Warmer Weather in MN Means More Bike Accidents

Nicer weather in Minnesota means more people will be out on bikes for recreation or for commuting in the coming weeks and months. Drivers need to be more watchful for bicyclists, and bicyclists need to watch for inattentive drivers. Unfortunately, crashes between bikes and automobiles will happen. Bikers who are injured through the negligence or carelessness of automobile drivers may be entitled to compensation.

According to the National Highway Traffic Safety Administration, in 2007:

• 698 cyclists who were involved in US traffic crashes that year died
• 44,000 cyclists were injured
• 72% of cyclist injuries occurred in urban areas
• 64% occurred at non-intersection locations
• 26% occurred between the hours of 5 p.m. and 9 p.m.
• 22% of cyclist injuries occurred in June and September
• 4 people were killed in bike crashes in Minnesota in 2007
  

Unfortunately, crashes between bikes and cars, trucks, or motorcycles often result in serious or even catastrophic injuries, including lower extremity injuries, head injuries, back and neck injuries, traumatic brain injuries, or spinal injuries.

A bicyclist injured as the result of the negligence or carelessness of an automobile driver may be entitled to compensation for medical expenses, wage loss, pain and suffering, and loss of enjoyment of life. Meuser & Associates has successfully represented several bicyclists injured by at-fault drivers. Call us at 877-746-5680 or click here to send us an email to schedule a free consultation with one of our personal injury lawyers.

Visit our website at MeuserLaw.com!

Study Finds More Than a Quarter of Workers Hurt on the Job

According to a study done by the U.S. Bureau of Labor Statistics, in 2006, there were over 4 million non-fatal workplace illnesses or injuries. Findlaw.com conducted a study in mid-2008 of 1,000 workers to find out how workplace injuries are affecting American workers. The study found that 28 percent of American adults reported that they had been injured on the job at some point in time. Among men surveyed, more than one-third (36%) reported a work-related injury.

Of those respondents who reported that they were inured on the job, 43 percent said they missed more than a week of work as a result of the injury. Thirty-one percent said they were off work for more than a month.

Of those injured on the job, 43 percent said they missed more than one week of work as a result of their injury. And 31 percent said they were off the job for more than a month.

According to the survey, of those who reported a work injury, only 53 percent filed a workers’ compensation claim as a result of their injuries.

One has to wonder why only about half of injured workers made workers’ compensation claims for their injuries. One suspects that many people avoid the workers’ compensation system because it can be extremely complex, or for fear that reporting a claim will jeopardize their jobs. An experienced workers’ compensation lawyer can help an injured worker navigate the Minnesota workers’ compensation system.

If you are injured on the job, here are some things you should do:

• Report your injury to a supervisor and ask him or her to fill out a First Report of Injury.
• Seek medical attention as soon as possible. Your employer may ask you to see one of their doctors for an initial examination, but you have the right to see your own doctor if you wish.
• Tell your doctor you were hurt at work, explain your symptoms, and ask him or her to provide you with work restrictions, if appropriate. Provide those work restrictions to your employer. Follow your doctor's recommendations for treatment.
• Contact a lawyer.
  

To schedule a free consultation with Meuser & Associates, experienced Minnesota workers’ compensation lawyers, call us at 877-746-5680 or click here to send us an email.

Visit our website at MeuserLaw.com!

Temporary Total and Temporary Partial Disability Benefits and the Waiting Period Under MN Workers’ Comp. Law

If you are injured on the job in Minnesota and you miss time from work, in order to be eligible for wage loss benefits, including temporary total disability benefits or temporary partial disability benefits, your inability to work must extend beyond the three day “waiting period.”

While it sounds simple enough, calculating the waiting period of three days can actually be fairly complex. Here’s a guide to computing the waiting period:

• The waiting period is counted in consecutive calendar-days, not workdays.
• The first day of any disability is the first day to start counting the waiting period.
• Any disability or time missed from work, including missing just part of the day, even if your employer paid you for a full day’s work, is considered the first day of disability.
• If you miss time from work to get medical treatment, that day is considered a day of disability for purposes of calculating the waiting period.
• If you miss time from work beyond the three day waiting period, compensation is owed for dates of disability after the three-day waiting period.
  
• If you miss time from work on the 10th calendar day or beyond, counted from the first date of missed time due to injury, compensation is owed from the first date of disability, including for time missed during the waiting period.
• If the only disability beyond the waiting period is for days you are not normally scheduled to work (such as holidays or weekends), there is generally no compensation owed for those days of disability.
  

If your disability extends beyond the waiting period, you may be entitled to wage loss benefits, including temporary total disability or temporary partial disability benefits. If you have no disability on or beyond the tenth day after your initial date of disability, generally, you are not entitled to compensation for any lost time during the initial waiting period. If you have a period of disability on the tenth calendar day after the first day you lost work time due to your injury, the insurer is responsible for compensation for time lost during the waiting period.

Waiting period calculation errors are one of the most common errors we see by workers’ compensation insurance adjusters. We also frequently see them failing to pay for time missed during the waiting period if the disability extends beyond the tenth day. Unfortunately, errors like this are extremely common.

If you believe there may be an error in the calculation of your wage loss benefits, call us to schedule a free, no-obligation case evaluation. We can be reached at 877-746-5680 or click here to send us an email.

Visit us at MeuserLaw.com!

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

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

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

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

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

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

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

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

Visit our website at MeuserLaw.com!

Final WCAC Workers’ Compensation Proposed Amendments

On March 2, the Workers’ Compensation Advisory Council (WCAC) had its final meeting. The full report is available here. At the meeting, the WCAC voted unanimously for several proposed amendments. These proposed amendments will be reviewed and voted on by the Minnesota legislature. Some of the proposed changes include:

• Rehabilitation Services. The employer will not be required to pay for more than six months of job placement services per rehabilitation plan, or for the cost of more than 20 hours of job placement services per month, unless pre-approved by the employer and/or insurer.
• Independent Medical Exams. IME’s shall not be conducted in a hotel or motel. (This one seems to be a no-brainer…)
• Penalties. An employer and/or insurer may not offset an overpayment against medical expenses or a penalty awarded to the employee.
• Hearings. Hearings must be held within 2 years after initiation of the claim unless the chief judge orders otherwise.
  

These proposed changes, by and large, are reasonable, and comparatively moderate. Several of the other original proposed changes were radical or just plain bad. Some of the original proposals included:

• Penalty for improper medical bill collection activities by medical providers who are aware that there is a dispute over workers’ compensation benefits. (I actually think this proposal would be a good idea).
• Elimination of total temporary wage loss benefits for undocumented workers. I wrote about this horrible proposal earlier, here.
• Presumption of intoxication, and that intoxication is the proximate cause of the injury, if the employee’s blood alcohol concentration within two hours of the time of the injury is 0.08 or more.
• Mandatory mediation through the workers’ compensation system.
• Occupational Injury Leave Act.
• Workers’ Compensation Collaborative including an Ombudsman.
  

To contact Meuser & Associates, call us at 877-746-5680 or click here to send us an email.

Visit our website at MeuserLaw.com!

Getting Medical Treatment When Your Workers' Compensation Claim Has Been Denied

One of the major problems with the Minnesota workers’ compensation system is how long it can take to resolve disputes over primary liability. When an insurer denies primary liability for a work-related injury, they will not pay any wage loss benefits, permanency benefits, rehabilitation benefits, and most problematic, medical expenses.

When a workers’ compensation insurer denies primary liability, meaning they do not believe they are responsible for paying for the injury, generally, a Claim Petition must be filed. It can take several months, or longer in some cases, for an employee’s Claim Petition to move through the workers’ compensation system. During that time period, the insurance company is not paying benefits. Workers’ compensation insurers deny primary liability for a variety of reasons, including, but definitely not limited to:

• The injury was not caused by the employee’s work activities
• The injury did not arise out the course and scope of an employee’s work activities
• The injury was caused by something other than work
• The employee had pre-existing injuries that are causing the current problem
• The employee did not sustain any injury at all
• The claimant was not an employee at the time of the injury
  

While there are certain rules an insurance company must follow when denying primary liability, in reality, they can deny a claim because it’s Tuesday, and they deny all claims on Tuesdays.

While a claim is pending, one of the major issues we see is the fact that it is difficult, if not impossible, for an employee with no health insurance to receive medical treatment if his or her claim is denied. If the workers’ compensation insurer is denying primary liability, an employee may submit the medical expenses through private insurance, MinnCare, or medical assistance. If bills related to a work-injury are submitted through private insurance, that insurance company has what’s known as a subrogation interest in the pending workers’ compensation claim. What this means is that the health insurance company has a right to seek reimbursement for the charges it covered from the workers’ compensation insurance company.

If that injured worker does not have private insurance or medical assistance, finding a health care provider that will provide services without some form of insurance can be extremely difficult. There are some health care providers who will agree to treat an injured worker without insurance until the claim is resolved. Your workers’ compensation lawyer can give you some ideas as to how to get the treatment you need while your claim is pending.

If you’ve been injured on the job and the workers’ compensation insurance company is denying primary liability, and you’re having trouble getting the medical treatment you need, call us at 877-746-5680 or click here to send us an email to schedule a free consultation.

Visit our website at MeuserLaw.com!

Carpal Tunnel Syndrome and Minnesota Workers' Compensation

Carpal tunnel syndrome is one of the most common work-related injuries we see in our practice.

Carpal tunnel syndrome occurs when the median nerve, which runs from the forearm into the hand, becomes compressed or squeezed at the wrist. The median nerve controls sensations to the palm side of the thumb and fingers. The carpal “tunnel” is a narrow, rigid passageway of ligaments and bones at the wrist, and it houses the median nerve and tendons. Thickening of the tendons due to irritation or other swelling can cause the tunnel to narrow and cause compression on the median nerve. Compression of the median nerve can cause pain, weakness, and numbness into the hand and wrist, which can radiate up into the arm.

Symptoms of carpal tunnel syndrome can include:

• A burning sensation in the palm and fingers.
• Tingling or numbness in the palm and fingers.
• An itching sensation in the palm and fingers.
• A sensation of swelling, with or without actual visible swelling.
• Waking at night due to pain, burning, or numbness in the hands.
• Decreased grip strength.
• Difficulty grasping small objects.
• Loss of the ability to feel hot or cold.
• Sensation that the hands are “falling asleep.”
  

Usually, work-related carpal tunnel syndrome is the result of long-term repetitive motions. Carpal tunnel syndrome is commonly referred to as a repetitive motion injury or a Gillette-type injury under Minnesota workers’ compensation law.

Contrary to popular belief, carpal tunnel syndrome is not an injury that occurs only to office workers, nor is it an injury that only women experience. We frequently see injured workers, both men and women, with carpal tunnel syndrome as the result of repetitive motions in the following lines of employment:

• Assemblers
• Manufacturers
• Heavy Equipment Operators
• Press Operators
• Machine Operators
• Factory Workers
• Dental Hygienists
• Hairstylists
• Secretaries
• Administrative Assistants
• Data Entry Personnel
• Food Processors
• Packaging Workers
• Finishers
  

In order to diagnose carpal tunnel syndrome, frequently a doctor will examine the affected wrist for tenderness, swelling, warmth, and discoloration. The fingers will also be tested for sensation, and muscles at the base of the hand will be tested for strength and signs of atrophy. The doctor may order laboratory tests and X-rays to rule out other conditions. If carpal tunnel syndrome is suspected, a doctor may order a nerve conduction study to diagnose damage to the median nerve. Ultrasound imaging may also be used to confirm a diagnosis of carpal tunnel syndrome.

Conservative treatment for carpal tunnel syndrome often involves avoiding repetitive motions, icing, splints or braces, anti-inflammatory medication, pain medication, corticosteriodal medications or injections, and/or physical therapy and exercise.

If conservative treatments are not effective at relieving symptoms, surgical treatment may be indicated. Carpal tunnel release is one of the most common surgical procedures in the United States. Surgery involves severing the band of tissue around the wrist to reduce pressure on the median nerve. It can be an open release surgery or an endoscopic surgery. It is often an outpatient procedure, performed under local anesthesia. Following surgery, patients usually require physical therapy to restore wrist strength, and they may need to adjust their job duties or even change jobs to avoid recurrence of the injury.

Carpal tunnel syndrome is a serious injury, and it can cause an employee to lose a lot of time from work. If the employee’s job duties require repetitive motions, and the employer cannot (or will not) accommodate an employee’s need to avoid repetitive motions, that employee may also lose his or her job. Work-related carpal tunnel syndrome is covered by Minnesota workers’ compensation. If you suffer from work-related carpal tunnel syndrome, you may be entitled to medical benefits, wage loss benefits, permanency benefits, and rehabilitation benefits.

In addition to work-related repetitive motions, it is also thought that carpal tunnel syndrome may be a genetic condition, or that it is related to diabetes, arthritis, and obesity. Workers’ compensation insurance companies frequently argue that an employee’s carpal tunnel syndrome was caused by something other than his or her work activities. Moreover, it is often very difficult for an employee to go back to work in his or her original position if the job duties include repetitive motions. Some employers cannot or will not accommodate an employee’s need to avoid repetitive work, and suddenly that employee finds his or herself looking for a new line of work. If you suffer from work-related carpal tunnel syndrome, it is wise to consult with an experienced workers’ compensation lawyer.

In our experience, workers’ compensation insurance companies frequently dispute that the employee’s carpal tunnel syndrome was caused by the employee’s work. To schedule a free, no obligation consultation, call Meuser & Associates at 877-746-5680 or click here to send us an email.

Visit our website at MeuserLaw.com!

MN Firefighters and Police Officers and Work-Related Heart Attacks

Some occupations are more stressful than others, including the occupations of firefighter and police officer. Studies have shown that police officers are more susceptible to high blood pressure, heart disease, and heart attacks. The Minnesota Legislature has recognized the increased risks firefighters and police officers are exposed to in the course and scope of their job duties. As such, the legislature enacted Minn.Stat. 176.011, Subd. 15(b), which provides, in pertinent part:

If immediately preceding the date of disablement or death, an employee was employed on active duty with an organized fire or police department of any municipality, as a member of the Minnesota State Patrol, conservation officer service, state crime bureau, as a forest officer by the Department of Natural Resources, state correctional officer, or sheriff or full-time deputy sheriff of any county, and the disease is that of myocarditis, coronary sclerosis, pneumonia or its sequel, and at the time of employment such employee was given a thorough physical examination by a licensed doctor of medicine, and a written report thereof has been made and filed with such organized fire or police department, with the Minnesota State Patrol, conservation officer service, state crime bureau, Department of Natural Resources, Department of Corrections, or sheriff's department of any county, which examination and report negatived any evidence of myocarditis, coronary sclerosis, pneumonia or its sequel, the disease is presumptively an occupational disease and shall be presumed to have been due to the nature of employment.

What this means is that when an active duty firefighter, police officer, forest officer, correction officer, or sheriff 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.

Occupational diseases are covered under Minnesota Workers’ compensation, and victims of occupational diseases are eligible for medical benefits, wage loss benefits, permanency benefits, and rehabilitation benefits.

This statutory presumption, however, does not mean that the workers’ compensation insurance company will automatically admit liability when a firefighter or police officer has suffered a heart attack or other covered condition. In fact, in our experience, insurance companies tend to ignore the presumption all together. If they do recognize the presumption, the employer and/or insurer may still try to rebut the statutory presumption by arguing that the heart attack, myocarditis, coronary sclerosis, pneumonia, or myocardial infarction was caused by something other than work-related stress. Commonly they point to other factors, such as a history of smoking, poor diet, family history, non-work-related stressors, or obesity. If you’re a Minnesota firefighter, police officer, corrections officer, sheriff, or forest officer, and you've experienced a heart attack or other heart condition because of your work, you should consult an experienced workers’ compensation attorney to make sure you get the workers’ compensation benefits you are entitled to.

In addition to workers’ compensation benefits, including medical benefits, wage loss benefits, permanency benefits, and rehabilitation benefits, if the police officer or firefighter cannot return to his or her former occupation, there may be other benefits available. Additional benefits may include PERA, MFRA, or MSRS duty-disability pension benefits, and healthcare continuation benefits under Minn.Stat. 299A.465.

Meuser & Associates has successfully represented several police officers and firefighters who suffered work-related heart attacks in claims for workers’ compensation benefits, duty-disability benefits, and healthcare continuation benefits. Call us at 877-746-5680 or click here to send us an email to schedule a free consultation.

Visit our website at MeuserLaw.com!

Don’t Ignore Disputes With The Work Comp Insurer Over Your Medical Care

Disputes with the workers’ compensation insurance company over medical care and treatment for a work injury frequently arise even if the insurance company admits liability. This type of medical dispute can arise in a variety of situations. It is important that you don’t ignore these disputes.

In the first type of situation, the insurance company has accepted liability for your injury, and is paying for your benefits. Then, the insurance company attempts to deny any additional treatment, refuses to pay for certain kinds of treatment, or refuses to authorize certain procedures.

In the second type of situation, you negotiated a settlement of your case on what’s known as a “full, final and complete” basis, leaving open reasonable and necessary medical care and treatment. Then, the insurance company refuses to pay for additional treatments, denies certain kinds of treatment, or refuses to authorize certain kinds of procedures.

In the third type of situation, the insurance company has denied primary liability on your case. They are not paying wage loss benefits, and they are not paying for your medical expenses. In this type of situation, you need the assistance of an attorney to establish your entitlement to benefits, including wage loss and medical benefits.

In the first two types of situations, the insurance company has agreed to pay for ongoing medical treatment, subject to certain requirements. They may attempt to deny payment for treatment on the grounds that it is unreasonable and/or unnecessary, that the treatment is not related to your original work injury, or that it exceeds the workers’ compensation treatment parameters.

It is critical that you do not ignore these disputes! Often, when a dispute arises, rather than dealing with it, an injured worker simply submits the bills through major medical insurance, or pays out of pocket for the treatment. Workers also sometimes don’t realize that their medical benefits, in many cases, remain open even after they’ve settled their case.

There are several reasons why you need to deal with these medical disputes with the workers’ compensation insurer. If you submit bills for treatment related to your work injury through your major medical insurance, your personal insurance may deny these bills because the workers’ comp insurance should be paying for it. If you lose your personal medical insurance in the future, and you need medical treatment for your work injury, it is much more difficult to get the workers’ compensation insurer to pay for the bills if you’ve been submitting those bills through your personal insurance. Finally, if you are entitled to workers’ compensation medical benefits, you should take advantage of that benefit.

If there’s a dispute over your medical treatment, it is a good idea to deal with these issues sooner, rather than later. By way of example, our firm recently represented a gentleman who sustained an admitted low back injury which required fusion surgery in 1989. He later settled his claim for monetary benefits. After his surgery, he was symptom free, for the most part. After a few years, however, his symptoms started coming back, and he started seeing a chiropractor to help with his pain. Rather than submitting the bills through the workers’ compensation insurance company, he simply submitted them through his personal medical insurance. Over the next 15 years, he treated at a variety of facilities for his back condition. He is now looking at a fusion surgery at the vertebral level above the original fusion, as a result of a progressively worsening bulging disc. He was recently laid off, and no longer has major medical insurance, and he cannot afford to pay for lumbar fusion surgery out of his own pocket. By the time he retained our office to help him, his major medical insurance had paid over $10,000.00 in expenses for his work injury, he had nearly $10,000.00 in outstanding expenses, and he had treated with at least ten different facilities. Because he waited so long to deal with the medical dispute, this gentleman’s case became substantially more complex and contentious than it ever needed to be.

Waiting a long time to deal with medical disputes can substantially complicate your case. For example, the workers’ compensation insurance company may not even be aware that you have been having ongoing problems. The longer the amount of time between your date of injury, and the time you try to get the workers’ compensation insurance company to pay your bills, the more likely it is that they will argue that your original injury is not the cause of your current need for treatment. Tracking down information to support your claim also becomes substantially more difficult. Most medical providers do not keep records indefinitely, and medical records are necessary to substantiate your claim for benefits. It also becomes difficult to track down medical information if the name or location of the facility has changed, if the doctor you treated with has left, or if you simply can’t remember the names of the places where you treated.

The longer you wait to deal with medical disputes, the more complex your case becomes. While we frequently handle medical disputes where an individual has several years worth of medical expenses that should have been paid for by the workers’ compensation insurance company, we strongly encourage you to contact us as soon as a medical dispute arises. The sooner you contact us, the sooner we can resolve the dispute.

To schedule a free consultation with one of the workers' compensation lawyers at Meuser & Associates, call us at 877-746-5680 or click here to send us an email.

Visit our website at MeuserLaw.com!

Car Accidents and Uninsured Motorist Coverage in Minnesota

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

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

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

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

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

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

Visit our website at MeuserLaw.com!

MN Work Comp and Ammonia Exposure at Work

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

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

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

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

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

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

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

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

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

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

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

We have successfully represented a number of employees who suffered lung and respiratory damage as the result of exposure to chemicals at work. In some cases, in addition to workers’ compensation benefits, if a party is exposed to the chemical as the result of the negligence of a third party, other than the employer or co-workers, that employee may have a civil liability claim. An experienced workers’ compensation lawyer can help make sure you receive all the benefits you are entitled to. To schedule a free, no-obligation consultation, call Meuser & Associates at 877-746-5680 or click here to send us an email.

Visit our workers' compensation and personal injury website at MeuserLaw.com!

Recession, Unemployment, Layoffs, and Minnesota Workers’ Compensation Wage Loss Benefits

In January 2009, Minnesota lost 20,700 jobs as the nationwide and worldwide recession continues to deepen, according to figures recently released by the Minnesota Department of Employment and Economic Development (DEED). Job losses in January included 9,600 in manufacturing, 5,900 in professional and business services, 3,900 in government, 1,700 in other services, 1,600 in construction, and 500 in leisure and hospitality.

Under Minnesota Workers’ Compensation law, laid-off workers may be entitled to wage loss benefits, if a work injury affects their ability to find employment after being laid off. As employers lay off more and more workers, often the first to be let go are employees with work injuries.

We frequently see people who have worked for a company for many years, and who have sustained a number of work injuries over the years. When these companies cut back employees, these long-timers are often the first to go. We also frequently see individuals who are hurt at work, are under some sort of work restrictions, and are suddenly let go for “economic” reasons.

If an injured worker is laid off and he or she some kind of occupational limitations due to his or her work injuries, the injured worker is often entitled to temporary total disability benefits and the assistance of a Qualified Rehabilitation Consultant (QRC) while he or she looks for work. If those individuals find employment, but are earning less, they may be entitled to temporary partial disability benefits. Given the terrible economy, finding a new job is becoming more and more difficult, particularly if a worker has physical limitations due to a work injury.

If you have a work injury, you have physical limitations as a result of that injury, and you are laid off, you would be wise to contact a workers’ compensation attorney to ensure you receive the benefits you are entitled to. Many if not most injured workers are not aware of their rights under workers’ compensation law if they are laid off, and the employer and insurer are certainly not going to voluntarily tell the employee that they may be entitled to additional benefits. In fact, is extremely common for employers or insurers to deny ongoing benefits to an injured worker after a layoff, on the grounds that the employee was laid off for economic reasons. This in and of itself is generally not a sufficient ground to deny wage loss benefits.

Moreover, even if you sustained a work injury, but were laid off before you reported it, or you suffer from a repetitive motion injury which occurred over a long period of time as the result of your work activities, but you did not require medical treatment until after you were laid off, you may still be entitled to workers’ compensation benefits.

Laying off an injured worker for economic reasons does not relieve an employer of the responsibility for paying for wage loss benefits if that injured worker has difficulty finding new employment due to physical limitations caused by the work injury.

We have successfully secured benefits on behalf of many clients who had work injuries and were subsequently laid off. By way of example, in 2007, Macy’s closed a large furniture distribution center in Minneapolis, laying off about 80 employees. Many of these employees had worked for Macy’s for 20 or more years. We were retained by several of these former Macy’s workers, who over the course of their lengthy employments with Dayton-Hudson, and then Macy’s, had sustained numerous work related injuries. Our firm successfully secured sizable settlements for these laid off workers.

If you suffer from the effects of a work-related injury, and you’ve been laid off, call Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free consultation.

Visit our website at MeuserLaw.com!

Occupational Hearing Loss and Minnesota Workers' Compensation

Hearing loss that is caused by work or occupational activities is covered by workers’ compensation. Hearing loss can be caused by a blow to the head which causes injury to the brain or the structure of the ear. It can also be caused by exposure to certain kinds of chemicals, such as Ototoxic medicines (including certain antibiotics) and other substances (such as arsenic, mercury, tin, lead, and manganese). More commonly, occupational hearing loss is caused by exposure to noise or vibration that causes damage to the inner ear. This is also known as acoustic trauma.

Symptoms of hearing loss include:

• Decreased hearing
• Muffled hearing
• Difficulty understanding speech
• Ringing, roaring, hissing, or buzzing in the ear (tinnitus)
• Ear pain, itching, or irritation
• Pus or fluid leaking from the ear. This may result from an injury or infection that is causing hearing loss
• Vertigo, which can occur with hearing loss caused by Ménière's disease, acoustic neuroma, or labyrinthitis.
  

Sounds above 90 decibels (dB, a measurement of the loudness or strength of vibration of a sound), particularly if the sound is prolonged, may cause such intense vibration that the inner ear is damaged.

• 90 dB is about the loudness of a large truck about 5 yards away. Motorcycles, snowmobiles, and similar engines range around 85 to 90 dB.
• 100 dB is reached by some rock concerts.
• 120 dB is a jackhammer from 3 feet away.
• 130 dB is a jet engine from 100 feet away.
  

People who work in certain types of jobs are more susceptible to hearing loss, including:

• Airport workers
• Landscapers
• People who work in the music industry
• Bartenders
  
• Police officers
• Firefighters
• Cab, truck, and bus drivers
• Hairstylists
• Mechanics
• Factory workers
• Farmers and agricultural workers
• Manufacturers
• Metal workers
• Construction workers
  

Construction workers are particularly at risk for hearing loss. The decibel (dB) measurement for some common construction tools are very high:

• Pneumatic chip hammer 103-113 dB
• Jackhammer 102-111 dB
• Stud welder 101 dB
• Concrete joint cutter 99-102 dB
• Bulldozer 93-96 dB
• Crane 90-96 dB
• Earth Tamper 90-96 dB
  
• Skilsaw 88-102 dB
• Hammer 87-95 dB
• Gradeall 87-94 dB
• Front-end loader 86-94 dB
• Backhoe 84-93 dB
• Garbage disposal (at 3 ft.) 80 dB
  
• Vacuum cleaner 70 dB
  

Hearing loss may be permanent. Treatment for hearing loss is to try to improve any remaining hearing, and to develop coping skills, such as lip reading. A hearing aid may also be prescribed to improve communication. Methods for protecting the ears from further damage may be recommended.

Steps can be taken to prevent or reduce the risks of hearing loss. You should protect your ears when you are exposed to loud noises by wearing protective ear plugs or earmuffs. You should also educate yourself about the hearing loss risks of activities such as attending loud concerts, snowmobiling, or firing guns.

Under Minnesota workers’ compensation, if your occupational activities are substantial contributing factors to your hearing loss, your condition is covered under workers’ compensation. Medical care and treatment for your hearing loss is covered by workers’ compensation insurance. If you are unable to work due to your hearing loss, you may be entitled to wage loss benefits. If you are unable to go back to your former employment due to your hearing loss, you may be eligible for rehabilitation or retraining benefits. Finally, depending on the extent of your hearing loss, you may be entitled to permanent partial disability compensation. If you or someone you know suffers from work-related hearing loss, contact Meuser & Associates for a free consultation. Make sure you get the benefits you are entitled to. Call us at 877-746-5680 or click here to send us an email. An ASL translator is available on request.

Visit our website at MeuserLaw.com!

Minnesota Tort Thresholds for Civil Liability Cases

In Minnesota, in order to prevent litigation over relatively small personal injury cases, state law requires that certain “thresholds” be met before a cause of action for non-economic loss can be maintained against an at-fault tortfeasor.

What this means is that if you are involved in a motor vehicle collision, you may not take the at-fault driver to court for your non-economic damages, such as pain and suffering, unless you meet certain criteria.

Those criteria are as follows:

• A permanent injury as determined by a doctor.

• At least $4,000.00 in non-diagnostic medical care or treatment. This amount does not include “diagnostic” treatment such as MRI’s and CT-Scans.

• Disablement for at least 60 days.

• Death.

Whiplash, strains and sprains, and soft tissue injuries sustained as the result of a motor vehicle accident can be incredibly painful and can severely disrupt your lifestyle. Unfortunately, civil liability insurers often place little or no value on claims where an individual has sustained soft tissue injuries. They frequently offer a very small amount of money to an injured individual simply to make the claim “go away.” If you have sustained injuries as the result of a motor vehicle crash, whether those injuries are soft tissue injuries or catastrophic injuries, it is wise to consult with an experienced personal injury attorney to make sure that you are fairly compensated for your losses. Call Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free consultation.

Visit our website at MeuserLaw.com!

Minnesota Workers' Compensation and Undocumented Workers

Under Minnesota law, an injured workers’ immigration status is irrelevant to a determination of whether that employee is entitled to workers’ compensation benefits. What this means is that undocumented workers are entitled to the same workers’ compensation benefits as documented workers, including wage loss benefits, medical benefits and rehabilitation benefits.

Unfortunately, undocumented workers are frequently unaware of their rights under Minnesota workers’ compensation law, and employers of injured undocumented workers regularly tell the workers that they have no rights. In our practice, we also frequently see undocumented workers facing retaliation and intimidation by employers after reporting an injury.

Minnesota Workers’ Compensation Advisory Council and Department of Labor and Industry Commissioner Steve Sviggum have been working throughout 2008 to review the Work Comp system and propose changes to the Minnesota legislature.

One of those proposed changes would strip workers’ compensation benefits from injured undocumented workers. Commissioner Sviggum explained the rationale as follows:

Let me be as bold to say, illegal aliens should not be awarded full workers’ compensation benefits. Such policy discriminates unfairly in favor of the undocumented worker, unjustly requiring the employer to pay more than he or she should to, essentially, reward that person for the illegal work activity.

When an illegal alien enters into the system, however, the principal objective of workers’ compensation is lost and only the illegal alien benefits from workers’ compensation programs. When applied to cases involving illegal aliens, the way in which workers’ compensation statutes determine an injured employee’s capacity to return to work is fundamentally flawed to privilege the undocumented worker.

Compared to American or documented workers, of whom 75 percent return to work in less than a month following the injury, the legal reemployment rate for undocumented workers is zero percent, an unambiguous and costly discrepancy.

This proposed change is drastic and the rationale behind it is questionable, at best.

First, the notion that employers somehow pay more for compensation benefits for undocumented workers is fundamentally flawed. By hiring undocumented workers, employers frequently pay minimal wages and benefits to these individuals. If that undocumented worker is injured on the job, the employer’s insurance company is required to pay the exact same benefits to that injured worker as they would be required to pay legal workers. No more, no less.

Commissioner Sviggum suggests that undocumented workers cost employers and insurers more because they cannot be legally re-employed, thus extending the time they receive wage loss benefits. First, the fact that the undocumented worker was employed by the employer in the first place refutes the idea that undocumented workers can’t go back to work. To avoid paying long-term wage loss benefits, the employer can simply return the injured worker to his or her original job. Secondly, Commissioner Sviggum is correct in noting that undocumented workers cannot legally be re-employed. However, our experience suggests that undocumented workers really don’t have that much difficulty finding employment because employers are more than willing to hire people with questionable immigration status. While illegal immigration is a problem, prohibiting an injured undocumented worker from receiving workers’ compensation benefits does nothing to actually address the problem.

In fact, eliminating benefits for undocumented workers would actually exacerbate the problem by encouraging employers to hire undocumented workers. It would allow employers to hire undocumented workers, pay them minimal wages, have them work in dangerous conditions, and face absolutely no consequence through the workers’ compensation system if that employee is injured.

Without workers compensation benefits, an undocumented injured worker may be forced to resort to relying on other assistance programs, such as medical assistance, general assistance, and food stamps, substantially increasing the burden on taxpayers.

Moreover, the whole concept behind the workers’ compensation system is to require employers to bear the burden for injuries that occur on the job, and in exchange, employees give up the right to sue their employers. Eliminating workers’ compensation benefits for undocumented workers may actually have the unintended consequence of increasing liability costs for employers. If no workers’ compensation benefits are available to an injured undocumented worker, that worker may have the right to sue their employer for their injuries. As a rule, in any given case, the potential civil liability exposure would be much greater than any potential workers’ compensation exposure. Under Minnesota Workers’ Compensation, benefits include medical benefits, rehabilitation benefits, limited wage loss benefits, and limited permanency benefits. A civil case against an employer may include pain and suffering, greater wage loss benefits, and punitive damages, in addition to the benefits available under workers’ compensation.

If Commissioner Sviggum wants to curb illegal immigration, the workers’ compensation system is the wrong place to start. His proposed changes would have no effect on illegal immigration, and would most likely encourage employers to hire more undocumented workers. Let’s hope that this proposal does not get past the Minnesota legislature. If you are an injured worker and need assistance obtaining workers’ compensation benefits, call us at 877-746-5680 or click here to send us an email to schedule a free consultation with one of our workers' compensation lawyers.

Visit our workers' compensation website at MeuserLaw.com!

Audit of MN Work Comp System Reveals Underpayment by Insurance Companies

A new report released by the Minnesota Office of the Legislative Auditor reveals the results of a recent audit of the Minnesota workers' compensation system. Among other things, the report reveals that insurance companies underpaid work comp claims by over $3 million in each of the last few fiscal years. While those of us who practice workers' compensation frequently see underpayments by insurance companies or questionable denials of claims, unfortunately, errors in calculating benefits even when there is literally no question as to an employee's entitlement to certain benefits occurs more often than it should.

The reported underpayments represent less than 1% of the total amount of indemnity payments made each year. However, the underpayments reported in the audit represented only those underpayments caught when a claim was reviewed by staff at the Department of Labor and Industry. Not every case is audited, and not every error is caught. Moreover, the amount of underpayments does not include instances where there is a dispute over the amount of the benefit the injured workers is entitled to.

Benefit calculation errors often occur when an adjuster is unfamiliar with Minnesota Workers' Compensation rules and calculation methods, when someone makes a careless calculation error, or when an insurance company simply fails to recognize an employee's entitlement to a particular benefit.

The vast majority of underpayments occurred as the result of errors in calculating the amount of permanent partial disability (PPD) benefits owed to an injured worker. The next most common error was in miscalculating the number of weeks of wage loss benefits due to an injured worker. In our practice, errors in determining the amount of permanent partial disability benefits available to an injured worker occur very frequently, even when there is no dispute over the extent of an employee's injuries. Where there is a dispute over the extent of an employee's injuries, an insurer will almost never voluntarily pay the full extent of permanent partial disability benefits potentially available to the employee.

If there is a dispute regarding the extent of the benefits to which you are entitled, it is a good idea to consult with a workers' compensation attorney. Even if there is no dispute regarding your entitlement to benefits, keep in mind that insurance companies frequently make errors in calculating your entitlement to benefits. We're happy to provide a free evaluation of your case to determine if you are entitled to additional benefits. Call us today at 877-746-5680 or click here to send us an email.

Visit our workers' compensation website at MeuserLaw.com!

Maximum Medical Improvement (MMI) and Minnesota Workers Comp

The date of Maximum Medical Improvement (MMI) assigned by a doctor in workers’ compensation cases is the date after which “no further significant recovery from or significant lasting improvement to a personal injury can reasonably be anticipated, based upon reasonable medical probability, irrespective and regardless of subjective complaints of pain.”

What this means is that a doctor concludes that despite your continuing symptoms or pain, it is not anticipated that your work-related injury will significantly improve. An MMI determination can have a significant impact on your right to continued workers’ compensation benefits.

In making a determination as to whether you have reached Maximum Medical Improvement, a doctor will generally consider factors, such as your history of improvement, your current treatment, any pre-existing conditions you may have, and the proposed treatment for your condition.

If your doctor or an independent medical examiner concludes that you have reached MMI, the insurance company is required to serve you notice of Maximum Medical Improvement. The insurer may not use MMI as a basis to discontinue benefits until you have been served “notice” of Maximum Medical Improvement.

If you have reached MMI, your entitlement to temporary total disability benefits may be discontinued after 90 days. However, if you have multiple injuries or conditions, benefits may not be discontinued until it has been determined that you have reached Maximum Medical Improvement for all conditions or injuries. Moreover, if you require additional treatment for your condition, a Maximum Medical Improvement determination may not be valid. Even if you’ve validly been determined to be at Maximum Medical Improvement, if your condition renders you medically unable to work at some point in the future, you may be entitled to additional benefits.

If you’ve been scheduled for an Independent Medical Examination, or your doctor has discussed placing you at MMI, you should speak with a workers’ compensation attorney. To schedule a free consultation with one of our work comp. lawyers, call Meuser & Associates at 877-746-5680 or click here to send us an email.

Visit our website at MeuserLaw.com!

Minnesota Workers' Compensation Benefits and Drug and Alcohol Use

Getting caught using illegal drugs or being intoxicated on the job is never a good thing, but if you are injured on the job, it doesn’t necessarily mean that you aren’t entitled to workers’ compensation benefits.

An employer can require you to undergo an alcohol or drug test after a work-related injury. A positive test result, however, doesn’t necessarily mean that they can deny you workers’ compensation benefits.

The issues of drug and alcohol use come up primarily in two circumstances when you have a work-related injury.

First, if you test positive for drugs or alcohol after the incident in which you were injured, your employer and their insurance company may argue that your intoxication was what caused the injury, and that therefore, you should not be entitled to benefits.

Minnesota law states that “if the injury was intentionally self-inflicted or the intoxication of the employee is the proximate cause of the injury, then the employer is not liable for compensation. The burden of proof of these facts is upon the employer.”

What this means is that the law states that if you are intoxicated by drugs or alcohol, and the intoxication is what caused the accident in which you sustained injuries, your employer is not required to pay workers’ compensation benefits. However, it is the responsibility of the employer to prove that (1) you were intoxicated, and (2) the intoxication was the “proximate,” or direct, cause of your injuries. In reality, it is quite difficult to prove that intoxication was the cause of an injury.

A positive drug or alcohol test after a work injury is often not grounds in and of itself to preclude your entitlement to workers’ compensation benefits.

Second, many if not most employers prohibit illegal drug use or alcohol use on the job. It is the policy of many employers to terminate employees with positive tests. If you test positive for alcohol or drugs after a work injury, but before you return to work, and the employer terminates you for misconduct, you may still be entitled to wage loss benefits. If you return to work and are subsequently terminated for drug or alcohol use, your wage loss benefits may be discontinued in some cases.

If you were injured on the job and subsequently tested positive for drugs or alcohol, don’t lose hope. You may still have a claim for workers’ compensation benefits. We have successfully represented several clients in your situation. We can help. Call Meuser & Associates at 877-746-5680 or click here to email us to schedule a free consultation.

Visit our workers' compensation website at MeuserLaw.com!

Nerve Conduction Studies and Workers’ Compensation Injuries

Many types of work injuries, such as disc herniations that impinge on nerves, carpal tunnel syndrome, or ulnar neuropathy can cause nerve damage or insufficiencies.

A nerve conduction study is often done to evaluate paresthesias (numbness, tingling, burning) and or/weakness of the arms and legs. Some common disorders which can be diagnosed by nerve conduction studies are peripheral neuropathy, carpal tunnel syndrome, ulnar neuropathy, Guillain-Barré syndrome, Facioscapulohumeral muscular dystrophy, and spinal disc herniation.

During a nerve conduction study, specific nerves are stimulated and the study records their ability to send the impulse to the muscle. The study can show where there is damage to or a blockage of the nerve pathway. This can help isolate the location of abnormal sensations, such as numbness, tingling, or pain.

In the study, several flat metal disc electrodes are taped or pasted to your skin. A shock-emitting electrode is placed directly over the nerve to be studied. A recording electrode is placed over the muscles supplied by that nerve. Several, brief electrical pulses are sent to the nerve. You will feel a brief, burning pain, a tingling sensation and a twitching of the muscle when the electrical pulse is applied. It feels like the tingling you feel when you rub your feet on the carpet then touch a metal object. Each pulse is very brief (less than a millisecond).

The time it takes the muscle to contract in response to the electrical pulse is recorded. The speed of the response is called the conduction velocity. Nerve conduction studies show whether the nerves transmit electrical impulses to the muscles or up the sensory nerves at normal speeds (conduction velocities). Sensory nerves allow the brain to respond to pain, touch, temperature and vibration. Different nerves have different normal conduction velocities.

The results of a nerve conduction study can help diagnose a work-related injury. If the workers’ compensation insurer is denying payment for a nerve conduction study, if they are denying pre-approval for an appointment, or if you have sustained carpal tunnel syndrome, a disc herniation, ulnar neuropathy, or any other work related nerve injury, give us a call at 877-746-5680 or click here to send us an email to schedule a free consultation.

Visit our website at MeuserLaw.com!

Filing a Work Comp Claim and Employer Retaliation

Most jobs are considered “at will,” meaning that you can be fired for a good reason, a bad reason, or no reason at all. However, there are certain reasons an employer may not fire you under Minnesota law. Specifically, an employer may not fire you for filing a workers’ compensation claim.

While your employer cannot fire you for filing a workers’ compensation claim, unfortunately, employers often harass you, attempt to intimidate you, and otherwise make your life miserable after you report a work injury in an effort to get you to quit.

If you quit your job after you sustained a work injury, your employer will probably argue that they shouldn’t have to pay you wage loss benefits since you voluntarily quit.

Some employers also look to fabricate a reason to fire you for “misconduct.” They might start looking over your shoulder all the time, start reprimanding you for little errors or mistakes, or otherwise fabricate a reason to fire you. If you are fired for “misconduct,” your employer may argue that they shouldn’t have to pay you wage loss benefits since you were fired for “misconduct.”

If you quit your job or you are fired for misconduct, it may have a serious impact on your entitlement to workers’ compensation benefits. If your employer is giving you a hard time at work, it is a good idea to consult an attorney. We can often help stop the harassment before it escalates any further. If you are thinking about quitting, you should speak with an attorney before you do anything. If you were already fired for “misconduct” or you quit your job because your employer or co-workers were making your life miserable, call us at 877-746-5680 or click here to email us to schedule a free consultation. Even if you were fired for "misconduct," laid off for "economic reasons," or you quit due to employer harassment, we may still be able to successfully argue that you are entitled to wage loss benefits.

Visit our workers' compensation website at MeuserLaw.com!

How Does Your Insurance Company Rate?

In our workers’ compensation and personal injury practice, we constantly deal with insurance companies. Some insurers are better than others when it comes to dealing fairly with claimants.

Recently, one insurance company in particular began employing some rather underhanded tactics against several of our clients. I went online to do some research to see if there were any similar complaints against this particular insurance company.

What I found was a report by the American Association for Justice, formerly the Association of Trial Lawyers of America, identifying the top ten worst insurance companies for consumers. Lo and behold, the insurance company I was looking for made the list.

The American Association for Justice reviewed thousands of court documents, SEC and FBI records, state insurance department investigations and complaints, news accounts from across the country, and the testimony and depositions of former insurance agents and adjusters. When it comes down to it, some insurance companies put profits over policyholders, and the top ten on the American Association for Justice list are the worst offenders. The fact of the matter is, the less an insurance company pays on claims, the more profits it makes, and some insurers go to outrageous lengths to deny or underpay legitimate claims.

According to the American Association for Justice, the top ten worst insurance companies are as follows:

1. Allstate

2. Unum

3. AIG

4. State Farm

5. Conseco

6. WellPoint

7. Farmers

8. UnitedHealth

9. Torchmark

10. Liberty Mutual

To read more about why these insurance companies have earned the dishonorable distinction of being named the top ten worst insurance companies in America, read the full report by the American Association for Justice.

The moral of the story is, if you’ve been in an accident, don’t assume that the insurance company is treating you fairly or acting in your best interest. Remember, the less they pay in claims, the more money they make. If the insurance company is denying your claim, or if you’ve received a settlement offer, it is important that you contact an experienced personal injury lawyer. We’re happy to provide a free evaluation of your case. Call Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free consultation.

Visit our website at MeuserLaw.com!

Notice of File Closing - MN Work Comp

We get lots of calls from clients that have received a Notice of File Closing wondering what it means. Legally, a Notice of File Closing means nothing. A workers’ compensation insurance company may send a Notice of File Closing to the Minnesota Department of Labor and Industry, simply to inform the Department that all work has been completed on the file. It has absolutely no impact on your benefits.

The purpose of the Notice is to avoid requests from the Department of Labor and Industry to the insurer after the file has been closed and shipped to off-site storage. A copy of this notice does not have to be sent to the employee, but employees frequently receive a copy.

By sending a copy of the Notice of File Closing to the injured worker, workers’ compensation insurers often unintentionally or intentionally mislead an employee into thinking that their workers’ compensation benefits have been exhausted or terminated. This is not the case. An insurance company’s closure of a workers’ compensation file has no impact on an injured employee’s right to medical or monetary benefits.

Even if years have passed since your workers’ compensation case was “closed” by the insurance company, your entitlement to benefits is not affected. If you were injured on the job 5, 10, 15, or even 20 years ago, and want to know what workers’ compensation benefits you are still entitled to, give us a call at 877-746-5680 or click here to send us an email to schedule a free consultation.

Visit our workers' compensation website at MeuserLaw.com!

Rehabilitation Benefits and the Assistance of a Qualified Rehabilitation Consultant (QRC)

One of the most frequently overlooked benefits available to injured workers is the assistance of a Qualified Rehabilitation Consultant (QRC).

If you are having problems performing your job duties because of your work injury, or if your employer has terminated you or laid you off because they do not have work within your restrictions, you may be entitled to the assistance of a Qualified Rehabilitation Consultant (QRC). A QRC is a licensed professional who provides vocational rehabilitation services to injured workers.

If you have a work injury and need help getting back to work, the assistance of a QRC may be useful to you. If you are injured on the job, you have the right to request a consultation with a QRC at any time. At the 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, the 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.

Your employer or the workers’ compensation insurance company may assign a QRC to your case. You have the right, however, to choose your own QRC. If you have already been assigned a QRC, you can request a change of QRC’s within 60 days of filing of the Rehabilitation Plan (R-2) with the Department of Labor and Industry. After 60 days, you can change QRC’s if all parties agree.

It is important that you exercise your right to choose your own QRC. Frankly, some QRC’s are better than others. A QRC assigned by your employer and the insurer may not have your best interests in mind. A good QRC looks out for your best interests.

If you have a work injury that is interfering with your ability to work and you would like the assistance of a QRC, or if you are unhappy with the QRC assigned by your employer or insurer, give us a call at 877-746-5680 or click here to send us an email to schedule a free consultation. We can help you get a consultation with a Qualified Rehabilitation Consultant who will look out for your best interests.

Visit our workers' compensation website at MeuserLaw.com!

Minnesota Work Comp. and Notice of Intent to Discontinue (NOID) Benefits

If you have received a Notice of Intent to Discontinue Benefits (NOID), you should probably contact an attorney if you do not already have one. Workers’ compensation insurance companies are required to file a Notice of Intent to Discontinue Benefits and to send you a copy as well, if they intend to discontinue your wage loss benefits.

Work comp. insurers can attempt to discontinue your benefits for a variety of reasons, including a return to work at full wages, a return to work at reduced wages, or for other reasons. The insurance company’s reason, however, may not be valid. In some cases, the insurance company’s attempt to discontinue your benefits is improper, and in many cases, a strong argument can be made that your wage loss benefits should not be discontinued.

If you disagree with the reason that the insurance company is attempting to discontinue your benefits, you have a very limited time to object to the discontinuance. If the discontinuance is based on your return to work, you have up to 30 days from the date you returned to work to object. Note that if the insurer delayed in filing the NOID, you may only have about two weeks to object. If it is based on another reason, you have up to 12 days to object. You can call the Minnesota Department of Labor and Industry at 1-800-342-5354 to object by telephone.

If you object to the discontinuance within these time frames, a conference will be scheduled shortly afterward. If you do not object within these time frames, you can file an Objection to Discontinuance, and a conference will be scheduled within about 60 days. If you fail to follow either of these procedures, which typically resolves the issue within a relatively short period of time, you can still file a Claim Petition alleging entitlement to the discontinued benefits. This process takes significantly more time than objecting to the discontinuance.

While it is possible to object to a Notice of Intent to Discontinue (NOID) benefits, and attend the conference and present your case on your own, the legal issues that arise can be very complex. It is probably wise to contact an experienced workers’ compensation attorney to help you through the process.

If you’ve received a Notice of Intent to Discontinue (NOID) benefits, it is important that you take action right away to avoid unnecessary delays in receiving ongoing wage loss benefits. Failure to take any action in response to a Notice of Intent to Discontinue (NOID) benefits can substantially delay receipt of the benefits you are entitled to.

Call Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free consultation. We’re happy to provide a free evaluation of your case to determine if there is a basis to object to the discontinuance.

Visit our personal injury and workers' compensation website at MeuserLaw.com!