Minnesota Workplace Accident and Injuries Lawyer
When you are injured on the job in Minnesota, your sole avenue of recovery, with certain narrow exceptions, is workers’ compensation. The benefits you receive through workers’ compensation are spelled out in Minnesota Workers’ Compensation Act. When injured on the job, you do not have to prove that the injury was the fault of your employer; you do not need to prove that your employer was negligent in any way. Rather, it simply has to be demonstrated that your injury or occupational disease arose out of your work and in the course of your employment.
In part because you do not need to prove negligence, the benefits available to you under the Workers’ Compensation Act are limited. Your employer or your employer’s insurance Company must provide you with medical care reasonably required to cure and relieve the effects of the work injury. In addition, if you are unable to work at all or as much due to your injury, your employer or your employer’s insurance company must, with various limitations, provide you with wage loss benefits including Temporary Total Disability (TTD); Temporary Partial Disability (TPD); and Permanent Total Disability (PTD).
Your employer/insurer must also provide you with Vocational Rehabilitation to help you return to work or, if you are unable to return to your former job, help you find alternative work. This may include the assistance of a Qualified Rehabilitation Consultant (QRC) of your choice; assistance with vocational testing, job search and placement; and, in certain situations, retraining.
Finally, under the Workers’ Compensation Act, injured workers unfortunately do not receive compensation for pain and suffering, loss of enjoyment of life, or other non-economic losses. You are, however, eligible to receive Permanent Partial Disability (PPD) benefits. This is based on a PPD rating, typically assigned by your doctor once you have reached Maximum Medical Improvement (MMI), the point at which no further significant recovery or improvement can be expected.
In certain circumstances, typically where the negligence of a third party (not your employer) causes or contributes to your injury, you may be able to bring a civil claim outside of the Workers’ Compensation Act in addition to your workers’ compensation claim.
In order to make sure that you receive all the benefits to which you are entitled, be sure to contact an experienced Minnesota Workers’ Compensation Lawyer at the Meshbesher Law Firm at (612) 349-5215.
by Angela Meshbesher