Comp Wonk - Minnesota Workers Compensation Blog - Written by Lawyers and Attorneys | Law Office of Thomas Mottaz » Work Comp Tips

10 Things to Keep in Mind When You Have a Work Related Injury

Jerry Sisk — Wed, 28 Sep 2011 11:00:25 +0000

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

Top 10 List

Report your injury to your supervisor, foremen or any other designated representative with your employer;
Seek medical treatment;
Request the assistance of a QRC to determine if you are a qualified employee for vocational assistance;
Consult a lawyer if you have questions or if your benefits are discontinued or denied.
Make sure to keep updated work restrictions;
Save all important documents including medical records, incident reports, restrictions etc.;
Submit mileage and out of pocket expenses to the insurer;
Cooperate with medical treatment and vocational assistance;
Keep track of job search efforts if you are not working;
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 Law Office of Thomas D. Mottaz | Minnesota Super Lawyers and Rising Star for 2011

Jerry Sisk — Fri, 15 Jul 2011 14:53:57 +0000

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.

The framework of litigated Minnesota Workers Compensation cases

Jerry Sisk — Wed, 23 Jun 2010 12:00:06 +0000

You were injured at work, but for some reason the workers’ compensation insurer has denied your claim. At this time, you are now faced with a question that many injured workers face. What do I do now? A majority of these injured worker’s retain an attorney to assist them in fighting for their entitlement to work comp benefits. From that point on, the litigation portion of the Minnesota workers’ compensation system begins. The following is a brief summary of the litigation process for Minnesota workers’ compensation cases.

When an injured worker has been denied work comp benefits, an action to recover benefits is typically initiated by the filing of a “Claim Petition.” A Claim Petition provides various information including date of injury, benefits claimed, nature of the injury, etc. Supporting documentation for the claims typically accompany the Claim Petition. If an injured worker is in “significant financial hardship”, the employee may request an expedited hearing based on financial hardship.

Following the filing of a Claim Petition, the employer and insurer must file an “Answer” to the Claim Petition. The Answer is a written response which must include admissions or denials to the claims and include any affirmative defenses.

Once the initial pleadings or documents have been filed with the Minnesota Department of Labor and Industry (DOLI) the next stage is the “discovery process.” Discovery is an opportunity for all parties to obtain information necessary for the prosecution or defense of their case. Typically, the employer and insurer will request signed authorization from the injured worker to obtain various records including medical and wage records. The employer and insurer may also decide to take the injured worker’s deposition.

Additionally, an employer and insurer have a right for the injured worker to undergo what is called an Independent Medical Examination (IME). In certain cases, an employer and insurer may also request an Independent Vocational Evaluation if the injured worker claims that their ability to earn has been reduced by the injury.

During the discovery process, the injured worker and her attorney are also afforded an opportunity to obtain records from the employer, conduct depositions of experts and relevant parties and request medical records.

After the discovery process has been completed a “settlement conference” is typically requested by the parties and scheduled at the Office of Administrative Hearings (OAH). This conference is a way for the parties to get together and discuss settlement of the case. If the case cannot be settled, the matter is then “certified” for a formal hearing before a compensation judge.

Prior to hearing, a ”Pretrial Conference” is typically scheduled. At the Pretrial, the parties discuss the claims being made along with any defenses to those claims. This allows all parties including the compensation judge an opportunity to discuss what the specific issues will be at the time of hearing. Additionally, the hearing location will be decided and will be dependent upon the parties location and location of the injury.

The next step is the hearing. A hearing is held before a compensation judge (not a jury) who will determine the outcome of the case based on the evidence and facts of each matter. A record will be made which will be either digitally recorded or transcribed by a court reporter. Everything said in the courtroom will be recorded. Also, exhibits will be marked and offered which may include medical records, wage records, employment records, etc. After introduction of exhibits, a brief statement may be given by the parties outlining their position. From there, witnesses are called and testimony is given. After all the witnesses testimonies, a closing statement may be given by the parties. Following the conclusion of the hearing, the compensation judge will issue a written decision.

For more information about a Minnesota workers’ compensation hearing, take a look at my post here.

If after a decision a party wishes to dispute the findings, the aggrieved or losing party may file for an appeal with the Minnesota Workers’ Compensation Court of Appeals (WCCA). The notice of appeal must be made within 30 days after the decision from the compensation judge. Once the appeal has been made all parties are then required to submit written briefs outlining their positions and rational in either support or rejection of the compensation judge’s decision. Once the briefs have been submitted and arguments have been made, the WCCA will then issue a decision.

Lastly, in certain situations, the aggrieved or losing party may then appeal the WCCA’s decision to the Minnesota Supreme Court.

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.

Do I have to give a recorded statement?

David Kempston — Mon, 14 Jun 2010 12:00:13 +0000

You just sustained a work-related injury. A day or two later the claims representative assigned to your file by the insurance company contacts you and wants to take a recorded statement. Do you have to provide one? The answer is no. There is no requirement under Minnesota law that an injured worker provide a recorded statement to an insurance company. In fact, depending upon how soon the statement is taken, it may not even be admissible in a court of law. Caution is thus urged in providing a recorded statement.

While the insurer does have the right to conduct an investigation about the new claim, much of the information sought can be secured through a simple conversation. As such, it is entirely appropriate for an injured worker to tell an insurer that while they don’t feel comfortable giving a recorded statement, they will answer all of the questions that the insurer has about the injury and prior treatment. This generally includes the following information:

Some general background information about the injured worker;
Brief description of the injured worker’s job and duties;
Description of the work injury;
Description of the medical treatment sought after the injury;
Description of current symptoms and limitations; and
Description of prior problems involving the same or similar body parts as affected by the work injury.

Failure to provide this information to the insurer – if requested – will raise a red flag and may very well lead to a denial of an otherwise valid claim. The obligation to provide this information, however, should not be confused with the insurer’s request to take a recorded statement. They are not the same. In dealing with the insurance company, the injured worker should remember it is not a level playing field. The claims representative adjusts claims for a living. The injured worker does not. Additional questions about what information needs to be provided to a workers’ compensation insurer and when can be addressed to a competent workers’ compensation attorney.

Finding the right Minnesota workers’ compensation attorney

Jerry Sisk — Thu, 20 May 2010 13:00:10 +0000

Another lawyer and I recently had a conversation about how people find attorneys. He was quite surprised to hear how many people used the internet to find an attorney. He said, “how can someone make such a big decision just from reading a website.”

I began thinking about what he said - and it made a lot of sense. I have always been the kind of person to ask around, research and even try out things before I buy them. Why would an attorney be any different? If you think it about, it is very easy for attorneys to sound great on their website. This is part of their job.

The question, then, is how do you find the right attorney. Here are some steps that may help you to find the right attorney:

Ask around

Ask your doctor, chiropractor, friends and family. Check with the people you know and trust.

Research several attorneys

As you know, not everything you read on the internet is true. Look to find out more information about the attorney. Find out what this attorney has done in their profession. Places you can look would be:

Call the attorney and set up a time to talk either in person or over the phone

When you meet don’t be afraid to ask questions. Some questions you may want to ask include:

Does the attorney represent employers or employees, or both?
What is the attorney’s experience with your type of case?
Will other attorneys in the firm be working on your case as well?
Does the attorney try cases? Some attorneys do not try cases and would look to settle or pass along your file before a hearing.
Ask the attorney to explain the various steps involved in handling your workers’ compensation case.
Ask the attorney how often he or she will update you on your case. Find out the best ways to communicate with the attorney. Depending on your situation, the attorney may be able to provide a timetable that lays out the steps in the case. However, this may not always be possible.
Ask how long will it take for her to return your phone calls or emails. One of the biggest complaints I hear from injured workers who are looking to change attorneys is that their attorney does not return phone calls. Thus, ask when you can expect a return phone call from either the attorney or a staff member. Keep in mind, workers’ compensation attorneys are typically extremely busy and often are in court.
Ask how far will they be willing to appeal your case if necessary.
Ask if the attorney charges you for the costs of your case, as well as, the fees. Some attorneys include in their fee agreement that you will be responsible for paying these costs if your case is not successful.

Go with your gut

First impressions are always the most important. The attorney should look the part. If the lawyer comes in with a golf bag wearing golf attire you may question whether that lawyer is really going to spend the time necessary on your file. If it doesn’t feel right, keep looking.

Don’t be pressured

Some attorneys, like used car salesman, want to “close the deal.” Take your time. Think it over if necessary. Just make sure to let the attorney know soon after your decision whether you want them to represent you.

In the end, make sure you and your attorney have the same goals. You should be comfortable with the attorney’s working style. If you have questions or concerns about your legal matter, you express them to the attorney and listen to his or her responses. Follow through with any recommendation made by your attorney.

If you follow these steps, you should have some success in finding a workers’ compensation attorney for you.

We at the Law Office of Thomas Mottaz are workers’ compensation attorneys that help people with Minnesota work injuries anywhere in MN. Contact us and we will answer your questions or find the right lawyer for your situation.

DOLI’s Video on Minnesota Workers’ Compensation

Jerry Sisk — Mon, 17 May 2010 14:03:29 +0000

If you have some free time on your hands. Check out the video DOLI developed for injured workers. You will need Windows Media Player to view it or you can order a DVD through the website.

The video is about 50 minutes long so plan on sitting at your computer for awhile. If you have a general question you may be better off searching Comp Wonk or the DOLI website.

Mistakes Injured Employees Make with their Workers’ Compensation Cases

Jerry Sisk — Wed, 12 May 2010 03:22:45 +0000

The following is a list of some of the many mistakes employees make when they have a work-related injury or illness.

Failure to report an injury immediately

Often an employee fails to report their injury to their employer because they think it will heal or that it will get better. The motivating factor is typically that the employee is worried about negative repercussions from the employer. However, if the employee fails to report the injury until many days after the injury, the employer may deny the claim. And if an employee waits too long, the claim may be barred entirely.

Waiting to get treatment

The longer an employee waits to get needed medical treatment, the more likely the employer and insurer will deny the claim on the bases of a lack of impairment, injury, or illness.

Giving a recorded statement without legal advice

A recorded statement is a way for the employer and insurer to pin down the employee’s story. However, you may be answering questions the answers to which could have a drastic effect on your workers’ compensation benefits. Never give a statement without first talking to your lawyer.

Switching doctors

Once you have established care with one doctor, you can switch doctors only in limited situations, and you must go through a specific procedure to do so. An employer and insurer may deny your claim for the second doctor’s treatment if you do not receive proper approval.

Settling a case without representation

An employer and insurer may seek to settle your claim even if you do not have an attorney. Of course, the employer and insurer probably are not looking out for your best interests. Consequently, you may be giving up claims or getting less than you deserve if you settle without legal advice.

Going to a hearing without a lawyer

A hearing has drastic consequences for an employee’s workers’ compensation benefits. A hearing involves many different legal technicalities that could cause you to lose your claim. Many think if they lose they can always appeal and then get an attorney.

But he who represents himself has a fool for an attorney, as the old saying goes. Mistakes at the hearing can rarely be corrected on appeal because no new evidence is allowed on appeal.

Know who is looking out for your best interests

Many claimants think the claims adjusters, the insurance company nurse, or the insurance company rehabilitation worker is working for them. They do not realize they are in an adversarial relationship and that anything they say can be used against them.

Many of these mistakes can be avoided if you consult with an attorney. An attorney trained in workers’ compensation law can provide sound legal advice so you will not lose out on benefits. Contact the Law Office of Thomas Mottaz for experienced workers’ compensation attorneys who can assist you with your workers’ compensation case.

What to do if you have a work-related injury

Jerry Sisk — Thu, 13 Nov 2008 17:22:50 +0000

Keep the following in mind when you have a work related injury.

Step 1

Report your injury.

When you know you have a work-related injury, report the injury to your employer. And always ask to fill out an incident report. If your employer does not provide you with one, you can get a first report of injury form from the DOLI website (PDF).

While you do not have to fill out a first report of injury (FROI) or incident report, you do have to put your employer on notice of your injury.

In cases of repetitive injuries, you must report the injury as soon as you should reasonably recognize the nature and seriousness of the injury. Sometimes, you may not recognize this until sometime after the injury.

But you do have to give your employer notice so that they have an opportunity to furnish immediate medical attention in the hope of minimizing the seriousness of the injury.

Step 2

Get treatment.

Make sure to seek medical treatment. The longer you wait to get treatment, the more likely the employer and insurer will deny your claim.

Step 3

Hire a lawyer.

A qualified and experienced lawyer can fight for your entitlement to benefits. Even if an employer and insurer are paying your benefits, there may be additional benefits you may be entitled to.

Moreover, the employer and insurer may not be looking out for your best interests but instead trying to figure out whether they can limit their exposure. Consequently, you may need a lawyer who is knowledgeable in workers’ compensation and will be able to assist in making sure you receive proper and fair representation.