Workers’ Compensation Frequently Asked Questions
At Meshbesher Law Firm, we are often asked questions about the workers’ compensation claim process during initial consultations.
Below are just a few of the questions we get from workers from across Minnesota who are hurt on the job:
What Should I Do First After Getting Injured On The Job?
Your first step is to report the injury to your employer. If your employer refuses to fill out an accident report, you should send them an email making note of the injury and then file a First Report Of Injury form with the Minnesota Department of Labor and Industry. Afterward, seek immediate medical attention.
Who Pays My Medical Bills And Wage Loss?
Your employer’s workers’ compensation insurance will pay for your reasonable and necessary medical bills and, subject to certain maximum and minimum rates, two-thirds of your former weekly wage for so long as you are off work. If you return to work at a reduced rate of pay, you should receive two-thirds of the difference between your pre-injury and post-injury wages. Wage loss is subject to certain durational limits.
My Employer Won’t Tell Me Who The Workers’ Compensation Insurer Is
Sometimes employers will try to get out of having to pay on a workers’ comp claim by refusing to cooperate. This may take the form of refusing to fill out the proper paperwork and refusing to give you the name of their insurer. This can seriously damage your ability to receive compensation. The Minnesota Department of Labor and Industry may impose penalties and fines upon employers for failure to follow workers compensation law. If your employer is refusing to cooperate, call the Meshbesher Law Firm.
Do I Need A Lawyer?
Yes. Even if your benefits have not yet been discontinued, having a lawyer can ensure that the proper benefits keep coming. The insurance company for your employer may not operate in your best interest. The effects of a work injury can extend far into the future. Having a lawyer to represent your interests is often crucial to getting a fair recovery.
How Long Is This Going To Take?
A workers’ comp case’s length can vary widely depending upon what type of problem needs to be fixed. For example, if your wage loss benefits have been discontinued on a Notice of Intent to Discontinue, steps can be taken to get your temporary total disability benefits reinstated immediately. If a claim petition must be filed it can take up to a year to get to a hearing.
Some cases can be resolved quickly, and others will take discovery, depositions, mediation and ultimately a hearing to resolve. We can help you determine how long your particular case is likely to take.
What Is This Going To Cost?
Minnesota law governs workers’ compensation fees. Fees are only charged on a case with disputed benefits. Your lawyer receives 20 percent of the first $130,000 recovered with a maximum fee, in most circumstances, of $26,000.
The Meshbesher Law Firm works on the statutory contingent fee basis on workers’ compensation claims. If we do not get you a recovery, you do not owe us for the time we spend working on your case. Costs are typically paid by the employer/insurer in a workers’ compensation case.