Speaking With A Minn. Workers' Compensation Lawyer

Often times, when I first speak with a new potential client or someone who has questions about Minnesota workers’ compensation, it's the first time they've ever spoken with a lawyer, and they're nervous about talking to an attorney.

When you call me or schedule a time to meet with me or another workers’ compensation lawyer, we’re regular people, just like you. We have families, pets, hobbies…just like you. Please don’t be feel nervous about talking to us. I don’t bite…I promise! In fact, if you come in on a Friday, you might just catch me in jeans and a sweatshirt.

As lawyers, one of the most important parts of our job is listening. When we first meet with you, a good portion of our meeting is spent listening to you describe your work, your injuries, and what has transpired since that time in terms of your medical care, your work, and how the insurance company has been handling your case. We will ask you specific questions to find out specific information to analyze your case. Based on that, we explain your workers’ compensation rights, discuss issues, strengths, and weaknesses of your case, and make recommendations as to how to proceed to best protect your rights. We’ll also answer any questions you have about your rights, the workers’ compensation process, and our recommendations.

Before you meet with us, don’t spend time over-analyzing your case. Analyzing your case is our job as your lawyer. Every day, our job is to apply the law to the facts of a case. We will explain how your case fits within the law, and ways in which the law can impact your situation.

Be honest with us. Our conversations are confidential. Anything you tell us is held in confidence, and our advice is confidential. When we’re evaluating our case, tell us anything you think is important. If there are things you think may be harmful to your case, it’s important that you let us know about those things to give you an honest assessment of your case. Often, we speak with potential clients who are worried about telling us about prior conditions or injuries. Very, very often, those things that you’re worried about won’t actually hurt your case. The more honest you are with me, the better I can analyze your case, and the more accurate advice I can give you. 

Our job is to give you an honest assessment of your case, not to give you a sales pitch. If you’ve got a solid case, I’ll tell you. If you have a weak case, I’ll tell you. If you don’t have a case, I’ll tell you. All cases have strengths, and all cases have weaknesses. My job is to evaluate and analyze those things and give you an honest assessment.

We provide free, no-obligation Minnesota workers’ compensation case consultations. Part of my job is to help you understand your rights based on the facts of your case. Speaking with a Minnesota workers’ compensation lawyer doesn’t have to be stressful. In fact, most of the time, after meeting with me for the first time, injured workers feel less stressed about their circumstances. Knowledge is a powerful thing, and knowing your workers’ compensation rights can help you feel more in control of your situation. Call Meuser & Associate at 877-746-5680 or click here to send us an email for a free, no-obligation workers’ compensation consultation.

Preventing Violence in the Workplace: Minnesota Work Comp.

Preventing violence in the workplace involves recognizing situations that could potentially lead to violence, and taking steps to prevent violent incidents. A safe work environment is everyone’s responsibility. Employees should be trained on how to recognize an unsafe situation relating to co-workers, employers need to stress that workplace violence is not “part of the job,” and no one has to “put up with it,” and employees should alert management to co-workers who are verbally or physically threatening other workers.

Prior to a violent act, there are almost always red flags. After a violent workplace incident, people almost invariably say “there were warning signs,” or “we should have known.” Employees and employers should be aware of these red flags, and report them before an act of violence takes place: 

• Prior history of violent behavior. 
• Making threats, either verbal or physical. 
• Unexplained mood changes. 
• Screaming, yelling, or making a fist. 
• Expressing homicidal or suicidal thoughts. 
• Holding a grudge against a supervisor/co-workers. 
• Blaming all things that go wrong on a co-worker, supervisors, or management. 
• Expressing a feeling of loss of control within his or her life. 
• A history of domestic abuse. 
• Obsession with weapons or carrying a weapon in the workplace. 
• Isolation from co-workers. 
• Paranoid behavior or verbalizations reflecting paranoid thoughts. 
• Unwanted romantic interest in a co-worker. 
• Abuse of alcohol or illicit drugs. 
• Use of alcohol or illicit drugs at work. 
• Extreme financial or extreme family problems. 

Employees who observe any of these red flags should be encouraged to report them to their immediate supervisor. Employers need to have a process in place to document employee concerns, and to take measures, if appropriate, to protect employee safety.

Workplace violence is not always the result of violent actions of another co-worker. People who work with the general public, such as convenience store cashiers, may be subject to violence from outsiders. Terroristic acts by disgruntled former employees or disgruntled customers can also be the cause of workplace violence. Unfortunately, domestic violence situations can spill over into the workplace, as well.

Employers need to have to have a policy in place addressing how to deal with violent situations from customers or non-workers. Employers should also be cooperative in enforcing no contact orders, and have procedures in place to prevent non-employees from gaining access to the workplace.

Unfortunately, despite good policies and procedures, workplace violence does happen, and will continue to happen. If a worker suffers injuries as the result of workplace violence, in many cases, that worker is eligible for workers’ compensation benefits.

In Minnesota, work injuries that are the result of workplace violence are separated into three separate categories. Injuries which fall into two of the three categories are covered under workers’ compensation, but injuries which fall into the third category are not covered by workers’ compensation. This is known as the Hanson analysis, named after the case of Hanson v. Robitshek Schneider Co., 297 N.W. 19 (1941).

1. First, injuries that are the result of workplace violence where the provocation or motivation behind the assault arises solely out of the activity of the victim as an employee, are covered under Minnesota workers’ compensation. 
2. Second, injuries that are the result of workplace violence where the assailant was motivated by personal animosity towards the victim arising from circumstances completely unconnected with the employment. These injuries are not covered under Minnesota workers’ compensation. 
3. Third, injuries that are the result of workplace violence directed at the victim due to a combination of personal non-work related reasons, and work-related reasons are covered under Minnesota workers’ compensation. Cases where the assailant’s motivation is unknown are usually covered under workers’ compensation. 

Most injuries caused by workplace violence fall into the third category – the assailant was motivated by a combination of workplace factors and non-workplace factors, and they are covered by Minnesota workers’ compensation. That being said, many workers’ compensation insurers will deny injury claims involving assaults or violence, arguing that the incident was non-work related. Just because the workers’ compensation insurance company says your case is not covered, does not mean that they are right!

We’ve represented a wide variety of Minnesota workers who suffered injuries as a result of workplace violence, including a woman who was sexually assaulted by a supervisor, a security guard who was assaulted by a trespasser, a convenience store cashier who was assaulted by a customer, an individual who was hit on the head by a co-worker, several police officers who were assaulted by suspects, corrections officers who were assaulted by inmates, and home health care workers who were assaulted by clients.

If you’ve sustained injuries as a result of violence in your workplace, an experienced Minnesota workers’ compensation lawyer can help you get the benefits you’re entitled to, and navigate the Minnesota workers’ compensation system. For a free, no-obligation 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 attorneys.

The 10 Worst Jobs of 2011

According to Careercast.com, Roustabout is the worst job of 2011. 

Until I read this article, I had no idea what a roustabout was. A roustabout is an oil worker. These folks are the key maintenance providers on oil rigs and pipelines.

So why is it the worst job of 2011? These folks perform back-breaking labor for 12 or more hours a day, at all hours of the day or night, in conditions ranging from arctic winters to desert summers to ocean storms. Some of these folks who work in volatile locations of the world face the threat of attack from terrorists or hostile individuals. Roustabouts deal hands-on with dangerous drilling equipment and face the risk of serious injury or death on a daily basis. Following the Deepwater Horizon disaster last year, the federal government instituted a seven year suspension of off-shore drilling in the eastern Gulf and Atlantic coastline areas, job prospects for oil rig workers are diminishing.

Careercast surveyed 200 different jobs, and ranked those professions according to five criteria: 1) work environment, 2) physical demands, 3) outlook, 4) income, and 5) stress.

And, without further ado, the worst ten jobs of 2011 according to Careercast.com:

1. Roustabout. Roustabouts perform routine physical labor and maintenance on oil rigs and pipelines, both on and off shore.  
2. Ironworker. Ironworkers construct the steel framework of buildings, bridges, and other structures. 
3. Lumberjack. Lumberjacks fell, cut, and transport timber to be processed into lumber, paper, and other wood products. 
4. Roofer. Roofers install roofs on new buildings, perform repairs on old roofs, and re-roof old buildings. 
5. Taxi driver. Taxi drivers operate taxi cabs over the streets and roads of a municipality, picking up and dropping off passengers by request. 
6. Emergency Medical Technician. EMTs attend to situations which demand immediate medical attention, such as automobile accidents, heart attacks, and gunshot wounds. 
7. Welder. Welders join or repair metal surfaces through the application of heat. 
8. Painter. Painters prepare surfaces, and apply paints, varnishes, and finishes to the interiors and exteriors of houses and other structures. 
9. Meter reader. Meter readers monitor public utility meters and record volume of consumption by customers. 
10. Construction worker. Construction workers assist construction trade workers by performing a wide variety of tasks requiring physical labor. 

When I look at this list of the “worst” jobs, it seems like they all have at least one thing in common: workers in these jobs tend to work in worse conditions, and tend to be at greater risk of injury than many other occupations. That being said, I know many people who work in these occupations, and many of them love their jobs.

In Minnesota, if you’ve suffered a work-related injury, you may be eligible for workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and/or rehabilitation benefits.

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

Amputations and Loss of Limbs: Catastrophic Minnesota Workers’ Compensation Injuries

Amputations and loss of limbs are among the most catastrophic and debilitating injuries that can occur in the workplace. According to the U.S. Bureau of Labor Statistics, 10,000 workers suffer from amputations each year. The most common type of amputation injury involves partial or full fingers, thumbs, and toes. About 3% involve the loss of hands or arms, and another 3% involve the loss of feet or legs. The manufacturing and construction industries are responsible for about 2/3 of workplace amputation injuries.

Traumatic amputations and loss of limbs can occur in almost any type of work environment, but these type of accidents most often involve improperly or inadequately guarded machinery, including:

• Band saws 
• Circular saws 
• Grinding machines 
• Conveyor belts 
• Drill presses 
• Punch presses 
• Food slicers 
• Metal shears 
• CNC milling equipment 
• Forklifts 
• Meat grinders 
• Printing presses 
• Milling machines 
• Power presses 
• Roll-forming machines 
• Roll-bending machines 
• Trash compactors 

Amputations can also occur surgically. For example, if a body part is too damaged to repair, it may be surgically amputated after an accident. Or, after an injury, if a body part fails to heal, and develops serious infection, surgical amputation may be necessary to prevent a deadly systemic infection.

Amputation injuries usually require extensive medical care and rehabilitation. Workers who have suffered amputation injuries often have significant difficulty returning back to work after an injury, and may incur substantial wage loss. An injured worker may also require modifications to their homes or vehicles to make them more accessible. There are a variety of Minnesota workers’ compensation benefits available to workers who have suffered amputations injuries, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and/or vocational rehabilitation benefits.

Tragically, dozens of catastrophic amputation work injuries happen in Minnesota every year. A knowledgeable and experienced Minnesota workers’ compensation lawyer can assist you in obtaining the benefits you’re entitled to. For a free, no-obligation case consultation, call Meuser & Associate at 877-746-5680 or click here to send us an email to learn more about your rights. 

Are Minnesota Work Comp Benefits Taxable?

Working on preparing your income tax returns? The filing deadline this year is April 17, 2012.

Are Minnesota workers' compensation benefits taxable?

NO. Taxes aren't fun. The good news is that Minnesota workers' compensation benefits are not considered taxable income.

Visit us at MeuserLaw.com for more information about Minnesota workers' compensation.

When Pain Interferes with Your Sleep

When pain interrupts your sleep, it can literally add insult to injury. If you’re dealing with a workers’ compensation injury, pain that interferes with your sleep can take an additional toll on your physical health, your mental well-being, your ability to work and engage in recreational activities, and your personal relationships. 


Unfortunately, one of the most common things we hear from our injured worker clients is that their pain is interrupting their sleep, which can negatively impact all other areas of a person’s life.

According to the National Sleep Foundation, the types of pain most commonly associated with insomnia include back pain, headaches, and temporomandibbular joint (TMJ) syndrome. Musculoskeletal pain, including arthritis and fibromyalgia, can also cause sleep problems.

Pain Interferes With Sleep

Pain disrupts sleep cycles. If pain wakes you up, it can cause you to miss out on deep sleep, and REM (rapid eye movement) sleep. Losing out on this more restful sleep can not only make you feel run down and fatigued, but it can also increase your sensitivity to pain, creating a vicious cycle.

Pain can affect sleep position. Arthritic pain and orthopedic pain can make it difficult to get comfortable at night. Joint and muscle pain can make it difficult to stay asleep at night. Lack of sleep makes you more sensitive to pain. Some research indicates that sleep deprivation causes increased production of chemicals that cause inflammation in the body, which can in turn, cause pain.

Some narcotic pain medications interrupt sleep. Some pain medications, such as codeine and morphine, can cause insomnia. They can also cause apnea, or brief pauses in breathing, during sleep.

Chronic pain may make it difficult to be active. Decreased activity level and lack of exercise can cause weight gain. Added weight can lead to sleep apnea, which can prevent restful sleep.

Getting the Sleep You Need 

• Meditate or try other relaxation techniques. Guided meditation, tai chi, yoga and other forms of meditation can help train your mind to ignore pain.  
• Get a massage. Research indicates that people that had massages twice a week experienced better sleep and less low back pain. 
• Get active. Regular exercise can help with both pain and insomnia. Moderate, low-impact exercises, such as walking, yoga, or swimming, done early in the day, can help with both pain control and can improve your sleep.
• Avoid long naps late in the day. 
• Take a warm bath or shower before bed. 
• Play relaxation CD’s with soothing sounds to fall asleep. 
• Remove all light-producing appliances from your bedroom, including the TV. 
• Abstain from alcohol in the evening. Alcohol disrupts sleep cycles. 
• Run a fan or other white noise machine. White noise can drown out outside noises.
• Avoid caffeine after noon. 
• Don’t exercise or eat within three hours of going to bed. 

If you are having difficulty sleeping due to pain from a work-related injury, talk to your doctor. There are a variety of treatments available, including medication, physical therapy, and other treatments.

In Minnesota, if your work-related injury is causing you to have sleep problems, you may be eligible for medical care for your sleep problem that is covered by the workers’ compensation insurance company. Don’t let insomnia make your work injury worse. 

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

 

Truck Drivers and Minnesota Workers’ Compensation

When people think of “truck accidents,” they tend to think about crashes where pedestrians, bicyclists, and occupants of other vehicles are hurt when they’re involved in a crash with a truck. While these people certainly can be injured if they’re involved in crash with a semi-truck, a tractor-trailer, an 18-wheeler truck, or another large truck, often times, the drivers of those trucks often sustain injures as well.

Truck drivers involved in on-the-job crashes often sustain serious injuries, including burn injuries, internal injuries, head injuries, spinal cord injuries, traumatic brain injuries, and even death. Single-truck crashes, such as when the truck malfunctions, or operator makes an error, or the driver loses control on an icy road, can also result in severe injuries.

Truckers are also more susceptible to other types of work-related injuries. Truckers commonly develop shoulder, elbow, and wrist injuries as a result of driving truck for extended periods of time. Truck drivers also commonly sustain injuries while pulling the fifth wheel pin, performing maintenance on the truck, slipping and falling getting in and out of the truck, or unloading the truck.

Fortunately, many truck drivers are covered by workers’ compensation, which provides medical expense benefits, wage loss benefits, permanency benefits, and/or rehabilitation benefits, regardless of who is at fault for the accident.

Truck driver workers’ compensation claims often involve a number of complicated legal questions. Over-the-road or long-haul truckers often sustain injuries in states other than where they live, or where their employer is located, which can raise questions as to jurisdiction. Trucking companies often call their drivers “independent contractors,” and argue that they are not entitled to workers’ compensation coverage. Truck accidents also often involve third party liability claims, or fault-based claims against parties other than the driver’s employer.

These can be complex and contentious cases. If you’re a truck driver who resides in Minnesota, if your truck company employer is based in Minnesota, or if you’re a truck driver who sustained injuries in Minnesota, call Meuser & Associate for a free, no-obligation case evaluation at 877-746-5680, or click here to send us an email.

Do I Need a MN Workers’ Comp. Lawyer?

Workers’ compensation insurance companies have lawyers to help them with questions and concerns. Many employers have direct access to legal advice about workers’ compensation claims. Why shouldn’t you have access to good legal advice, too? 

You can speak with a Minnesota workers’ compensation lawyer at no cost to you. Take advantage of a free, no-obligation legal consultation and learn about your Minnesota workers’ compensation rights. 

At Meuser & Associate, we have a long and well-deserved reputation for protecting the rights of Minnesota’s injured workers. Here are some things to consider in deciding whether to hire an attorney to assist you with your case:

• It is easy to make mistakes that can substantially hurt your entitlement to workers’ compensation benefits. Your employer and insurer aren’t going to warn you of these potential pitfalls, and in many instances, many injured workers are actively led by their employers and their insurers into these traps. These mistakes can cost you thousands of dollars’ worth of benefits. 
• Minnesota workers’ compensation is a complex area of law. It’s usually not an area of law where a general practice attorney can take on a workers’ compensation case once in a while. Minnesota workers’ compensation law is based on statute, rules, and case law. It’s constantly changing and developing. An inexperienced or inept lawyer can miss issues on your case, which can cost you thousands of dollars. Most injured workers are simply not capable of mastering all of the complex rules and regulations on their own. 
• If the insurance company denies your claim, a lawyer can help establish your right to benefits. If primary liability is denied on your case, virtually no amount of arguing or haggling with the workers’ compensation insurance company is going to get your claim admitted. Almost invariably, you will need a good Minnesota workers’ compensation lawyer to bring a claim on your behalf. 
• There are a lot of deadlines involved with workers’ compensation. If you miss a deadline for reporting your injury, filing a claim, disputing a denial of liability, or objecting to a discontinuance, in some instances, you may be foreclosed from making additional claims. Missing deadlines on your workers’ compensation case can, in some instances, permanently preclude you from claiming benefits for your work-related injury. 

Meuser & Associate has been fighting to protect the rights of Minnesota’s injured workers for over two decades. Arm yourself with the knowledge you need to protect your workers’ compensation rights. For a free, no-obligation workers’ compensation case consultation, call Meuser & Associate at 877-746-5680 or click here to send us an email. 

Epidural Steroid Injections of the Neck and Back: Minnesota Workers’ Compensation

Epidural injections deliver steroids into the epidural space around the spinal nerve roots to relive pain caused by irritated spinal nerves. The steroid reduces inflammation of the nerves, which are often the source of pain. About 50% of patients receive significant pain relief following an injection. The purpose of epidural steroid injections is to help patients get enough pain relief in order to be able to undergo rehabilitation program. Unfortunately, epidural steroid injections don’t actually cure the underlying problem.

Spinal nerves can become inflamed due to irritation from a damaged disc or contact with bone spurs. Symptoms of nerve inflammation can cause pain and/or numbness and tingling in parts of the body associated with the nerve.

Nerve irritation in the cervical spine can cause:

• Neck pain, tingling, or numbness. 
• Shoulder pain, tingling, or numbness. 
• Arm pain, tingling, or numbness. 

Nerve irritation in the thoracic spine can cause:

• Upper back pain. 
• Pain along the ribs to the chest wall. 
• Pain in the abdomen. 

Nerve irritation in the lumbar spine can cause:

• Low back pain. 
• Hip pain. 
• Buttock pain. 
• Leg pain, tingling, or numbness. 

Before the injection is administered, the patient is given a local anesthetic to the area that is to be injected. The injection is performed using a guided x-ray procedure called fluoroscopy. Contrast dye and a combination of numbing medicine and an anti-inflammatory medicine are injected into the epidural space. The procedure generally takes about 30 minutes, followed by approximately 45 minutes of recovery time. Some patients may experience partial numbness from the anesthetic in the arms or legs, which usually subsides after a few hours. Pain levels after an epidural steroid injection should be documented in a “pain diary” so the treating physician can evaluate the effectiveness of the injection. Improvements in pain will generally occur within 10 days after the injection, and may begin as soon as one day after the injection.

For more information about spinal epidural injections check out Spine-Health.com.

Workers with neck and back injuries frequently undergo one or more epidural steroid injections, with varying degrees of success. If you’ve sustained an on-the-job injury, contact Meuser & Associate for a free, no obligation consultation to learn more about your Minnesota workers’ compensation rights. Call us at 877-746-5680 or click here to send us an email. 

Enforcement Actions Against Uninsured Employers in Minnesota on the Rise

Employees who are injured on the job working for an employer who failed to carry mandatory workers’ compensation insurance may be eligible for workers’ compensation benefits through the Minnesota Special Compensation Fund. 

The Minnesota Special Compensation Fund of the Minnesota Department of Labor and Industry is also charged with enforcing mandatory workers’ compensation overage. Recently, improved technological access and staffing changes has allowed the Special Compensation Fund to increase its enforcement efforts against uninsured employers in the state of Minnesota.

Recently, there has been a 441% increase in the number of penalties issued to employers who failed to carry mandatory workers’ compensation insurance. The number of penalties assessed increased from 210 during fiscal year 2007 to 1,137 penalties in fiscal year 2011, and the amount of penalties collected increased from $711,941 in fiscal year 2007 to $1,684,982 in fiscal year 2011.

Penalties collected by the Special Compensation Fund go to the Assigned Risk Safety account, which provides safety grants to qualified employers for projects designed to reduce the risk of injury or illness to their employees, and to other related safety and health initiatives at the Department of Labor and Industry.

By increasing enforcement and awareness of workers’ compensation insurance coverage requirements, the Special Compensation Fund hopes to reduce the number of workers’ compensation claims involving uninsured employers, which will ultimately reduce costs to the state and taxpayers, and to employers throughout the state by lowering workers’ compensation premiums.

Meuser & Associate has represented many workers who sustained injuries on the job, only to learn that their employer failed to carry the required workers’ compensation insurance. Thankfully, through the Special Compensation Fund, the State of Minnesota provides workers’ compensation benefits to workers who are injured on the job, when their employers fail to carry workers’ compensation insurance.

All too often, however, employers who know they don’t carry the required insurance try to get their injured workers to lie about how their accident happened, or try to convince them not to make a claim. Some of these employers promise to pay the hospital bill, and some promise to pay your regular wages while you’re off work. Almost invariably, when that $3,000 emergency room bill comes, or when you need an MRI, that employer who made you promises to take care of you is nowhere to be found. Likewise, if you’re off work for more than a day or two, rest assured, after a couple days, that employer will stop returning your calls.

If you sustain a serious on-the-job injury in Minnesota, and your employer pressures you not to file a claim, there’s a good change they’re uninsured. Employers who fail to carry mandatory workers’ compensation insurance are subject to fines and penalties. If the Special Compensation Fund has to make payments to an injured worker, the uninsured employer may also be subject to a claim for reimbursement plus a significant penalty.

If your employer was cutting corners in the first place by not carrying workers’ compensation insurance, they’re almost certainly not going to be there for you if you sustain an on-the-job injury. Uninsured employers are looking out for their own interests, and if you’re injured on the job, you need to look out for your own interests. Report your work-related injury. 

For a free, no-obligation Minnesota 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. 

Work-Related Herniated Disc: Non-Surgical Treatment Options

Low back herniated disc injuries are the most common work-related injury we see in our Minnesota workers’ compensation practice. 

While a good portion of our clients do ultimately require some sort of surgery to address their herniated discs, many of our clients experience improvements in their condition, or they are able to manage their symptoms through other, non-surgical medical treatments.

During the initial time period following a lumbar herniated disc injury, many patients will try a variety of “conservative” treatments to alleviate pain from the herniated disc, and to give the disc herniation time to heal. If an injured worker experiences symptom relief with non-surgical options within the first several weeks following the disc herniated injury, continued non-surgical treatment may be appropriate.

Some types of non-surgical disc herniation treatment options include:

Chiropractic treatment and physical therapy. If symptoms persist for several weeks, a trial of chiropractic or osteopathic manipulation and/or physical therapy may be warranted. The goals of chiropractic/osteopathic manipulation and physical therapy are to reduce pain and to help the patient return to his or her normal level of function.

Medications. Medications, such as non-steroidal anti-inflammatory drugs (NSAIDs) can help reduce inflammation and pain caused by a disc herniation. Oral steroids may also be utilized to try to reduce inflammation promote healing of a herniated disc. Narcotic pain medications may be prescribed to reduce acute pain. Muscle relaxers may be prescribed to reduce muscle spasm, and to encourage healing in the affected area.

Epidural steroid injections. Injections of steroids directly into the area of the disc herniation can help reduce inflammation and promote healing. Patients may experience pain relief that can last from one week up to a year. Up to three injections may be done within a year.

In Minnesota, if you sustain a work-related herniated disc, the workers’ compensation insurance company is required to pay for reasonable and necessary medical expenses, which may include chiropractic treatments and physical therapy, medications, and injections, and a variety of other medical treatments.

Lumbar herniated discs can be extremely painful and can seriously interfere with your ability to work. Herniated discs are the most common work-related injury we see in our workers’ compensation practice. 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 a free, no-obligation case consultation. 

Work Comp. is Denying My Surgery, What Do I Do?: MN Workers' Compensation

We often get calls from folks who have Minnesota work-related injuries who find themselves in a difficult spot when the workers’ compensation insurance company refuses to authorize a proposed surgery or other recommended treatment. 

 A workers’ compensation insurance company frequently refuses to authorize surgeries and other medical treatment either on the basis that the proposed surgery or treatment is not reasonable or necessary, that the proposed treatment or surgery is outside the Minnesota permanent treatment parameters, or that the underlying injury is not a substantial contributing factor to your need for surgery or other medical treatment. Often times, the workers’ compensation insurer will base its denial on the findings of an Independent Medical Exam. Unless the proposed surgery is done on an emergency basis, the workers’ compensation insurer does have the right to require you to attend an Independent Medical Examination before agreeing to the proposed treatment.

No matter what the reason for the denial, don't have to simply accept it if the workers' compensation insurance company disputes your entitlement to medical care!

The rules and hoop-jumping that can go along with getting pre-approval for surgical treatment in a Minnesota workers’ compensation case can, unfortunately, substantially delay your medical care.

Where medical care is disputed in a Minnesota workers’ compensation case, particularly in disputes over pre-authorization for surgery or other treatment, there are procedures that allow many of these disputes to be heard on an expedited, or “fast-track” basis. In some cases, the injured worker can file a Request for Certification of Dispute, and a Medical Request, and the issue will be heard at the Department of Labor and Industry at an Administrative Conference. Other cases are initiated by filing a Claim Petition, and the issue is heard by a judge at the Office of Administrative Hearings.

Unfortunately, disputes over medical care are very common in Minnesota workers’ compensation cases. In fact, it’s not unusual to have multiple disputes over medical care during the course of an injured worker’s claim. When an insurance company starts disputing medical care on a workers’ compensation case, it’s usually only a matter of time before they start disputing other benefits, if they haven’t already been denied.

For a free, no-obligation case evaluation to learn more about your options when the workers’ compensation insurance company is disputing your medical care, call Meuser & Associate at 877-746-5680 or click here to send us an email. 

Facebook May Be Used to Deny Your Minnesota Workers’ Compensation Claim

Unfortunately, some workers’ compensation insurance companies will go to great lengths to come up with a reason to deny an otherwise legitimate Minnesota workers’ compensation claim. Other insurance companies thoroughly investigate each and every claim to root out fraud. In both cases, workers’ compensation insurers routinely use internet searches to see if there is relevant information on the internet regarding you or your claim. 

Social media sites, especially Facebook, are getting some workers’ compensation claimants into trouble. Obviously, if a worker claims to have a back injury and that they can’t work, but has posted pictures of themselves skydiving after the alleged injury, that type of fraudulent claim should be denied.

Unfortunately, however, some workers’ compensation insurers are trying to use even seemingly innocent posts and pictures as a basis to deny an injured workers’ claim, or to dispute the extent of that worker’s injury. For example, if you have cherry, happy status updates, or post that you’re “doing well,” some workers’ compensation insurers are arguing that those types of posts are evidence that you’re not hurt as badly as you claim, or that you’re not hurt at all.

Adjusters are also using seemingly innocent pictures for the same purpose. For example, if an injured worker has a knee injury that prevents them from working, a photo of that worker sitting around a campfire having a beer with friends might be used to argue that you’re not hurt as badly as you claim.

The discoverability of Facebook content, or whether or not you’re required to turn over your Facebook content to the insurance company, is a relatively new area of the law. Generally speaking, courts in a number of jurisdictions have held that your Facebook content is discoverable in the context of a workers’ compensation case, meaning that you may be legally required to turn over the content of your Facebook account to the workers’ compensation insurer.

Within the last two years or so, I’ve now run into a number of Minnesota workers’ comp. cases where the insurer has demanded disclosure of all social networking sites my client belongs to. Thus far, I have yet to encounter a case where the insurer is demanding direct access to those social networking accounts, but I’m sure it’s simply a matter of time before we’re seeing that type of request on a regular basis.

Is this fair? Definitely not. I have a personal Facebook account, and I definitely don’t want everyone to see everything. The best way to protect yourself is to regularly check that you have your privacy settings set to the highest level, use common sense about what you post, and regularly monitor what other people are posting about you. You should assume that anything shared on a social media site is not private, and could be used against you. If you have something you’d like to keep private, keep it off the internet. 

Visit us at MeuserLaw.com to learn more about your Minnesota workers’ compensation rights, call us at 877-746-5680, or click here to send us an email.

Back Pain Mistakes: MN Workers' Compensation

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

Dealing with severe or chronic back pain due to a work injury can be incredibly difficult. According to Spine-Health.com, avoiding some common mistakes can help keep you from making your back pain worse.

1. Ignoring your pain for too long. Often, an acute attack of low back pain will get better within a few weeks, but that doesn’t mean you should ignore it. For chronic or severe back pain, a spine specialist may be able to give you a diagnosis and treatment plan to help you manage or reduce your pain.
2. Relying on your general practitioner for too long. If your back pain is severe and/or lasts for more than a few weeks, you may need to see someone with more specialized training in back pain, such as a chiropractor or spine specialist. A spine specialist may be able to give you a better diagnosis and treatment plan than a general practitioner. 
3. Jumping to surgery too quickly. Surgery is not necessarily a “quick fix.” In most cases, it is typically recommended that back pain patients try non-surgical, or conservative treatment, such as chiropractic care or physical therapy, for several weeks or months before seeing a spine surgeon. While surgery can correct a structural problem in the spine, such as a disc pressing a nerve, a sustained exercise and rehabilitation program can often promote long-term recovery.
4. Postponing back surgery for too long. For some types of back conditions, such as those involving nerve root compression, patients often tend to do better if they have surgery sooner, rather than later. 
5. Focusing on MRI results. While an MRI scan can show areas of your spine that might be responsible for causing your pain, you need a full clinical diagnosis to determine an appropriate treatment plan. Often patients with severe back pain have a normal MRI scan, and individuals with significant structural abnormalities on an MRI have no back pain. 
6. Being inactive. Often people with back pain try to avoid aggravating their back pain or triggering pain flare-ups by limiting their physical activity. Over time, however, lack of activity often leads to more pain. Keeping your back flexible and strong improves your core support, hastens the healing process, and reduces the chances of future injury or aggravations. 

In addition to the pain you have to deal with as a result of a work-related back injury, you may suddenly be looking at significant medical expense, an extended time off work, or even a permanent disability.

In Minnesota, if you sustain an on-the-job back injury, 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 case consultation, call Meuser & Associate at 877-746-5680 or click here to send us an email to speak with one of our Minnesota workers’ compensation attorneys.

Construction Laborers and Work Injuries

Performing heavy labor at a construction site can lead to work injuries. Construction laborers commonly sustain injuries to their back, fingers and hands, and knees, as the result of repetitive, strenuous job activities.

Some types of job activities, that when performed repetitively for prolonged periods of time, can lead to injuries, include:

• Exerting significant force to perform tasks or use tools 
• Remaining in a static position for extended periods of time 
• Pressure against a body part from a hard surface or edge 
• Using awkward back, hand, wrist, elbow, or shoulder positions 
• Working in positions such as bending, stooping, kneeling, twisting, or overhead reaching, repetitively, or for prolonged periods 
• Sitting on, standing on, or holding vibrating equipment or tools 
• Working in very hot or very cold temperatures 

Symptoms of a construction injury can include:

• Pain 
• Stiffness 
• Aching 
• Fatigue 
• Temperature changes in the hands or feet 
• Swelling 
• Numbness 
• Tingling 
• Changes in skin color 
• Weakness 
• Loss of sensation 

If you sustain an injury on the job as a construction laborer, it’s important to get medical attention. It is also important that you report your injury to your employer as soon as possible. If you sustain an on-the-job construction labor injury in Minnesota, you may be entitled to workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and/or rehabilitation benefits.

Construction workers often run into unique issues on their workers' compensation cases, including insurance coverage issues, and third party liability issues. An experienced Minnesota workers' compensation lawyer can help you navigate the system. To learn more about your Minnesota workers’ compensation rights, contact Meuser & Associate at 877-746-5680 or click here to send us an email for a FREE, NO-OBLIGATION case evaluation.

Young Workers Hurt More Frequently On the Job

If you sustain a serious work-related injury when you're young, it can affect you for the rest of your life. Young workers injured on the job should take steps to protect their future workers' compensation rights.

Recent studies show that younger people, ages 15-24, are twice as likely to suffer an on-the-job injury that requires medical care than their older counterparts. Workers between the ages of 18 and 19 have the highest non-fatal injury rate of all workers.

This increased risk of injury among young workers may be due to lack of experience, limited training, and insufficient supervision. Young workers are also less likely to speak up about job safety, to ask for help, to recognize safety hazards, or to speak up if they’re unsure about how to operate equipment or machinery. That puts them at much greater risk for suffering on-the-job injuries.

Young workers may also be hesitant to report work-related injuries for fear of losing their job, or for fear of getting in trouble. Young workers are also much less likely to be aware of what their rights are under the Minnesota Workers’ Compensation Act.

How a young worker handles his or her workers’ compensation claim today can have serious consequences for his or her health, career, and well-being in the future. 

All too often I speak with people who sustained significant work-related injuries years ago when they were in their late teens or early twenties. Some of those people didn’t take steps to protect their workers’ compensation rights, and as a result, they are now facing significant difficulties because of that work-related injury they had when they were younger.

A Minnesota workers’ compensation lawyer can help young workers who are injured on the job take steps today to help protect their workers’ compensation rights in the future. Call Meuser & Associate at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation with a Minnesota workers’ compensation lawyer. 

Portable Ladder Safety: Minnesota Workers’ Compensation

Falls from ladders are a leading cause of occupational injury and death. If you sustain injuries as a result of a fall from a ladder at work, in Minnesota, you are eligible for workers’ compensation benefits, including medical benefits, wage loss benefits, permanent partial disability benefits, and rehabilitation benefits.

About 100 people die as a result of falling from a ladder each year, and ladder falls account for approximately 100 thousand injuries every year. Ladder falls most commonly involve injuries to the elbow and forearm, knee and lower leg, and the head. Fractures as a result of ladder falls most commonly involved fractures to the forearm, lower leg and ankle, and ribs, sternum and thoracic spine.

There are things you can do to avoid falls from ladders, including:

• Avoiding electrical hazards by looking for overhead lines before placing a ladder and avoiding metal ladders and equipment. Inspecting the ladder before use. 
• Don’t use damaged ladders. 
• Don’t use the top step or rung of a ladder unless it was designed for that purpose. 
• Don’t use self-supporting ladders as a single ladder or in a closed position, i.e., don’t lean a closed step ladder up against the side of a house. 
• Use a ladder on stable and level surfaces, or secure it at the top or bottom to avoid movement.
• Don’t place a ladder on top of boxes, barrels, or other unstable objects to obtain additional height. 
• Don’t move or shift a ladder while a person or equipment is on the ladder. 
• Be sure that all locks on an extension ladder are properly engaged. 

For more safety tips, check out OSHA’s Portable Ladder Safety Quick Card. If you’ve sustained injuries as a result of a ladder fall at work, contact Meuser & Associate for a FREE, NO-OBLIGATION case evaluation to learn about your Minnesota workers’ compensation rights.

Call us at 877-746-5680 or click here to send us an email.

Medical Mileage Reimbursement for MN Workers’ Compensation Injuries

One of the workers’ compensation benefits provided to injured workers in Minnesota is reimbursement for medical mileage. 

This is also one of the most frequently overlooked benefits. If you don’t submit your medical mileage to the insurer for reimbursement, they aren’t going to pay it.

The current medical mileage reimbursement rate for travel for medical care or treatment for a work-related injury, on or after July 1, 2011 is 55 ½ cents per mile.  If you’re traveling back and forth to multiple doctor appointments, chiropractor visits, or physical therapy, your claim for medical mileage reimbursement, your mileage reimbursement claim can really add up.

The most challenging aspect to making a claim for medical mileage reimbursement is remembering to keep track of your round trip mileage to and from your appointments, and remembering to periodically submit your mileage to the workers’ compensation insurer for reimbursement.

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

I Received a PPD Payment, Is My Case Closed? Minnesota Workers’ Compensation Permanent Partial Disability

I get calls from injured workers in Minnesota a couple times a month who’ve received a check in the mail from the workers’ compensation insurance company and a Notice of Benefit Payment which indicates that they’re receiving payment for Permanent Partial Disability (PPD) benefits. These folks often have questions about what exactly this payment is for, and how it may affect their rights. 

Usually, the permanent partial disability (PPD) payment is based on a rating that your doctor assigned to your permanent injury. In some cases, insurance companies pay a minimum amount of permanent partial disability benefits if there’s a question as to whether the injured worker may be eligible for a higher rating.

Receiving a permanent partial disability (PPD) payment on a Minnesota workers’ compensation case does not mean that your case is settled or closed. Cashing your PPD payment does not mean that you’ve accepted a settlement, or agreed to close your case. 

Many workers who receive a PPD payment are eligible for additional workers’ compensation benefits. When I speak with injured workers who have questions about a PPD payment they’ve received, I typically try to evaluate:

• Whether the amount of PPD is correct. 
• Whether a maximum medical improvement (MMI) determination is premature. 
• And, whether they may be eligible for additional workers’ compensation benefits. 

A while back, I met with an injured worker for an initial consultation. He had a couple back injuries over the years, and had undergone back surgery. He had been off work due to his back problems for a couple years, which had resulted in progressively worsening neurological problems in one of his legs. He told me that he had settled the monetary benefits on his back injury claims. In the meantime, we decided to pursue a claim for payment of his outstanding medical expenses.

As part of investigation his claim, I obtained copies of his workers’ compensation file from the Department of Labor and Industry. While I found documentation that this gentleman had been paid permanent partial disability benefits for some of his back injuries, I couldn’t locate any documentation of any settlements. The attorneys for the insurance companies involved were also unable to locate any documentation of any settlements. I realized that this gentlemen ASSUMED that he had settled his cases because he had received permanent partial disability payments for his injuries.

In fact, because he hadn’t settled his cases, this gentleman has a substantial claim for wage loss benefits, in addition to his claims for payment of his medical expenses.

The moral of the story is that a permanent partial disability (PPD) payment on a Minnesota workers’ compensation case is not a settlement or a close out of other claims. 

If you’ve received a permanent partial disability (PPD) payment on your Minnesota workers’ compensation case, a workers’ compensation attorney can evaluate whether the payment is appropriate and whether or not you have additional workers’ compensation claims. 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. 

Do I Need A Minnesota Workers’ Compensation Lawyer?

If you’re injured on the job in Minnesota, in most instances, you are covered by workers’ compensation insurance which provides  medical expense benefits, wage loss benefits, permanent partial disability benefits, and/or rehabilitation benefits. 

In an ideal world, all Minnesota workers who are hurt at work would automatically get all the benefits they are entitled to under the law. Unfortunately, in most Minnesota workers’ compensation cases, it’s not a matter of IF the workers’ compensation insurer will dispute your claim – it’s a matter of when.

Meuser & Associate represents injured workers thorough the State of Minnesota for a variety of on-the-job injuries, including neck injuries, back injuries, carpal tunnel syndrome, traumatic brain injuries, shoulder injuries, crush injuries, spinal cord injuries, ankle injuries, burns, and catastrophic injuries.

If the workers’ compensation insurance company is paying on my claim, why do I need a Minnesota workers’ compensation lawyer? 

Even injured workers who are currently receiving workers’ compensation benefits are well advised to take advantage of a free, no-obligation consultation with a Minnesota workers’ compensation attorney.

As a rule, once you’ve sustained a work-related injury, you are a liability for your employer and their workers’ compensation insurance company. At all stages of your case, the insurance company is looking for ways to minimize the cost of your claim. Even on admitted workers’ compensation claims in Minnesota, where the insurance company has acknowledged responsibility for payment of benefits, there are dozens of ways they can seek to cut you off, undermine your rights, and minimize your entitlement to claims.

For example, workers’ compensation insurance companies often:

• Contest everything about your case, including the reasonableness and necessity of your medical care, your entitlement to wage loss benefits, or even whether or not you were actually hurt at work. 
• If given the opportunity, refer you to a short list of doctors who will minimize the seriousness of your injuries, provide minimal medical care, or push you to return to unrestricted work too soon. 
• Delay or deny your access to treatment with a specialist, diagnostic testing, or surgery. 
• Cut off your wage loss benefits in the hopes that the delay in your receipt of monetary benefits will “starve you out” and force you to accept a settlement for pennies on the dollar. 
• Underpay on wage loss benefits or permanent partial disability benefits, either intentionally or unintentionally. 
• Neglect to tell you about your right to rehabilitation benefits, or permanent partial disability benefits. 
• Wait for you to make a mistake on your claim that will give them a basis to cut you off. 

Even loyal, hardworking employees who have worked for the same employer for years, sometimes discover a dramatic change in attitude in their supervisors if they’ve sustained a work-related injury.

If you’ve suffered a serious work-related injury, everything you’ve worked for can be at risk, including your financial security, your career, and most importantly, your health. A good Minnesota workers’ compensation lawyer can help you navigate the process and help you protect your rights.

An injured worker should never rely on the workers’ compensation insurance company to protect his or her best interests. Being informed about your Minnesota workers’ compensation rights is your first step to protecting your interests. For a free, no-obligation workers’ compensation consultation to learn more about your rights, call Meuser & Associate at 877-746-5680 or click here to send us an email. 

Treatment for Burn Injuries

Severe burn injuries caused by car accidents or workplace accidents, often require hospitalization. Burn injuries are treated with a variety of types of treatment. For example, treatment may include: 

• Topical treatments with antibiotics. Patients with severe burn injuries are susceptible to viral and bacterial infections. Topical antibiotic medications may be applied to the skin to speed the healing process, to minimize scarring, and to prevent infection. 
• Bandages. Serious burns typically need to be bandaged to prevent infection, and to allow the wound to remain clear of fluids and pus. Bandages also help reduce pain and keep the skin and body part immobilized during healing.
• Pressure garments. Pressure garments are often worn on a burned area during the healing process to help prevent excessive scarring. 
• Elevating burned areas. Elevation helps minimize swelling of the affected limb. In severe burns, fluid often accumulates in the wounded area, causing swelling. Swelling can complicate a burn injury because the affected area can develop high levels of pressure and blood flow problems. 
• Surgical cuts or escharectomies. This procedure helps reduce excess pressure under the skin in a burned limb. 
• Skin grafts. This procedure involves transplanting a piece of skin from one area of the body to another. 
• Synthetic skin grafts. If a large portion of a victim’s skin is burned, synthetic skin may be used instead of the victim’s own skin. 
• Physical therapy. During healing, scar tissue is formed. To help keep the newly formed skin flexible for normal movement, burn victims may participate in rehabilitation and physical therapy. If the burn extends through the skin into the muscle tissue, more intensive physical therapy may assist in a patient’s recovery. 
• Dermabrasion. This is a surgical procedure to improve or minimize the appearance of scars, restore function and correct disfigurements as a result of a burn. 

If you’ve suffered burns as a result of a motor vehicle accident, in Minnesota, your auto insurance company is obligated to pay for up to $20,000.00 for your medical expenses. These are known as personal injury protection benefits. In addition to claims for your past and future medical expenses, you may be able to make a claim for past and future wage loss and past and future pain and suffering as part of a civil liability claim against the at-fault driver.

If you suffered burn injuries as the result of a workplace accident, you may be eligible for Minnesota workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits, and rehabilitation benefits.

If you’ve suffered a burn injury as the result of a car accident or workplace injury, a Minnesota personal injury lawyer or workers’ compensation lawyer can help you through the process of making sure you get the benefits you’re entitled to. For a free, no-obligation consultation, contact Meuser & Associate at 877-746-5680 or click here to send us an email.

Preventing Work-Related Back Injuries

Back injuries are the most common work-related injuries we see in our Minnesota workers’ compensation law practice. According to the Bureau of Labor Statistics, back injuries account for 1 in 5 workplace injuries/illnesses. Back injuries are painful and debilitating. After you’ve sustained a back injury, you’re more likely to suffer a re-occurrence or re-injury of your back in the future. 

Risk factors for back injuries include:

• Improper lifting or lifting objects that are too heavy. 
• Repetitive motions that lead to muscle fatigue and injury or gradual wear and tear. 
• Poor posture while sitting, standing, or performing job activities. 
• Stress, which can lead to muscle tension and back pain. 
• Age-related wear and tear. 
• Excess weight, which puts extra strain on the back. 
• Presence of other diseases, such as arthritis or degenerative disc disease. 
• Cigarette smoking which increases the risk of low back pain and slows healing of injuries.

Preventing work-related back injuries involves taking simple precautions. For example:

1. Learning and using safe lifting techniques.
2. Using mechanical lifting aids when possible. 
3. Improving posture while sitting, standing, or performing work activities. 
4. Using ergonomically-appropriate chairs, equipment, and materials to avoid awkward postures and reaching. 
5. Changing positions frequently. 
6. Taking mini-breaks, especially while performing repetitive tasks. 
7. Minimizing bending and reaching. 
8. Managing and reducing stress. 
9. Maintaining a healthy weight. 
10. Improving overall wellness by eating well, sleeping enough, and getting regular exercise.
11. Adopting an exercise routine focusing on strengthening the back and abdominal muscles. 

If you hurt your back at work in Minnesota, you may be eligible for workers’ compensation benefits, including wage loss benefits, medical expense benefits, permanent partial disability benefits, and/or rehabilitation benefits. Don’t let an on-the-job back injury ruin your health or your career. For a free, no-obligation Minnesota workers’ compensation case consultation, contact Meuser & Associate at 877-746-5680 or click here to send us an email. 

Does MN PERA Cover PTSD and Other Psychological Conditions?

I spoke with a Minnesota police officer recently who asked me whether or not Post-Traumatic Stress Disorder (PTSD) was covered for Public Employees Retirement Association (PERA) Police and Fire Plan Duty Disability Benefits. 

I explained that, yes, psychological conditions are specifically enumerated under the PERA Duty Disability statute, meaning that they are specifically covered. This police officer had been involved in some extremely high-stress incidents in the last few years, and had started to exhibit symptoms consistent with Post-Traumatic Stress Disorder (PTSD). His doctors are telling him that he can no longer work in law enforcement due to his condition. He was obviously concerned about what his options were in the event that he could not continue working as a police officer.

Interestingly, before calling me, he had talked to “some people” who told him that psychological conditions weren’t covered by PERA. First off, I’m glad he called. If he had relied on what “some people” told him, he wouldn’t be aware that he’s eligible for 60% of his high-five salary, tax free, through age 55, plus continued health insurance through his employer. These benefits are potentially worth hundreds of thousands of dollars to him. 

Police officers and firefighters in Minnesota who are covered under the Public Employees Retirement Association (PERA) Police and Fire Plan are eligible for disability benefits in the event that they are unable to perform their normal duties. There are two basic types of disability benefits under the PERA Police and Fire Plan: Duty and Regular.

Duty disability benefits. Duty disability pays at a basic rate of 60% of police officer or firefighter’s average high-five. Qualification for duty disability also entitles a police officer or firefighter to continued health insurance under Minn. Stat. § 299A.465.

PERA duty disability is defined as follows:

"Duty disability," physical or psychological, means a condition that is expected to prevent a member, for a period of not less than 12 months, from performing the normal duties of the position held by a person who is a member of the public employees police and fire plan, and that is the direct result of an injury incurred during, or a disease arising out of, the performance of normal duties or the actual performance of less frequent duties, either of which are specific to protecting the property and personal safety of others and that present inherent dangers that are specific to the positions covered by the public employees police and fire plan. 

Regular disability benefits. Regular disability is paid at a base rate of 45% of a police officer or firefighter’s high-five salary. Individuals who qualify for regular disability are not eligible for health care continuation under Minn. Stat. § 299A.465.

PERA regular disability is defined as follows: 

"Regular disability," physical or psychological, means a condition that is expected to prevent a member, for a period of not less than 12 months, from performing the normal duties of the position held by a person who is a member of the public employees police and fire plan, and which results from a disease or an injury that arises from any activities while not at work, or while at work and performing those normal or less frequent duties that do not present inherent dangers that are specific to the occupations covered by the public employees police and fire plan. 

Unfortunately, police officers have a high incidence of Post-Traumatic Stress Disorder (PTSD) as the result of experiencing disturbing, dangerous, and traumatic situations. Due in large part to increased awareness about the psychological effects of dealing with traumatic and stressful situations, more and more Minnesota police officers are seeking treatment for Post-Traumatic Stress Disorder.

If you’re a Minnesota police officer who is suffering from Post-Traumatic Stress Disorder as a result of experiencing traumatic incidents in the line of duty, and you cannot return to work in law enforcement due to your condition, you may be eligible for PERA duty disability benefits.

Don’t rely on “some people” to give you legal advice about your rights to hundreds of thousands of dollars’ worth of benefits PERA disability benefits. Speak with a PERA lawyer about your rights. There’s simply too much at stake to risk trying to figure it out on your own, or to risk depending on the advice of “some people.” 

Meuser & Associate has represented dozens of police officers and firefighters throughout the State of Minnesota in conjunction with claims for PERA disability benefits. We’ve also successfully secured PERA duty disability benefits on behalf of a number of police officers suffering from Post-Traumatic Stress Disorder (PTSD) as a result of in-the-line of duty psychological trauma. For a free, no-obligation legal consultation to learn about your rights, call Meuser & Associate at 877-746-5680 or click here to send us an email to schedule an appointment with Jen or Ron.