Do I Need an Attorney for Workers’ Compensation?

Often, workers injured on the job feel confident that their company or business will help them recover medical bills, rehabilitation costs, and any other payments required due to their accident. It’s true that in some cases, the injured party has the right to a cash settlement without seeing an attorney. But, many times, claims can become complicated, and he or she may need an attorney.

Employee’s Claim Petition

In Minnesota, the Office of Administrative Hearings Workers’ Compensation Division does use this type of paperwork when filing a claim for an injury on the job. But most lawyers agree that it is necessary to ask for guidance to ensure that the worker does not have to be worried about getting the compensation he or she is due.

A voluntary offer of settlement often can be as little as one-fourth of what your case is worth without having a lawyer represent you. Your compensation is giving you benefits you are entitled to under the law.

The Person You Hire to Assist You Should be a Lawyer

Unless you have a law degree, you may not know that employers could minimize the weekly benefits you should receive. An attorney will explain to you that you are entitled to 70 percent of your average weekly payment (up to a yearly maximum) from your compensation carrier distributed as weekly benefits if an authorized workers’ compensation physician keeps you out of work for over seven days. When you have proper legal assistance, you may receive less than what you are entitled to under the law. Your lawyer can check up on the carrier to make sure you receive your benefits and ensure that you are receiving overtime wages when they calculate your average weekly salary.

What Will Happen if I am Out of Work for a Long Time?

If you are injured and remain unable to work, can a lawyer help you continue to get benefits? The Department of Labor and Industry explains that the primary benefits of workers’ compensation fall into three parts:

1. Wage-loss Disability Benefits

The waiting period encompasses consecutive calendar-days, not workdays.

The first day of the disability is the first day of the waiting period.

Disabilities (claimed lost time or wages), including even a part of a day, is deemed the first day of disability, whether or not the employees are paid in full by the employer for that day or not.

There are more explanations, time limits, regulations, and legal jargon included in the government disability benefits. Because the limitations and restrictions can get quite confusing, most individuals choose to ask for an attorney’s help.

2. What Do I Do if an Insurance Company is Trying to Settle Out-of-Court?

Insurance companies may attempt to offer you less than you deserve based on your injury. Some insurance companies may try to deny compensation. You need to speak with an attorney if this happens. Again, it is your right to get the benefits and compensation you need.

3. What if I Have Medicare?

Medicare cannot pay for items or services that workers’ compensation will pay promptly. But Medicare may make a conditional payment if the workers’ compensation insurer denies payment for the worker’s medical bills pending a review of your claim. The workers’ compensation insurance must repay Medicare if they get a settlement, judgment, award, or other payment later. You may need an attorney to help with the complex vocabulary and understand the government policies and explanations you must muddle. The knowledge and input you receive from an experienced lawyer are invaluable when you have an on-the-job injury.

4. What Happens if the Carrier Does Not Follow the Actions Prescribed by the Authorized Doctor?

The carrier is responsible for providing everything the authorized doctor prescribes. Suppose your insurance carrier does not give the medication or referrals prescribed by your doctor. In that case, your attorney can file a motion with the Workers’ Compensation Court to authorize whatever treatment the doctor prescribes.

5. Can Workplaces Improve the Safety of their Workplaces?

If a business does not have workers’ compensation, and an employee sustains an injury on the job, the company may be liable for medical expenses that the worker incurs. There may also be fines and penalties for noncompliance.

Suppose a business has not taken proper steps to ensure that the possibilities of injury are acceptable. In that case, employers can turn to the Minnesotan Occupational Safety and Health Administration (OSHA‘s) Workplace Safety Consultation (WSC). This organization provides free voluntary and confidential workplace health and safety assistance to Minnesota businesses.

Although OSHA enforces the Occupational Safety and Health Act, much of OSHA regulations’ backbone requires employers to keep workplaces safe and keep workplaces safe. Employers who fail to follow OSHA violations are subject to substantial fines. Some courts have held that a willful OSHA violation can be a point to consider when determining whether such a breach occurred.

Patterson Dahlberg Injury Lawyers

With over $120,000,000 in recoveries for our clients, we feel that we have proven ourselves to be motivated, dedicated, and helpful to those who need our assistance. If you need assistance in acquiring workers’ compensation for a work injury, we can help you get what you need to get back on the job. We are going to:

  • Consult with you about your case at no charge
  • Explain your rights and what to expect.
  • Calculate what your benefits should be
  • Protect your rights by leading you through the legal minefields to avoid misunderstanding what insurers or physicians are saying
  • Insist that every document and any information received from your healthcare provider, your employer, and the worker’s compensation insurer is filed and held safely
  • Ensure that you receive rehabilitation, health care, psychological intervention, and anything else that is important for your recovery

If you have experienced an impairment while on the job, our Rochester Workers’ compensation attorneys can help, and you can count on it. Call us as soon as possible. We want to get started on creating a better future for you.