As the Internet expands and social media becomes ever more popular, insurance companies and their investigators and attorneys are often turning to Facebook and other internet venues to help defend against injured workers’ claims. Requests for access to Facebook posting are not that uncommon anymore. Moreover, Courts typically allow these requests because, as a general rule, postings on Facebook are meant to be shared with others.

An injured worker is hard-pressed to argue that the insurer should not have access to photos and other information when their 600+ “friends” have access to that information. Photographs and status updates thus do not possess the expectation of privacy that would prompt the Court to otherwise protect them from disclosure. So please be wise.

The point is this: an injured worker should be careful about what information is posted on a social media site. Moreover, friend requests from claims representatives, insurance investigators, or safety risk managers from employers should not be accepted. An injured worker also should not seek to friend the claims representative nor anyone else associated with the defense of their case.

The use of common sense and self-restraint in the ever-expanding digital age should preclude the injured worker from having to explain inconsistent or embarrassing photos or status updates at a deposition or trial. A great question to ask yourself before posting information is whether you would be able to explain that information to the other attorney or a judge – if you were ultimately asked to do so. Please act with these guidelines in mind.

If you wish to discuss your case with a workers’ compensation lawyer, please feel free to contact our office. We are willing to discuss your case with you at no cost.

After an injury, the employer and insurer are required to pay for all reasonable, necessary and causally related medical treatment. However, there are limits to the duration and frequency of certain treatments that you can receive. One of those treatments that have limits include chiropractic care. Typically, workers’ compensation covers 12 weeks of chiropractic treatment. This varies depending on each individual case. With that being said, it is possible to get additional treatment past 12 weeks if the treatment is “reasonable and necessary.”

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Most employers in Minnesota are required to have Minnesota Workers’ Compensation insurance, or for some companies, be self-insured. There are certain limited situations where an employer may not need to have coverage, however, in most situations they are required to have workers’ compensation insurance on their employees.

Even though a Minnesota employer may not have workers’ compensation insurance at the time of an injury, there are laws in place protecting injured workers.

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If I have a Minnesota Workers’ Compensation Case, can I Sue the Company for an Unsafe Workplace or Under an OSHA Violation?

Minnesota workers’ compensation is typically an exclusive remedy. In other words, you cannot sue the employer for damages but must file a claim for workers’ compensation benefits. Despite having the workers’ compensation claim, you can still file a complaint with OSHA regarding the employer’s conduct.

The Occupational and Safety Health Act (OSHA) was established to protect workers by setting certain safety standards in place for employers to abide by. For specific information concerning OSHA’s standards and regulations, please feel free to look at Minnesota OSHA’s website.

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