I have never been one to get on my soapbox and point fingers but this issue has been bugging me as of late. I assume this has been something plaintiffs attorneys have been dealing with since the dawn of man. How does an injured worker, who has been denied workers’ compensation benefits, who does not have health insurance or access to MinnesotaCare, receive proper medical treatment immediately following a work related injury?

The answer: They do not.

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For those claiming mileage for their work injuries (if you are not you should) the IRS will be lowering the mileage rate in January of 2009 to 55 cents per mile. Presently, the mileage rate is 58.5 cents per mile.

You should remember that under Minnesota workers’ compensation, an injured employee is entitled to medical and rehabilitation mileage.

Make sure to keep track of the miles and the dates the trips were made.

(photo: Flickr)

We all know that physical injuries are covered under work comp. What is not so clear is whether mental or emotional problems are covered. In certain situations, mental/emotional problems are covered by Minnesota workers’ compensation.

The law differentiates between mental injuries and places them into three categories.

1. Mental/Physical – This means the mental injury  causes a physical injury (i.e. heart attacks, ulcers, GERD, etc.).
2. Physical/ Mental – This means the physical injury causes the mental injury.
3. Mental/ Mental – This means where the mental stimulus causes a mental injury.

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When an injured worker has been off of work due to a compensable work injury and receiving temporary total disability benefits, an employer may choose to offer work to the employee.  In many cases, the work offered may not be the most acceptable position to the injured worker.  Incidentally, in some cases, if the injured worker refuses to accept the position there could be significant ramifications.

Under Minn. Stat. 176.101, temporary total disability compensation shall cease if the employee:

1. Refuses an offer of work that is consistent with the rehabilitation plan; or
2. If no plan has been filed, the employee refuses an offer of gainful employment that the employee can do in the employee’s physical condition.

The key is that once temporary total disability compensation has ceased, it may not be recommenced.  Clearly, refusing a job offer can be potentially devastating on your benefits.

It is important in cases where the employer is offering employment to you that if you, your doctor or your QRC believes it is not suitable, that you consider all your options before turning it down.  Retaining an attorney in this situation may be helpful in determining whether the job should be accepted or rejected.

(photo: Sox First)