Workers Compensation Lawyer Plymouth

A serious workplace injury can change your life in an instant, affecting your health, livelihood, and future. For those in need of a worker’s compensation lawyer in Plymouth, finding reliable guidance can feel overwhelming, especially when recovery is your primary focus. At Schmidt and Salita Law Firm, we’re dedicated to guiding injured workers in Plymouth through the claims process, advocating for your rights, and ensuring you receive the benefits you deserve.

Steps to Take After a Workplace Accident

If you’ve been injured on the job, following the right steps can protect your rights and improve your chances of a successful workers’ compensation claim:

• Report the Injury to Your Employer: Minnesota’s Workers’ Compensation Statutes require employees to inform their employer within 14 days of a workplace injury. Prompt reporting helps establish an official record and can prevent issues if there are disputes later on. Delaying the notification without a valid reason could affect your eligibility for benefits.
• Seek Immediate Medical Treatment: Get medical care as soon as possible, even if the injury seems minor. Under Minnesota law, employees generally have the right to choose their own healthcare provider unless their employer has a managed care plan. Medical documentation will be critical evidence in your claim.
• Document Everything: Keep detailed records of medical visits, prescriptions, accident reports, and all communications with your employer or insurance companies, as thorough documentation can strengthen your case.
• Consult a Workers’ Compensation Lawyer: An experienced attorney can guide you through the process, handle disputes, and help ensure you receive the full compensation you’re entitled to.

Common Workplace Accidents

Workplace accidents can happen in any industry, but certain types are more common depending on the job environment. In Plymouth, MN, workers in fields like construction, healthcare, and manufacturing are especially vulnerable to certain types of injuries. Here are some examples:

• Slip and Falls: Slippery surfaces, uneven flooring, or misplaced objects can lead to slip-and-fall incidents. These are common in construction and healthcare settings and can result in injuries such as fractures, sprains, and head trauma.
• Repetitive Strain Injuries: Tasks that involve repeated motions, like lifting or typing, can lead to repetitive strain injuries, including carpal tunnel syndrome and tendonitis. These are often seen in industries with assembly lines or office environments.
• Machinery Accidents: In construction and manufacturing, heavy machinery and equipment can pose risks, especially if not maintained properly. Accidents involving machinery may result in severe injuries, including amputations.
• Chemical Exposure: Employees in labs, factories, or maintenance roles may be exposed to harmful chemicals. Chemical exposure can cause burns, respiratory issues, or chronic illnesses. Minnesota’s workers’ compensation statutes and rules provide protections for workers who experience injuries or illnesses due to hazardous exposures in the workplace.

If you’ve experienced any of these or another type of workplace injury, workers’ compensation benefits can help cover medical expenses, lost wages, and more, depending on the specifics of your case.

Who’s Eligible for Workers’ Compensation?

In Minnesota, virtually all employees who suffer a work-related injury or illness are eligible for workers’ compensation benefits. This applies to full-time, part-time, and seasonal workers, with few exceptions. Here are the basic requirements for workers’ compensation eligibility in Plymouth and the surrounding areas:

• Employment Status
  Most employees are covered under Minnesota’s workers’ compensation system. Independent contractors, however, are typically not eligible for workers’ comp unless they are misclassified and should legally be considered employees.
• Work-Related Condition
  To qualify, your injury or illness must be directly related to your job duties or workplace environment. Injuries sustained while performing personal activities or due to self-inflicted harm are generally not covered.
• Timely Reporting and Claim Filing
  Prompt reporting to your employer and timely filing of your claim is critical. If you miss the reporting deadlines, you may forfeit your right to compensation.

By meeting these criteria, you establish your eligibility for benefits. Nonetheless, if there’s any uncertainty about whether your case qualifies, consulting with an experienced workers’ comp attorney can help clarify your rights.

Compensation Benefits Available for Injured Employees

Workers’ compensation benefits in Minnesota are designed to support injured employees financially while they recover. Here’s an overview of the benefits you may be entitled to receive:

• Medical Benefits
  Workers’ compensation covers all necessary and reasonable medical expenses related to workplace injury, including doctor visits, surgeries, prescriptions, physical therapy, and assistive devices. There are no deductibles or co-pays for covered services.
• Temporary Total Disability (TTD)
  If your injury prevents you from working for more than three days, you may receive TTD benefits, which compensate you for lost wages during your recovery period. TTD generally amounts to two-thirds of your average weekly wage.
• Temporary Partial Disability (TPD)
  If you can return to work with restrictions but earn less than before your injury, TPD benefits can help make up the difference in income. This benefit is also calculated at two-thirds of the difference between your pre-injury and post-injury wages.
• Permanent Partial Disability (PPD)
  For injuries that result in permanent impairment, you may qualify for PPD benefits. These entitlements are awarded based on the severity of your disability and are meant to compensate for lasting physical or functional limitations.
• Permanent Total Disability (PTD)
  If your injury prevents you from ever returning to work, you may be eligible for PTD benefits, which are generally paid out for the rest of your life, with some adjustments based on retirement age.
• Vocational Rehabilitation
  In cases where your injury precludes you from returning to your previous job, vocational rehabilitation services are available to help you find new employment or train for a different role.

Understanding your benefits options can be challenging, especially if you encounter resistance from insurers. Our team at Schmidt and Salita Law Firm is here to ensure you receive the full compensation you’re entitled to.

How to File a Workers’ Compensation Claim

Filing a workers’ compensation claim in Minnesota involves several steps. Knowing what to expect can help you prepare and avoid common pitfalls:

1. Complete the First Report of Injury (FROI)
   Your employer should provide you with a First Report of Injury (FROI) form to complete after you report your accident. This document is essential for initiating the claims process and provides the foundation for your case.
2. Employer’s Submission of FROI
   After you submit the FROI, your employer is required to file it with their workers’ compensation insurer. The insurer then has 14 days to accept or deny the claim. If they deny your claim, you have the right to appeal the decision.
3. Monitor Claim Processing and Benefit Payments
   If your claim is accepted, you should start receiving benefits within a few weeks. If you experience delays or issues with your benefits, contact a workers’ compensation attorney for assistance.
4. Appeal if Necessary
   If your claim is denied, you have the option to appeal the decision. This may involve filing a dispute with the Minnesota Department of Labor and Industry or taking your case to a workers’ compensation judge. The appeal process can be complex, and representation by an experienced workers’ comp lawyer can significantly improve your chances of success.

By following these steps and consulting a qualified attorney if you encounter challenges, you’ll have the best chance of receiving the compensation you deserve.

Get Help from Experienced Workers’ Compensation Lawyers in Plymouth

If you’re facing the aftermath of a workplace injury, Schmidt and Salita Law Firm is here to help. Call us at (952) 473-4530 or contact us today for a free consultation to learn more about how we can assist you in securing the workers’ compensation benefits you deserve.