*The results are conditioned to the unique circumstances of each case. These results do not guarantee your case will result in the same compensation.
Minnesota Statute §176 governs all Workers’ Compensation claims. This statute allows payment of benefits for injuries arising out of and in the course and scope of employment. These benefits are payable in a variety of different ways. This is just an overview. The work comp system is complicated, and you should give the Schmidt & Salita Law Team a call to discuss your claims.
Wage loss benefits are payable as temporary total, temporary partial, or permanent total disability benefits. Temporary total disability benefits are paid when an injured employee is unable to work due to an on-the-job injury. Generally, an employee entitled to temporary total disability benefits is unable to work at all due to restrictions from a Doctor.
Temporary total disability benefits are paid at a rate of two-thirds of the employee’s gross average weekly wage at the time of injury. For example, an employee who earns $300.00 per week is entitled to $200.00 per week in temporary total disability benefits. When an employee returns to work with restrictions or is limited, but is earning less money than before the injury, the employee is no longer entitled to temporary total disability benefits and is instead entitled to temporary partial disability benefits.
An employee is entitled to temporary partial disability benefits when the employee returns to work with restrictions, but because of the medical condition, is earning less money than before the work injury. Temporary partial disability benefits are paid at a rate of two-thirds of the difference between the pre-injury wage and the post-injury wage. For example, where an employee earning a gross wage of $300.00 per week at the time of the injury, earns only $100.00 per week after the injury, the employee is entitled to temporary partial disability benefits of $133.33 per week.
When an employee is released to return to work with restrictions, the employee should notify the employer. In order for the Workers’ Compensation insurer to pay temporary partial disability benefits, the employee must submit copies of his or her pay stubs to the insurer immediately upon receipt. Upon receipt of the injured employee’s pay stubs, the Workers’ Compensation insurer will issue a check for temporary partial disability benefits.
An injured employee is entitled to payment of all reasonable and necessary medical bills causally related to the work injury.
The treatment must be causally related to the injury. The medical benefits include payment of prescriptions, reasonable mileage, and parking expenses. As a result, an injured employee should carefully document prescription payments, round-trip mileage, and parking expenses for all medical appointments.
An injured employee is entitled to treat with the medical Doctor of his or her own choosing. That choice may be limited if the employer participates in a managed-care plan. The employer must inform an injured employee if it participates in a managed care plan.
*The results are conditioned to the unique circumstances of each case. These results do not guarantee your case will result in the same compensation.
An employee is entitled to permanent partial disability benefits if the work injury results in permanent loss of use or functional impairment. In other words, permanent partial disability is payable when an employee is permanently disabled as a result of a work injury. The treating physician, according to the Minnesota Workers’ Compensation Permanent Partial Disability Schedule, rates permanent partial disability. Generally, Physicians rate permanent partial disability one year after the injury.
I understand how overwhelming this can be. Let me handle the legal complexities while you focus on your recovery and getting back to normal.
An employee who is unable to return to pre-injury employment is entitled to rehabilitation assistance. A qualified rehabilitation consultant (QRC) is assigned to assist the employee with job search and implement a retraining program where appropriate. An employee has the right to choose his or her qualified rehabilitation consultant. However, the right to choose a qualified rehabilitation consultant is limited by certain time restrictions. As a result, the employee should note that the assignment of a qualified rehabilitation consultant is a significant event as it must be somebody that the employee can work with and not get pushed back to work when not physically able. Our Minneapolis worker’s compensation lawyer works with QRCs that understand this.
The attorneys at Schmidt & Salita are among a select handful of Minneapolis worker’s compensation lawyers who practice in the areas of Workers’ Compensation and Personal Injury. It is vitally important to maximize benefits when there are Work Comp and Third-Party cases together.
Dean Salita is a seasoned Personal Injury lawyer with over 30 years of experience, specializing in workplace injuries and occupational diseases like asbestos-related illnesses. He’s the chair of the Minnesota Association for Justice Workers’ Compensation section and has been recognized as a Super Lawyer with an AV rating by Martindale-Hubbell. Dean is dedicated to providing personal, compassionate legal support to his clients, guiding them through trials and the legal process.
Client Reviews
Google Review Schmidt Law Firm is so much more than the usual out for their back pocket firm they are a group of truly caring people. I was hit by a car & have memory loss. I don’t know how many times they all had to go over and over the same thing with me. They even gave me reminder calls for my doctors appointments. When things were so overwhelming I would call and all I could do is cry and they listened and never once complained or cut me short. Doug and Vanessa were all very helpful so was the rest of the staff. God Bless them all. By the way they got me a lot more than I had hoped for. You really don’t want to be on the opposing side of the table of Doug, he will rip you before you know he did it and he does it in such a nice way.
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When you schedule your free consultation with a personal injury attorney in Minnesota, you should come prepared with specific questions for us to address. Some of the common questions clients ask us are:
Yes, in almost all cases, having an attorney is crucial to protect your rights and secure the settlement you deserve. The Schmidt & Salita Law Team is here to guide you through the entire process, from collecting evidence to handling medical bills and lost wages. We’ll help you gather medical records and reports to support your claim, determine the value of your case, and negotiate a fair settlement. If needed, we’re prepared to file suit and take your case to court to ensure the best possible outcome.
It’s very important to start collecting evidence right away to support your case. The Schmidt & Salita Law Team will help obtain accident reports, interview witnesses, and work with treating doctors to ensure you get the proper medical care. We’ll also handle communication with insurance adjusters. Delaying the decision to hire an attorney can lead to lost time and missed opportunities. We’re here to guide you through the process from the start, ensuring you have the best chance for a successful outcome.
Many people worry about the cost of legal fees, but with Schmidt & Salita Law Team, your first consultation is free. We handle most Personal Injury and Workers’ Compensation cases on a contingent fee basis, meaning you won’t pay attorney fees unless there’s a settlement. If we win, you’ll only pay a percentage of the settlement for fees and costs, ensuring you never end up “in the hole.” This system is often called “No fees until you recover” and works like a real estate agent’s commission—paid only when you win.
It’s crucial to hire an attorney with experience in Personal Injury, Workers’ Compensation, and Wrongful Death claims. The Schmidt & Salita Law Team brings over 160 years of combined experience, handling thousands of cases, including auto accidents, construction injuries, medical malpractice, and more. Our team is dedicated to providing personal service and treating you like more than just a case number. We believe in a team approach to ensure the best possible outcome and your satisfaction every step of the way.
Most Personal Injury and Workers’ Compensation cases typically take at least a year or more to settle, and some can take even longer. This is mainly due to medical reasons, as it takes time to determine the permanent nature of an injury. Doctors or Chiropractors are often better equipped to assess the permanency of your injury. Once we have medical evidence, we compile all necessary documents and submit a settlement demand to the insurance company. The negotiation process can take several months, and if an agreement isn’t reached, we may need to file a lawsuit.
The value of a Personal Injury or Workers’ Compensation case depends on several factors. These include the degree of fault of the responsible party, the severity of your injuries, pain, and permanent disability, as well as medical bills, lost wages, and other damages. The financial ability of the at-fault party, often determined by insurance coverage, also plays a role. Schmidt & Salita Law Team, with over 160 years of combined experience, is here to help you evaluate the worth of your case and guide you through the process.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at (952) 473-4530
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“I wanted to extend my personal thanks and appreciation, as well as that of my siblings. We are appreciative of the representation you extended to our father. He always battled for the “little guy,” and you did that for him thru this process. Please extend this thank you to Molly as well. Thank you.”
“Doug Schmidt and his team were a godsend – they were compassionate and professional in helping my sister and I navigate our mother’s Wrongful Death. They were easy to communicate with, and I always felt my concerns and opinions were being heard. I would recommend Schmidt Law Firm to anyone who asks.”
“I feel very lucky to have Mr. Schmidt working for me. He took my case when my first lawyer would not and could not fight his way out of a paper bag. My case was very involved but Mr. Schmidt made it look so easy.”
“Doug and his team are top notch. They are hard working and meticulous with getting the best results… I felt like I was in good hands through the entire process. I couldn’t be happier with the outcome.”
“I wanted to tell you thank you for everything you have done for me I really appreciate it…I truly appreciate everything you did just taking the time to answer my questions, makes me feel good about what was going on and understanding what was happening and everything and just being patient with me. Again I truly appreciate ha...
“Just wanted to take this opportunity to thank you and your staff for all your efforts to collect benefits on behalf of my husband. Your kindness and sympathy during our initial visit with you was very much appreciated.”
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Dean M. Salita, with more than 30 years of legal experience as a personal injury attorney.
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1600 Hopkins Crossroad
Minnetonka, MN 55305
Phone (952) 473-4530
Toll Free 1-800-656-8450
Fax (952) 544-1308
call us: 952.473.4530
