When Do I Have a Workers’ Comp Case?

machine shop worker

Workers’ compensation claims vary somewhat from traditional personal injury claims. Typically, workers’ compensation kicks in automatically any time you suffer an injury on the job. It pays a set percentage (in Minnesota, it’s 2/3 of your weekly income) of your wages and pays for any medical bills accrued as a result of your injury.

You can file a workers’ compensation claim any time you suffer injury on the job. If you are on the clock at the time of the injury, especially while performing work-related duties, workers’ compensation will help take care of many of the expenses associated with your recovery.

Unfortunately, not every workers’ compensation case moves smoothly, in spite of the fact that Minnesota law clearly designates when workers have the right to workers’ compensation and what they deserve in compensation for their injuries. Many people, after suffering an injury at work, still have to work with an attorney to file a case against their employer or the company that handles workers’ compensation for that company.

1. Your insurance company will not approve needed treatment for your injuries.

When you suffer an injury at work, workers’ compensation pays the bills for all of your needed medical treatments: visits with a doctor, surgery, physical therapy, occupational therapy, and more. Unfortunately, in the case of serious injury, especially injury that may result in permanent disability, the insurance company may refuse to pay for the treatment you need.

You have the right to the same level of treatment when paying for your medical treatment with workers’ compensation that you would receive if you used another form of insurance for your medical care. If you cannot get approval for needed medical treatment, in spite of hearing from a doctor that you need that treatment or knowing that you have received inadequate care, you may need an attorney to help you file a claim.

2. You struggle to get a proper diagnosis from the doctor approved by the workers’ compensation insurance company.

As a patient injured at work, you may have to use a specific doctor or doctors approved by the workers’ compensation insurance company to take care of your diagnosis and treatment. In some cases, those doctors might work directly with the company to minimize your diagnosis, denying you needed assistance and treatment. When you suffer injury at work, you have the right to an independent examination from another doctor, chosen by you. If that doctor comes back with a completely different diagnosis that may change the course of your treatment and impact the quality of your life, you may need to file a workers’ compensation claim.

3. Your employer tries to force you to return to work too soon, or without reasonable accommodations.

Following an injury at work, your employer wants you back at work in your usual capacity as soon as possible. In some cases, your employer may try to circumvent your doctor’s instructions and force you to return to work sooner than you physically can. In others, your employer might fail to provide you with the reasonable accommodations you need to perform your work responsibilities comfortably in spite of your injuries.

4. You do not receive your payments on time.

Your bills do not end or even decrease just because you suffered an injury at work. In many cases, your bills may actually increase during this difficult period. If your checks do not arrive on time, you may struggle to pay your bills and take care of your financial responsibilities. Filing a claim can help get those funds back in your hands as well as providing reparation for fees and fines you faced due to late checks.

After suffering serious injuries in an accident at work, you deserve reasonable treatment from your employer and the workers’ compensation company. If you have received unreasonable treatment or struggle to get the payments or accommodations you deserve, contact us today to learn more about how we can help.