Duluth Workers’ Compensation Lawyer

If you have been injured at work, you should expect workers’ compensation insurance to offer you benefits for your medical costs and earnings lost due to the injury. While the system is meant to provide a seamless experience, it is not uncommon to experience challenges that may result in your losing important benefits. Therefore, it is in your best interest to seek professional help to secure the benefits available to you.

At Schmidt-Salita Law Firm, our attorneys have represented injured workers for over seven decades, helping them secure their deserved benefits. A Duluth workers’ compensation lawyer can help protect your rights as you pursue your workers’ comp benefits. In the face of the medication bills and lost wages, we’ll do our best to ensure you obtain timely benefits, and we’ll aggressively deal with any hurdles that may try to jeopardize your success.

Common Injuries That Happen in the Workplace

Workplace injuries can range from minor to severe and can occur in virtually any industry. According to injury facts, here are the top injuries and exposures witnessed in workplaces:

Slip, Trip and Fall Injuries

These accidents are common in many settings, especially in transportation, warehousing, and agriculture. These injuries majorly take three forms, namely:

• Injuries that occur when workers find themselves slipping or tripping without actually falling.
• Falling, tripping, slipping, or colliding with objects on the same level, such as when seated.
• Injuries due to falling to a lower level, such as collapsing structures, breaking through surfaces, and tumbles from roofs, scaffolding, ladders, and other elevated platforms.

These types of injuries occur at a rate of 22.6 per 10,000 full-time workers, with individuals aged 55 and over being most at risk.

Overexertion Injuries

Often seen in physically demanding jobs, overexertion can lead to strains, sprains, and other musculoskeletal disorders. These injuries come from excessive physical effort directed at an outside source, such as carrying, throwing, holding, pushing, and lifting.

Additionally, microtasks without strenuous effort may also lead to strain on some body parts. The repetitive nature of these tasks may cause stress, causing injuries such as carpal tunnel syndrome and tendinitis.

Overexertion injuries occur at a rate of 26.2 per 10,000 full-time workers, with individuals aged 45 to 64 being the most at risk. The transportation and warehousing industry is particularly vulnerable to these types of injuries.

Injuries from Contact with Objects and Equipment

Workers operating heavy machinery face the risk of serious injuries from coming into contact with such equipment. Contact with objects and equipment may involve:

• A moving object hitting a worker.
• A worker’s body part is squeezed, crushed, pinched, or compressed in equipment.
• A worker is caught, struck, or crushed in a collapsing structure, equipment, or material.
• A worker suffering injury due to friction or pressure between themselves and the source of harm.
• A worker colliding with, bumping into, stepping on, kicking equipment, or being pushed or thrown against an object.
• A worker sustaining injury from vibration.

Injuries from Exposure to Harmful Substances

Exposure to harmful substances includes working while exposed to harmful chemicals and environments. The most affected industries include health care and social assistance. Mostly, workers suffer injuries due to exposure to the following:

• Electricity
• Noise and radiation
• Extreme temperatures
• Water and air pressure change
• Contagious and infectious diseases
• Oxygen deficiency
• Stress and traumatic events

The injury rate for workers exposed to harmful substances is reported to be 31.9 per 10,000 full-time workers.

What Types of Work Injuries Are Covered by Workers’ Compensation?

Workers’ compensation insurance is designed to offer financial protection and support for employees who experience work-related injuries or illnesses. A work-related injury is any harm that occurs while an employee is performing their duties or engaging in activities on behalf of their employer.

A work-related injury can happen on the employer’s premises or at any location where work tasks are being carried out. The key factor is that the injury must arise out of and in the course of employment. Also, for an injury to be compensable, it must limit your ability to engage in an income-earning activity.

Examples of compensable injuries include:

• Physical injuries. This involves a wide range of injuries, from fractures and lacerations to more serious conditions like traumatic brain injuries.
• Occupational diseases. Conditions that develop over time due to work-related exposure, such as asbestosis or chemical poisoning, are also covered.
• Psychological injuries. If a workplace incident causes mental health issues, such as anxiety or post-traumatic stress disorder (PTSD), you may be eligible for benefits.
• Aggravation of pre-existing conditions. If an employee has a pre-existing condition that worsens due to the work environment or duties, it might be covered under workers’ compensation.

Sometimes, the workers’ compensation insurance may cover injuries from company-sponsored events, even if alcohol is involved, or from certain acts of “horseplay” among employees. However, these can be contentious and vary by jurisdiction. Therefore, you may have to consult with a Duluth workers’ compensation lawyer to help clarify your specific situation.

Do I Have to Report My Injury at Work?

An employee is responsible for reporting any injury sustained in the workplace. Reporting your injury is a critical step in the workers’ compensation process. In Duluth, Minnesota, you’re supposed to inform your employer not later than 30 days after an injury. However, it is recommended to report to your employer as soon as possible.

When reporting your injury, be sure to:

• Provide detailed information about how the injury occurred.
• Document the witnesses who can corroborate your account.
• Fill out all necessary accident reports as required by your employer.

Your employer is responsible for notifying their insurance carrier about your injury, but it’s crucial to keep your own records of everything you submit or communicate regarding your injury.

How Long Does a Workers’ Compensation Claim Take?

The timeline for a workers’ compensation claim can vary significantly depending on various factors, including the complexity of the case and the state’s regulations. Generally, here is what to expect:

• Initial reporting. After reporting your injury, your employer will notify their insurance company. This process typically happens within a few days.
• Investigation. The insurance company will investigate the case to determine the validity of your claim. The insurer might ask you to undergo an Independent (or Adverse) Medical Examination or Evaluation (IME/AME). This can take several weeks to a few months.
• Benefit payments. If your claim is approved, you can expect to receive benefits within a few weeks after the approval. However, if there are disputes, the process may prolong until you probably hire an attorney to undertake follow-up.

In some cases, claims can be resolved relatively quickly, while others may take months or even years, especially if disputes arise. Consulting with a Duluth workers’ compensation attorney can help expedite the process and ensure your claim is handled efficiently.

How Long Do I Have to File a Workers’ Compensation Claim?

The time limit to file a workers’ compensation claim varies by state, but it typically ranges from 30 to 180 days from the date of your injury. In Minnesota, you have 14 days to notify your employer of your injury or up to 30 days if your employer is okay with the delay (Ch. 175-189 Sec. 176.141 & 145). Also, note that you have three years from the date of your injury to file a claim for benefits (Ch. 175-189 Sec. 176.151).

Then, your employer has 10 days to complete the first report of injury after learning of the injury. Missing these deadlines can result in losing your right to benefits, so you must act promptly. Seeking help from a workers’ compensation lawyer in Duluth can help ensure you meet all necessary deadlines and comply with the required procedures.

What Can a Duluth, MN Workers’ Compensation Attorney Do for You?

Hiring a lawyer to handle your workers’ comp claim process is important, especially when you’re focused on recovering from a workplace injury. Initially, your attorney will offer complimentary consultations to give insights into how workers’ compensation works, your rights, and the potential paths forward.

Additionally, your lawyer will do the following for you:

Gathering Crucial Evidence

A well-prepared claim is supported by solid evidence. Your attorney will meticulously collect medical records, witness statements, and other documentation reinforcing your case.

Also, your attorney ensures that you receive appropriate care and can challenge any biased evaluations that might underplay your injuries. They can also assist in arranging independent medical exams if disputes arise.

Negotiating Settlements

With decades of experience handling workers’ compensation claims across Minnesota, our lawyers understand the regional industries and compensation norms. A local Duluth attorney is well-equipped to negotiate fair settlements on your behalf. We will work to ensure you secure compensation that reasonably reflects your medical needs and lost wages.

Appealing Denied Claims

Many workers’ comp claims are denied for various reasons. In such a case, your attorney will stand by you to challenge the decision. They possess the legal acumen to identify and address any oversights or errors in the initial claim process, significantly enhancing your chances of success upon appeal.

Should your case proceed to a hearing or trial, your attorney will represent you in arguing your case and countering the opposing arguments. At Schmidt-Salita Law Firm, we will engage every possible resource to advocate for your rights and help you secure your benefits. Don’t hesitate to reach out to us for assistance in seeking compensation for your work-related injury or illness.