When you have a work related injury and you are unrepresented, there are several things you should keep in mind.

Top 10 List

1. Report your injury to your supervisor, foremen or any other designated representative with your employer;
2. Seek medical treatment;
3. Request the assistance of a QRC to determine if you are a qualified employee for vocational assistance;
4. Consult a lawyer if you have questions or if your benefits are discontinued or denied.
5. Make sure to keep updated work restrictions;
6. Save all important documents including medical records, incident reports, restrictions etc.;
7. Submit mileage and out of pocket expenses to the insurer;
8. Cooperate with medical treatment and vocational assistance;
9. Keep track of job search efforts if you are not working;
10. Be honest.

Please remember this list is not comprehensive but highlights some key items you should keep in mind. Please remember to consult with an attorney if you have questions.

If you have questions concerning your Minnesota workers’ compensation case, we at The Law Office of Thomas Mottaz are workers’ compensation attorneys willing to help. Contact us for a free consultation and we will answer your questions or help you find the right lawyer for your situation.

The Minnesota Department of Labor and Industry (DLI) has established a new Office of Workers’ Compensation Ombudsman to provide advice and assistance to employees and small businesses.

“Our goal is to help injured workers and small businesses who are having problems navigating the workers’ compensation system,” said Ken Peterson, DLI commissioner. He said the ombudsman “will complement the other services provided by our agency’s Safety and Workers’ Compensation Division and will be an additional resource for parties who need in-depth help in resolving problems they encounter in the workers’ compensation system.”
Various stakeholders have long sought an ombudsman function to help injured workers who are often at a disadvantage because they know very little about how the sometimes complex benefit entitlement system works in workers’ compensation.

In February 2009, after studying DLI’s oversight of workers’ compensation, the Minnesota Office of the Legislative Auditor issued a report that encouraged the establishment of an ombudsman function to “help those injured workers who are overwhelmed with the workers’ compensation process.”

The ombudsman assists injured workers by:

• Providing advice and information to help them protect their rights and to pursue a claim;
• Contacting claims adjusters and other parties to help resolve disputes;
• Assisting in preparing for settlement negotiations or mediation; and
• Making appropriate referrals to other agencies or entities when further resources are needed.

The ombudsman assists small businesses by:

• Providing information regarding what to do when an employee reports an injury;
• Directing them to appropriate resources for assistance in obtaining and resolving issues regarding workers’ compensation insurance; and
• Responding to questions pertaining to employers’ responsibilities under Minnesota’s workers’ compensation law.

If you have questions concerning your Minnesota workers’ compensation case, we at The Law Office of Thomas Mottaz are workers’ compensation attorneys willing to help. Contact us for a free consultation and we will answer your questions or help you find the right lawyer for your situation.

We all have to begin somewhere. A Minnesota workers’ compensation claim starts with reporting an injury. By not reporting an injury to your employer after it happens you can harm your chances of getting benefits now and in the future.

The first step in any workers’ compensation claim is to report an injury.  The purpose of the  requirement is to allow the employer the ability to render immediate medical attention in the hope of minimizing the seriousness of the injury and permitting the employer to investigate the claim soon after the injury.

It is important to keep in mind that when you file a claim for workers’ compensation it is a claim against the employer’s insurance, not the employer directly. Even if you decide you want to put it under your own health insurance, you may run into problems including:

•  If you use your regular health insurance instead, and your insurance discovers this, they may stop paying and request payment.
• If you use your regular insurance, there may be limits to the treatment you can have. Although workers’ compensation may have certian limitations, you would not be responsible for co-pays under workers’ compensation.
• If you change your mind later, it might be too late. Under the law, you are to report your injury within 30 days in most circumstances. Failure to report your injury timely can be a complete bar to benefits.

Although your reseaons to not report the injury may be legitimate, it is important to follow the law and report your injury to the employer.  Keep in mind the following:

• Report your injury to your supervisor.
• Ask to fill our an incident report, if one is not supplied make sure to keep track of who you reported the injury to.
• Ask for copies of the incident report and/or First Report of Injury.

Talk with a lawyer if you have questions. Most lawyers, including myself offer free consultations.

If you have questions concerning your Minnesota workers’ compensation case, we at The Law Office of Thomas Mottaz are workers’ compensation attorneys willing to help. Contact us for a free consultation and we will answer your questions or help you find the right lawyer for your situation.

The Law Office of Thomas Mottaz

The Law Office of Thomas Mottaz is proud to announce that its attorneys have been named Minnesota Super Lawyers and Rising Stars for 2011. Congratulations to Thomas Mottaz and David Kempston for their recognition again as being one of the top and best Minnesota workers’ compensation lawyers in Minnesota.  Congratulations to Jerry Sisk for his recognition as a Rising Star. Please join us in congratulating these wonderful attorneys on their accomplishments and ongoing commitments to excellence.

Every year, Super Lawyers magazine, which is published in all 50 states and reaches more than 13 million readers, names attorneys in each state who attain a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations. Polling, research and selection are performed. Only the top 5% of Minnesota attorneys are named Super Lawyers.

Other Awards and Accomplishments pertaining to the Law Office of Thomas Mottaz:

• Minnesota Monthly “2011 Best Lawyers”  – Thomas Mottaz & David Kempston;
• U.S. News & World Report “Best Law Firms 2010″ – Tier 1 – The Law Office of Thomas D. Mottaz;
• The College of Workers’ Compensation Lawyers – Class of 2011 – Thomas D. Mottaz;
• Minnesota Workers’ Compensation Deskbook - Co-editor, Thomas D. Mottaz.

For more information concerning the Law Office of Thomas Mottaz, please stop by our website at mottazlaw.com.

If you have questions concerning your Minnesota workers’ compensation case, we at The Law Office of Thomas Mottaz are workers’ compensation attorneys willing to help. Contact us for a free consultation and we will answer your questions or help you find the right lawyer for your situation.

With the clock ticking closer to July 1st we can only expect at this point a government shutdown. Unfortunately for the injured worker this may mean a disruption in their workers compensation benefits. Without government services through the Department of Labor and Industry and Office of Administrative Hearings injured workers will not be able to have discontinuance conferences, medical conferences or hearings heard before a Compensation Judge or Mediator. Often times these types of disputes get heard on a “fast track” so the injured worker can get the benefits they desperately need. With an anticipated shutdown of OAH and DOLI from July 1st to August 31st, many injured workers will unnecessarily suffer.

The Minnesota courts, not workers’ compensation court system, will continue to operate if the government shuts down. On June 28th, Judge Bruce Christopherson ordered the Judicial Branch to remain open so that Minnesota citizens will be afforded their constitutional rights. This of course does not include workers’ compensation disputes.

The Minnesota government cannot allow a shutdown to occur for any great length of time which does not afford an injured employee the ability to have disputes heard. Without a recourse many injured employees who do not have wages coming in or are unable to receive medical treatment due to an insurance company’s denial, will have to suffer even worse hardship.

Let’s hope the legislature can get their act together soon.

One of the most asked questions I get from potential clients and existing clients is, “When can I expect my check?” Often times this is a question that requires further looking into such as when was the last time they received a check, whether an NOID was filed, etc. Often times we discover that the insurer failed to make payment despite their legal obligation to do so. Even worse is when we learn the injured worker has not received any wage loss benefits despite a clear connection between the wage loss and the work injury.

We all have a role within the workers’ compensation process. Whether it is a doctor, employee, QRC, judge or adjuster. Obviously, it is the adjuster’s role to pay benefits when they are owed. Failure to do so causes undue hardship for the injured worker. Especially, if it is just poor investigation on the part of the adjuster and it results in the worker not getting the desperately needed benefits. This type of failure puts the insurance company at risk for a penalty. Some of these penalties are payable to the injured worker while others are payable to the special compensation fund.

Under the law, the employer and insurer are required within 14 days after the employer has been notified of an injury to admit or deny liability. Wage loss benefits are not payable for the first three calendar days following an injury. However, if your disability lasts greater than 10 days, compensation is due from the date your disability commenced. In other words, they are required to pay from the first day.

Temporary and Permanent Total Disability Benefits are due on the date you would have received wages had you continued working.

Temporary Partial Disability Benefits are due 10 days following mailing of your check stub.

Permanent Partial Disability benefits are due within 30 days a medical report containing a PPD rating or medical information the insurer may determine a rating.

We can safely say that the system was developed to allow the injured worker a way to recover. The system also put in place rules for the insurance company to follow in order to assist in that recovery. Sometimes the adjuster and insurance company lose sight of these obligations. My job, as a work comp attorney, is to make sure the adjuster is following the law and providing appropriate and timely benefits.

If you have been denied workers’ compensation benefits or have concerns about your case, we at The Law Office of Thomas Mottaz are workers’ compensation attorneys that help people with Minnesota work injuries anywhere in MN. Contact us for a free consultation and we will answer your questions or help you find the right lawyer for your situation.

With the Minnesota government facing a shutdown on July 1, 2011, the impact on the injured worker may be quite severe. Access to government benefits and to the court system will be affected for an indefinite period of time.

Under the shutdown all non-essential workers and services will be shut down. The Department of Labor and Industry, Office of Administrative Hearings and Workers’ Compensation Court of Appeals have been categorized as “non-essential” and will be shut down following a government shutdown. It is not entirely clear for exacatly how long.

Minnesota Governor Mark Dayton’s office released the following statement:

“It is with a heavy heart that I submitted today to Ramsey County District Court my list of those state services which should be continued in the event of a July 1st shutdown and, by their omission, those many services which should not. I consider virtually all services provided by the state to be essential, and all of them have been established by previous governors and legislatures to serve and benefit people throughout Minnesota.

Attorney General Lori Swanson filed a petition with the Ramsey County District Court on June 17, 2011 asking that if Minnesota’s state government shuts down July 1, that funding continue flowing to the courts system. Although efforts have been made to keep the District Courts open, it does not appear this would include the Department of Labor and Industry Worker’ Compensation Division.

The Minnesota Department of Labor and Industry released on June 17, 2011 the following:

DLI operates on a biennial budget. Funds are appropriated by the Minnesota Legislature every two years, with each fiscal year beginning on July 1 and ending on June 30 of the following calendar year. Our current biennial budget is due to end after June 30, 2011. In the absence of legislation specifically appropriating funds for the continuing operations of DLI for the next biennium, we will have no or very limited authority to continue agency operations. In this event, only those limited services that are deemed to be “critical” by a court will continue

Because we do not know whether the biennial budget process will conclude in time to avoid a disruption to our operations nor do we know which, if any, services provided by DLI will continue in such an event, we must advise you that in the absence of legislatively authorized appropriations as of July 1, 2011, we anticipate that virtually all of DLI’s operations will cease.

The Minnesota Office of Administrative Hearings sent out a memo also with the following:

Due to the uncertainty regarding when an appropriation or a court decision will be made, the OAH must make plans for a potential disruption in service. Beginning on Friday, June 16, 2011, OAH will send notices to all parties with matters scheduled in July and August, advising them that their matter may not proceed as currently scheduled. At this time, this step is being taken as a precautionary measure.

• If OAH’s services are not disrupted, then matters scheduled for July and August will proceed as scheduled.
• If OAH’s operations are disrupted, the length of the disruption will impact OAH’s ability to reschedule matters. OAH staff will work with affected parties to reschedule their matters as quickly as possible when normal operations resume.

In the event that services are disrupted, parties should call (651) 361-7908 to listen to recorded messages related to OAH operations. It is anticipated that this recording will be updated as new information becomes available. At this time, OAH does not anticipate that our website located at http://mn.gov/oah will be updated during a disruption in services; therefore, the most effective way to obtain updates will be by calling the telephone number listed above. Additionally, OAH fax machines will not be operational during a service disruption.

Based on the above we can expect hearings and conferences to be cancelled during that time. It is not sure when those conferences will be scheduled when the government shutdown ends.

It is my hope the budget will get resolved shortly. Let’s hope the legislature and the governor can work a budget out so the injured worker will not suffer unnecessarily.

When it comes time to attempt to negotiate a settlement for your case, a settlement can be reached in variety of ways.  Each individual case is different than the next and needs to be evaluated on the facts and merits. Therefore,  the settlement terms may not be the same as a relative, friend or acquaintance .  Some of the types of settlements you may encounter are ”to-date” or a “Full, Final and Complete.”   

To-date

This type of settlement only resolves issues through the date of settlement or Award on Stipulation.   All benefits that are not settled could be claimed in the future.

Full, Final and Complete

In this type of settlement, you agree to give up any claim against the employer and insurer as a result of an injury. A close out of benefits typically include wage loss, permanency, and rehabilitation. At times, the settlement may even include future medical.

Stipulation for Settlement

The settlement terms are typically laid out in a document called a Stipulation for Settlement. The Stipulation will need to be signed by all parties including any medical providers or third party payers. Once the document has been drafted and signed by all parties it is submitted to a Compensation Judge for approval and issuance of an Award on Stipulation. The Award will be signed by the Judge and mailed to all parties. Once the Award has been served and filed, the insurance company must issue payment within 14 days of the award.

Before settling your workers’ compensation case, it is extremely important you have a good idea of what you are agreeing to settle.  If you do not have an attorney and are contemplating a settlement offer, it is always a good idea to talk with a lawyer.  Most lawyers are willing to sit down with and discuss your case at no charge. Often times, you can get a better idea of what you are giving up and what  you are getting in return. When you meet with a lawyer make sure to bring with you all relevant documents and materials.

If you have been denied workers’ compensation benefits or need to discuss your Minnesota workers compensation case, we at The Law Office of Thomas Mottaz are workers’ compensation attorneys that help people with Minnesota work injuries anywhere in MN. Contact us for a free consultation and we will answer your questions or help you find the right lawyer for your situation.

You have been off work for some time following a work-related injury when you receive a letter from your employer.  The letter adds insult to the injury.  In it, your employer states that because you have been off of work for so long, it will no longer pay its share of your monthly health insurance premiums.  You have already fallen behind on your monthly bill as your weekly workers’ compensation wage loss check does not seem to go as far as your paycheck did.  As you crumple up the letter in disgust, you wonder whether your employer can do this.

 Unfortunately, this is a very common scenario.  I am asked this question at least one time per week by prospective clients.  The sad news is that the answer is usually yes — your employer can do this.

 The workers’ compensation statute is a creation of the Minnesota Legislature.   And, as the Legislature has not required ongoing health insurance for injured workers, employers have no obligation to continue to pay injured workers’ health insurance premiums – once that person is no longer working.

 If the injured worker is a union member, there may be some additional protection under the collective bargaining agreement.  However, most employees in the State of Minnesota do not work under a contract.  Instead, they are what is known as, “an at-will employee”.  Payment of health insurance premiums by the employer are thus governed by the employer’s policies.  As long as those policies are administered even-handedly,  there is no obligation to pay the employee’s health insurance premium if that person is no longer working.

This result can cause significant financial hardship for the injured worker.  Currently, there is no good remedy in place.  Health insurance is expensive.  This potential hardship serves as one additional example of how the Minnesota workers’ compensation statute fails to make an injured worker whole — especially after a significant injury.