A stage hand who was hit in the face by a piece of stage equipment that came loose and swung around, striking her. 
• A police officer who was shot in the head with a rubber bullet during training. 
• A mechanic who was working underneath a raised vehicle, when he stood up suddenly, striking his head on the undercarriage of the truck. 
• A young construction worker who was hit in the head by a floor truss that fell off a forklift working above him. 

A knowledgeable Minnesota workers’ compensation attorney can help protect your workers’ compensation rights and make sure you get the benefits you’re entitled to. Don’t trust the workers’ compensation insurance company to look out for your best interests! For a free, no-obligation workers’ compensation case consultation call Meuser & Associate at 877-746-5680 or click here to send us an email. 

Work-Related Shoulder Injuries

Meuser & Associate handles all types of Minnesota workers’ compensation cases involving shoulder injuries. Shoulder injuries are a very common type of workers' compensation injury.

Some common work-related shoulder injuries include:

• Arthritis of the shoulder 
• Bursitis 
• Tendonitis 
• Shoulder dislocation 
• Shoulder blade fracture 
• Frozen shoulder 
• Rotator cuff tears 
• Shoulder separation 
• Shoulder impingement 
• Shoulder joint replacement 
• Shoulder pain 
• Labral tears 
• Thoracic outlet syndrome 
• Shoulder sprains and strains 

In 2006, approximately 7.5 million people went to the doctor’s office for shoulder problems. Shoulder injuries can be caused by acute trauma, such as a fall or blunt force injuries. They can also be caused by excessive repetitive overhead motions.

If you’re experiencing shoulder stiffness, having difficulty with rotation or range of motion, feel as though your shoulder may slide or pop out of socket, have shoulder pain, or have a feeling of weakness, you should consider seeing a doctor.

If you’re suffering from a shoulder injury and your work activities were a substantial contributing factor to the development of that injury, or substantially contributed an aggravation of a pre-existing shoulder problem, you may be eligible for workers’ compensation benefits.

Shoulder injuries can be debilitating. You may require significant medical care. You may have to take time off work. You may not be able to perform your job duties anymore if you have permanent injury. You may need assistance in finding a new career. In Minnesota, if your shoulder injury is work-related, you may be eligible for medical expenses benefits, wage loss benefits, permanent partial disability benefits and/or vocational rehabilitation benefits.

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

Recent Minnesota Personal Injury Case Successes

Meuser & Associate secures millions in dollars in benefits for our workers' compensation and car accident clients each year. Each case is different, and you should consult with an attorney for a fair evaluation of your claim.

Here's a couple our of recent successes:

• Meuser & Associate recently secured a jury verdict in excess of $100,000 for a gentleman that was involved in a car accident with two other cars. He had a prior history of low back pain dating back 20 years, but experienced an increase in pain following the accident. He underwent a variety of treatments, including injections, physical therapy, and chiropractic. He suffered a number of aggravations to his low back injury at work and at home. Ultimately, nearly two years after the car accident, he had to undergo a lumbar decompression surgery. Thankfully, with the exception of a few weeks following surgery, our client was able to return to work with no wage loss. Prior to trial, we secured a settlement with one the insurance company of one of the drivers, but the insurance company for the other driver, who was primarily at fault, offered only $12,500.00. The jury found that driver 100% at fault for the accident, and awarded over $100,000 in damages. 

• We secured a $65,000.00 binding arbitration award for a gentleman who was involved in a rollover car accident while in the course and scope of his job as a firefighter. We had previously secured a significant settlement of his workers’ compensation claim on his behalf. Prior to the car accident, our client had sustained numerous, serious work-related injuries to his neck and back during his career as a firefighter. The car accident aggravated his neck and back conditions, including several herniated discs. He was unable to continue working as a firefighter following the car accident. 

• Meuser & Associate recovered a $28,000.00 settlement for a young man who was involved in a car accident. He had underlying juvenile discogenic disease, which caused premature degenerative changes throughout the spine. It was difficult to differentiate which problems in his spine were caused by the car accident and which problems were pre-existing. His doctor concluded that the car accident substantially aggravated his underlying condition. 

If you sustain injuries in a car accident due to someone else’s fault, you may be entitled to compensation for your damages, including medical expenses, wage loss, and pain and suffering.

The verdict or settlement of your own case will depend upon its particular facts. Past results do not guarantee future results. Every case is different and must be judged on its own merits. The cases reported in the website are not meant to cause any unjustified expectations regarding the merits of your own claim.

For a free, no-obligation Minnesota car accident case evaluation, contact Meuser & Associate at 877-746-5680, or click here to send us an email to schedule an appointment with one of our attorneys. 

Increased Fatal Work Injuries in Minnesota in 2010

According to the Minnesota Department of Labor and Industry, in 2010, there were 69 fatal work injuries in Minnesota, compared with 60 fatal work injuries in 2009, and 71 fatal work injuries in 2008. The average number of work-related fatalities between 2005 and 2009 was 73 cases per year. 

The industries with the highest number of fatalities were agriculture, forestry, fishing, and hunting, with 29 work-related deaths, which were most commonly caused by either contact with objects and equipment or transportation incidents. There were nine workers killed in the construction industry in 2010, which was the second highest fatality rate. Retail trade had the third-highest number of fatalities in 2010, with seven cases.

Transportation incidents accounted for 25 fatalities, and it was the most frequent fatal work-related event. Contacts with objects and equipment accounted for 17 fatalities, and the most common types of injury included being struck by a falling object or getting caught in or crushed in collapsing materials. There were 13 workplace fatalities in Minnesota due to assaults and violent acts in 2010, and there were 10 fatalities resulting from falls.

Men accounted for 63 of the 69 worker fatalities in Minnesota in 2010. Workers over the age of 55 accounted for 24 work-related fatalities in 2010. Self-employed workers accounted for 23 fatalities in 2010.

Dependents of deceased workers who died as the result of a work-related injury or illness may be entitled to workers’ compensation benefits. Generally, dependents include 1) spouses, 2) children under the age of 18, 3) children under the age of 25 who are full-time students, and 4) children over the age of 18 who are deemed to be physically or mentally incapacitated from earning. Other family members, including the deceased worker’s mother, father, grandmother, grandfather, sister, brother, mother-in-law, or father-in-law, may be entitled to workers’ compensation benefits if the family member was wholly or partially supported by the deceased worker.

Dependents of workers who die as the result of a work-related illness injury may be entitled to burial expense benefits of up to $15,000.00.

Dependents may also be entitled to dependency compensation based on the deceased workers’ average weekly wage at the time of the injury which resulted in the employee’s death.

In addition to dependency benefits, a deceased workers’ survivors may also be entitled to any workers’ compensation benefits that would have been available to the injured worker, such as wage loss benefits, including temporary total disability (TTD) benefits, temporary partial disability (TPD) benefits, or permanent total disability (PTD) benefits, or permanent partial disability (PPD) benefits.

If your loved one died as the result of a work-related injury or illness, you should strongly consider contacting a workers’ compensation attorney to make sure you and your family receive the workers’ compensation death and dependency benefits you are entitled to.

The law in this area of Minnesota workers’ compensation has changed frequently over the years, and it is very complex. You’d be well advised to have an experienced workers’ compensation lawyer on your side to make sure you get all the benefits you are entitled to. To schedule a free, no-obligation consultation, call Meuser & Associate at 877-746-5680, or click here to send us an email.

Causes of Herniated Discs

Disc herniations in the neck and back are some of the most common work-related injuries we see in our Minnesota workers' compensation practice.

A disc herniation is when the intervertebral disc, or the cushion in between the vertebrae in your spine, pushes or bulges out, or even ruptures. A bulging or ruptured disc can cause significant pain, or even spinal cord or nerve compression. Herniated discs in the neck and back are usually caused by 1) wear and tear, 2) injury, or 3) a combination of wear and tear and injury.

Herniated Discs Caused by Wear and Tear on the Spine 

A herniated disc is often the result of daily wear and tear on the spine. This is also known as disc degeneration. The spine carries and helps distribute our weight, and the intervertebral discs act as shock absorbers for movements such as walking, twisting, and bending. Discs can wear out over the course of time. The tough outer layer of the disc, or the annulus fibrous, can start to weaken over time, allowing the jelly-like inner layer of the disc, known as the nucleus pulposus, to push through, creating a bulging or herniated disc.

Herniated Discs From Injury 

Injury to the spine can also cause a herniated disc. For example, a car accident or fall at work can cause a herniated disc when the sudden jerking motion or force puts too much pressure on the disc, causing it to herniate. You can also herniate a disc by lifting a heavy object incorrectly, or by extreme twisting.

Herniated Discs From a Combination of Wear and Tear and Injury 

An intervertebral disc that has been weakened by wear and tear, or degeneration, can make it more susceptible to herniation, should you experience a traumatic event. If a disc is already weakened by degeneration, even minor traumas, such as bending awkwardly, or even sneezing, can cause a disc to herniate.

Different doctors sometimes use the term “disc herniation” to mean slightly different things, but they are often categorized as four types:

1. Disc degeneration. During the first stage of a herniation, the nucleus pulposus weakens due to changes in the disc associated with wear and tear. 
2. Prolapse.  During the second stage, the form or position of the disc changes. A slight bulge or protrusion may begin to form, which may impinge the spinal cord or nerve roots. 
3. Extrusion. During the third stage, the nucleus pulposus breaks through the annulus fibrosis, but still remains within the disc. 
4. Sequestration. During the final stage, the nucleus pulposus may break through the annulus fibrosus and move outside the disc into the spinal canal. 

In Minnesota, if you’ve sustained a herniated disc as a result of your work activities, you may be entitled to workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and rehabilitation benefits.

Whether you have a herniated disc that was caused by an injury, one that was caused by wear and tear, or one that was caused by a combination of both, your injury may be covered by workers’ compensation so long as your work activities were a substantial contributing factor in the development of your disc herniation.

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

Minnesota Workplace Injury Rate Near an All-time Low in 2010

In 2010, Minnesota had the second lowest workplace injury and illness rate on record.

The 2010 Survey of Occupational Injuries and Illnesses indicated that Minnesota had an estimated 3.9 nonfatal workplace injuries and illnesses per 100 full-time-equivalent workers in 2010. This is up slightly from the 2009 estimate of 3.8 injuries and illnesses per 100 full-time-equivalent workers, but substantially lower than the rate of 5.1 in 2005. It is also the second lowest injury rate since the survey began in 1972.

The survey estimated that there were 76,700 nonfatal workplace illnesses and injuries in 2010, 78,100 illnesses and injuries in 2009, and 104,100 illnesses and injuries in 2005.

Of these injuries and illnesses, 37,200 resulted in days away from work, job transfer or restrictions after the day of injury. This is the equivalent of 1.9 per 100 full-time-equivalent workers. An estimated 1.1 cases per 100 full-time-equivalent workers resulted in one or more days away from work after the day of injury.

The industries with the highest total injury and illness rates were: transportation and warehousing (5.8 cases per 100 full-time-equivalent workers), health care and social assistance (5.6), and construction (5.3).

Nationally, an estimated 3.9 million nonfatal workplace injuries and illnesses were reported in private-and public-sector workplaces for 2010, resulting in a rate of 3.8 cases per 100 full-time-equivalent workers.

According to Ken Peterson, Minnesota Department of Labor and Industry commissioner, the results “are a positive sign that more worksites continue to make employee safety and health an integral part of their day-to-day operations.”

While I’d like to believe the reduction in the rate of reported workplace illnesses and injuries in Minnesota is due primarily to improvements in workplace safety, unfortunately, I think there are other factors at play. Due to relatively high unemployment, fewer people are working, particularly in some of those “high-risk” industries, such as construction. I also think many injured people are not reporting their injury. With fewer and fewer job options, many injured workers are afraid to report their injuries for fear of losing their jobs. One of the most common questions I hear when I speak with an injured worker the first time is: “Will I get fired if I report my injury?”

If you were hurt on the job in Minnesota, you may be eligible for workers’ compensation benefits, including medical expense benefits, wage loss benefits, vocational rehabilitation benefits, and/or permanent partial disability benefits.

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

Degenerative Disc Disease and MN Workers’ Comp: Exercise and Physical Therapy for Pain Management

Degenerative disc disease is one of the most common causes of low back and neck pain, and it can significantly impact your ability to do your normal day to day activities, and your ability to work.

Degenerative disc disease refers to changes to the spinal discs from chronic wear and tear or injury. There are a variety of treatment options for degenerative disc disease, including exercise and physical therapy. For individuals suffering from degenerative disc disease, a regular routine of back or neck exercises can prevent neck or back pain and/or reduce the frequency, severity, and duration of flare-ups. Stretching exercises can improve range of motion, which in turn, can reduce neck or back pain. Strengthening exercises can help stabilize the spinal segments, and stronger muscles can help compensate for degenerated discs. Before beginning an exercise or therapy program, consult with your spinal specialist.

In the context of workers’ compensation, in many cases, degenerative disc disease is a condition that is covered for work comp benefits. The condition itself may be caused by an employee’s work activities, or an employee’s work activities may have substantially contributed to the condition.
Alternatively, an employee may suffer an aggravation of underlying degenerative disc disease, which is covered by workers’ compensation.

While the term “degenerative disc disease” refers to a medical condition, for workers’ compensation insurance adjusters, the term is also a legal defense to a claim for benefits. In plain language, what that means is that if you are injured at work, and you are diagnosed with degenerative disc disease, or there’s even a reference to degenerative disc disease in your medical records, be prepared for the work comp. adjuster to deny your claim on the basis that your condition is pre-existing.

Just because the workers’ compensation insurance company says your condition is pre-existing, doesn’t mean they’re right! 

In many cases, an individual’s work activities caused, or substantially contributed to, wear and tear on the spine over time, resulting in degenerative disc disease. That is a condition that IS covered by workers’ compensation, and is often referred to as a repetitive motion injury, or a Gillette-type injury.

In other cases, an individual’s work activities or an injury substantially aggravated or accelerated pre-existing degenerative disc disease. Again, in that instance, the injury IS covered by workers’ compensation.

If you are suffering from degenerative disc disease as a result of your work activities, you can expect that the workers’ compensation carrier will dispute your claim. It is important to speak with a Minnesota workers’ compensation lawyer to protect your rights. For a free, no-obligation consultation, contact Meuser & Associate at 877-746-5680 or click here to send us an email.