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Bloomington Workers’ Compensation Lawyer

If you suffer a workplace injury, the physical, emotional, and financial strain can be overwhelming. We understand the challenges and frustrations that may arise while dealing with your injury and seeking the benefits you’re entitled to. Whether it’s handling medical bills, lost wages, or navigating the workers’ compensation claims process, hiring a Bloomington workers’ compensation lawyer can help secure timely benefits.

The attorneys at Schmidt-Salita Law Firm have dedicatedly helped and guided injured workers through the Minnesota workers’ compensation system to secure the benefits they deserve. Let us alleviate the burden of legal and procedural hardships so you can focus on healing and recovery. Reach out to our legal team today to explore your options, understand your rights, and take the right step toward securing justice.

bloomington workers compensation lawyer

Steps to Take After a Workplace Injury

If you’ve been injured on the job, taking the right steps immediately can protect your health and ensure you are on solid ground when filing for workers’ compensation. Here are the steps that we recommend taking immediately after sustaining an injury or illness at work:

Report the Injury

Minnesota law requires you to notify your employer of a work-related injury in 14 days. Failing to report your injury could jeopardize your claim. Even if you think the injury is minor, don’t fail to inform your employer or supervisor in writing.

If you need emergency medical help, take care of that first, but let your employer know as soon as you can. Provide accurate details about your injuries to your employer, who will then complete a First Report of Injury (FROI) form and forward it to the Minnesota Department of Labor and Industry (DLI).

Seek Medical Attention

After being injured, obtain medical care immediately. A medical evaluation ensures the injury is documented, which is essential when filing your workers’ compensation claim. Make sure to tell your healthcare provider that the injury occurred at work so they can accurately document the cause.

Document Everything

Keep thorough records of the incident, including the time and place of the injury, witnesses, and all other relevant details. Additionally, maintain copies of all medical records, doctor’s notes, and any communication you have with your employer about the injury.

File a Workers’ Compensation Claim

After notifying your employer, they should provide the necessary forms for filing a workers’ compensation claim. It’s essential to complete these forms accurately and promptly to avoid any delays in receiving benefits.

Consult a Workers’ Compensation Attorney

While not legally required, having an attorney review your case can help prevent potential pitfalls. Workers’ compensation claims often involve challenges like denials and retaliatory actions by employers. However, a lawyer will ensure your rights are protected while you seek the benefits.

What is Workers’ Compensation?

Workers’ compensation is a state-mandated insurance program designed to offer benefits to employees who suffer work-related injuries or illnesses. In the workplace, unpredictability is a given. Accidents can and do happen, and workers’ compensation comes in to offer financial support and medical care if you get sick or injured on the job.

In Minnesota, employers are required by law to carry workers’ compensation insurance (Minnesota Statutes 176.181, subd. 2). This insurance is fully employer-funded, so you, as an employee, don’t have to pay into it. Benefits, whether weekly cash payments or medical aid, are managed by your employer’s insurance provider and overseen by the Workers’ Compensation Board.

What’s interesting about workers’ compensation is that it doesn’t matter who’s at fault for the accident. Your compensation won’t be reduced if you were negligent, nor increased if the employer was at fault. However, you lose the right to workers’ compensation if the injury is due to drug or alcohol use or if it’s self-inflicted with intent to harm.

What Benefits Are Available in the Minnesota Workers’ Compensation Program?

The Minnesota workers’ compensation offers a variety of benefits tailored to meet the unique needs of each worker, depending on the severity and long-term effects of the injury. Here are the benefits you may be entitled to:

Medical Benefits

Minnesota workers’ compensation covers all reasonable and necessary medical expenses related to your injury. These medical benefits involve both emergency care and long-term treatments. These include:

  • Surgeries
  • Doctor visits
  • Hospital admissions
  • Physical therapy
  • Chiropractic care
  • Medications
  • Specialized treatments needed for recovery
  • Medical devices such as wheelchairs, prosthetics, and other assistive technologies

These benefits ensure that your immediate and ongoing medical needs are addressed without the stress of out-of-pocket costs.

Temporary Total Disability (TTD)

If your injury prevents you from working temporarily, you may qualify for TTD benefits. These benefits are meant to replace a portion of your lost wages while you are unable to work.

TTD payments are generally set at two-thirds of your average weekly wage, up to a certain limit determined by the law. These payments continue until you are able to return to work or when your doctor determines that further recovery is not expected.

Temporary Partial Disability (TPD)

If you can return to work but only in a limited capacity or in a lower-paying position due to your injury, TPD benefits are available to help offset your reduced earnings. These benefits compensate you for the difference between your pre-injury wages and your current lower income. TPD is designed to ease the financial burden of a prolonged recovery period while you adjust to a different role or schedule.

Permanent Partial Disability (PPD)

When a work-related injury results in permanent physical or functional impairment, PPD benefits provide compensation based on the extent of your disability. The amount of PPD you receive is calculated using a disability rating system, which assesses the degree of impairment you’ve suffered. Payments are typically made in a lump sum or can be spread out over time, and are intended to provide some measure of financial stability for the lasting impact of your injury.

Permanent Total Disability (PTD)

If your injury is so severe that you are unable to return to any form of work, PTD benefits may be available. PTD payments are usually set at two-thirds of your average weekly wage and may continue for the remainder of your life.

This benefit offers ongoing financial support for workers who are no longer able to engage in gainful employment due to a disabling work injury. These benefits can provide long-term economic security, particularly in cases where no further medical improvement is anticipated.

Vocational Rehabilitation

For workers whose injuries prevent them from returning to their previous jobs, vocational rehabilitation services are available. These services may include job counseling, skills assessments, and retraining programs designed to help you transition into a new career or occupation.

The goal of vocational rehabilitation is to provide you with the necessary skills and training to find suitable employment within your physical capabilities. This ensures that you can continue to provide for yourself and your family despite your injury.

Wage Loss Benefits

Wage loss benefits in Minnesota help compensate workers who experience a long-term reduction in their ability to earn wages due to their injuries. These benefits are designed to cover the gap between what you were earning before the injury and what you are capable of earning post-injury.

Wage loss benefits apply when you return to work but cannot earn the same income as before your injury. These benefits may be available under both TPD and PPD, depending on the nature of your impairment.

Who Can Apply for Workers’ Compensation?

Nearly every employee in Minnesota is covered under the state’s workers’ compensation laws. This includes full-time, part-time, and seasonal workers, as long as they are classified as employees under Minnesota law. 

Employees covered by workers’ compensation are eligible for benefits if they suffer any injury or illness that arises out of and in the course of their employment. Workers may also be compensated for occupational diseases caused by exposure to harmful chemicals.

However, some employee categories are exempt from workers’ compensation benefits. These categories include:

  • Undocumented staff
  • Household employees, such as nannies and caregivers
  • Agricultural laborers
  • Temporary laborers, such as migrant farm workers
  • Independent contractors
  • Freelancers

We strongly advise contacting an attorney to assess your employment status when considering a workers’ compensation claim.

How Long Do I Have to File for Workers’ Compensation?

Minnesota’s statute of limitations for workers’ compensation claims is three years from the time you file the First Report of Injury (FROI). If you seek compensation through a personal injury claim, you have only six years from the date of injury to bring your claim.

Note that you must notify your employer of the injury within 14 days of the accident, or your claim could be denied. If you notify your employer within 30 days, you may still be eligible for benefits, but any delay beyond 30 days could significantly impact your case unless you have a valid reason for the delay.

However, we recommend filing your claim promptly. This is because taking early action allows you to gather fresh evidence, such as witness testimonies, more easily.

Should I Hire a Workers’ Comp Attorney?

Whether to hire a workers’ compensation attorney or not depends greatly on your unique situation. For instance, you might consider to work without a lawyer in the following circumstances:

  • If your injury is minor, such as a small cut or a twisted ankle, and your employer acknowledges it happened at work.
  • If you missed little or no work and don’t have a pre-existing condition affecting the same body part.

However, even in such straightforward cases, we strongly recommend consulting with an attorney for a free evaluation of your unique case. A lawyer can help you greatly in case of the potential pitfalls, such as:

  • If your employer denies your claim or delays benefits, an attorney can help appeal and secure rightful compensation.
  • If the settlement doesn’t cover all lost wages or medical bills, an attorney can negotiate a better deal.
  • For cases involving permanent injuries, an attorney will ensure you receive compensation that reflects the damage.
  • If you face discrimination or retaliation for filing a claim, legal representation can help avert such pitfalls.
  • An attorney can structure settlements to avoid reducing Social Security disability payments.
  • If your case involves suing outside the workers’ comp system, such as when a third party is involved, an attorney can help file a personal injury claim.

Consult Our Bloomington Workers’ Compensation Attorneys Today

If you’ve been injured at work, you can take the necessary steps to get your life back on track. The Bloomington workers’ compensation is meant to ease your burden following a work-related injury or illness. At Schmidt-Salita Law Firm, we are equipped with the knowledge to help you make the right decisions to secure your deserved benefits.

Our Bloomington workers’ compensation attorneys have the experience and skill to handle any challenge with your claim to ensure a successful outcome. We don’t want legal issues to distract you from your recovery when we can manage all the possible drawbacks. Get in touch with us today for a free consultation on your case.