Workers Compensation Lawyer Eagan

When workplace injuries occur, they can significantly disrupt your life. The potential for costly medical bills, lost wages, and lasting effects on you and your dependents is real. If you’ve been injured or fallen ill at work in Eagan, Minnesota, you may be eligible to pursue benefits by filing a workers’ compensation claim.

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The legal team at Schmidt & Salita Law Firm understands quite well the challenges that victims of work-related injuries face. Sometimes, the claim process, which is meant to be seamless, could feature denials or unnecessary delays. With a rich history dealing with workers’ compensation law across Minnesota, a workers’ compensation lawyer Eagan from our firm can help you overcome such challenges. To understand your rights and options under workers’ compensation, consult an attorney now for a free case evaluation.

What is Workers’ Compensation?

Workers’ compensation is a state-mandated insurance set-up created to provide crucial financial support and medical care to employees who suffer injuries or illnesses while performing job-related duties. This system is administered by the Minnesota Department of Labor and Industry and ensures that workers can receive the necessary treatment and continue to manage their living expenses during recovery.

*The results are conditioned to the unique circumstances of each case. These results do not guarantee your case will result in the same compensation.

Settlement

$2.2M

Truck Driver

Settlement

$53M

Insurance Fraud

Settlement

$1.5M

Sexual Assault

Settlement

$220K

Insurance Fraud

Settlement

$600K

Product Liability

Settlement

$2.4M

Wrongful Death

free case consultation call us: 952.473.4530

Workers’ compensation insurance is a no-fault insurance program that benefits both workers and employers by ensuring that injured employees receive proper medical treatment and compensation without the need for lengthy litigation. In contrast, employers are shielded from lawsuits in most cases. In Minnesota, workers’ compensation is compulsory for most employers, meaning businesses must carry this insurance or face penalties.

According to Minnesota law, the primary goal of workers’ compensation is to help injured workers recover and return to work without suffering devastating financial loss. It covers various types of workplace injuries and occupational diseases. In some cases, mental health issues caused by workplace stress or traumatic events may also be covered under Minnesota’s workers’ compensation system.

Frequent Types of Workers’ Compensation Claims

People usually think of workers’ compensation as a system to cover severe injuries in physically demanding jobs. However, workers from all industries and job types can experience a diverse range of compensable injuries. These injuries give rise to various claims meant to offer benefits to the injured workers. The common types of claims include:

• Slip and fall accidents. These occur when workers slip, trip, or fall due to unsafe conditions, such as wet floors or improper equipment. Falls are the leading source of injuries in many workplaces, especially in construction, healthcare, and warehousing.
• Repetitive strain injuries (RSIs) occur when workers perform the same motion repeatedly, leading to injuries such as carpal tunnel syndrome, tendonitis, or back pain. In a study published by the CDC, 9% of adults in the United States experienced a repetitive strain injury within the past three months. These injuries are particularly common in office settings, manufacturing, and jobs that involve heavy lifting.
• Machine-related accidents. Industrial and manufacturing workers are at a higher risk of injury from equipment and machinery malfunctions. Machine-related accidents can lead to serious injuries like amputations, fractures, or lacerations.
• Vehicle-related accidents. Workers who drive as part of their job, such as truck drivers or delivery personnel, may experience injuries from vehicle collisions. These accidents can range from minor injuries to life-threatening conditions like traumatic brain injuries or spinal cord damage.
• Exposure to hazardous substances. Employees who work with toxic chemicals or hazardous substances, such as in factories or labs, are prone to illnesses like respiratory diseases, skin conditions, or long-term health issues like cancer.
• Workplace violence. Physical or emotional harm caused by violence in the workplace can be grounds for a workers’ compensation claim. This can involve assaults, verbal abuse, or traumatic experiences that lead to post-traumatic stress disorder (PTSD).
• Burns. Burns can result from exposure to chemicals, heat, or electricity. Workers in industries like food service or manufacturing are particularly vulnerable. Personal protective equipment (PPE) and stringent safety procedures are critical in preventing burn injuries.
• Severe cuts and lacerations. Employees in industries that operate machinery or handle sharp tools are at risk of cuts and lacerations. Proper maintenance of equipment and adherence to safety protocols can significantly reduce these incidents.

Benefits of Workers’ Compensation Claims

Filing a workers’ compensation claim entitles employees to a range of benefits. These offer financial relief by covering various expenses for both employees and employers following a work-related injury or illness. Here are the benefits you can expect after filing a worker comp claim in Eagan, Minnesota.

• Medical treatment coverage. Workers’ compensation will cover the full cost of necessary medical treatment related to the injury or illness. This includes hospital visits, surgeries, rehabilitation, and prescription medications.
• Wage loss benefits. Workers who are temporarily unable to return to work can receive partial wage replacement, typically around two-thirds of their average weekly wage. This prevents workers from suffering severe financial hardship during recovery.
• Disability Benefits. If the injury leads to a disability, the worker may be eligible for ongoing disability benefits. These can be either partial or total, depending on the severity of the disability.
• Vocational rehabilitation. In cases where an injury prevents a worker from returning to their previous job, vocational rehabilitation services may be offered. This includes retraining or support in finding alternative employment suited to the worker’s new abilities.
• Death benefits. In case of a wrongful death of a worker as a result of a job-related injury or illness, their dependents may receive death benefits, including compensation for funeral costs and financial support for surviving family members.
• Cost-of-living adjustments (COLAs) benefits. These benefits adjust the rate of ongoing payments to employees and/or dependents. Employees injured on or after Oct. 1, 2013, qualify for cost-of-living adjustments three years post-injury, with a 3 percent maximum increase. Adjustments will not be less than zero percent.

Steps After a Work-Related Injury

Knowing what to do immediately after a work-related injury can make a significant difference in securing workers’ compensation benefits. The steps to follow are:

• Report the Injury. Minnesota law requires workers to notify their employer of the injury within 14 days but no later than 30 days after the injury occurs. The sooner the injury is reported, the better the chances of filing a successful claim. Provide as many details as possible, including the date, time, location, and nature of the injury when reporting the injury. 
• Seek medical attention. Evaluation by a health professional is the only way to link your injury with an event at the workplace. Be sure to inform the healthcare provider that the injury is work-related, as the medical records will be an important part of the workers’ compensation claim. In Minnesota, you may be required to see a healthcare provider chosen by your employer or their insurer for the initial visit.
• File a workers’ compensation claim. The next step is to file a formal workers’ compensation claim. In Minnesota, your employer is responsible for submitting the First Report of Injury (FROI) form to their workers’ compensation insurer. Make sure your employer files this promptly and that you receive a copy for your records.
• Follow the doctor’s treatment plan. Adhering to the prescribed treatment plan is critical for both recovery and ensuring your workers’ compensation benefits continue. Failing to follow medical advice may jeopardize your claim.
• Stay in communication with your employer. Keep your employer informed of your progress, especially if there are restrictions on your ability to work. If you are cleared for light duty or part-time work, notify your employer so they can make accommodations.
• Consult an Eagan workers’ compensation lawyer. If your claim is denied or if you face complications such as delayed payments or inadequate medical care, consulting a workers’ compensation lawyer can help protect your rights and ensure you receive the benefits you deserve.

Who Is Eligible for Workers’ Compensation?

In Minnesota, most employees are covered by workers’ compensation, as demanded by Minnesota Statutes 176.181, subd. 2. However, there are some exceptions as stipulated by the Minnesota law. These include the following:

• Independent contractors. Workers classified as independent contractors are typically not eligible for workers’ compensation benefits. However, misclassification of employees as independent contractors is an issue, and an attorney can help determine eligibility.
• Domestic workers. Those employed for household tasks such as cleaning, cooking, or childcare may not be covered, unless they work more than 35 hours per week.
• Agricultural workers. Some farmworkers may be exempt from workers’ compensation coverage, particularly if the farm they work for has a small workforce.
• Federal employees. Federal workers are covered by a separate compensation system, the Federal Employees’ Compensation Act (FECA), and are not eligible for state workers’ compensation benefits.

In general, any employee who is injured while performing work duties in Minnesota is eligible for workers’ compensation, regardless of whether they were at fault for the injury.

What’s the Statute of Limitations in Minnesota?

When considering filing a workers’ compensation claim in Eagan, it’s important to know that the process is time-bound. The statute of limitations for work-related injury claims in Minnesota is three years from the date the injury or illness was reported.

Failing to file within the appropriate time frame can result in losing the right to workers’ compensation benefits. It’s crucial to take action as soon as possible and consult a workers’ compensation lawyer in Eagan to ensure compliance with all deadlines. Their experience with the law ensures that you not only navigate the system effectively but you obtain timely benefits to cover your work-related injury hardships.

How Can a Lawyer Help Me?

Workers’ compensation laws can be hard to understand, especially if you’re unfamiliar with the legal process. A lawyer will clarify your rights and explain the benefits you are entitled to under Minnesota law. That way, you can make informed decisions, ensuring you receive all the benefits available to you.

It’s not uncommon for workers’ compensation claims to be denied, whether due to disputes over the severity of the injury, missed deadlines, or other technicalities. An Eagan workers’ compensation lawyer can challenge these denials on your behalf. Additionally, some employers may retaliate against workers who file claims. A work site accident compensation attorney will protect you from these retaliatory actions to ensure your rights are upheld.

In some cases, workers’ compensation benefits may not be the only source of compensation. For instance, if your injury was caused by a defective product or due to the negligence of a third party, such as a subcontractor, you might have grounds to pursue personal injury claims. Your lawyer can investigate the facts of your injury to determine whether a third-party lawsuit or product liability claim may be an option. This can lead to higher compensation than what is provided through workers’ comp alone, covering damages like pain and suffering that are typically not included in workers’ compensation claims. Call us at (952) 592-0887 or contact us online for a free consultation.

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What Our Clients Are Saying About Us

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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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