I have to say I am impressed with the new Department of Labor and Industry website which is a lot more “user” friendly. In my opinion injured workers will be able to find information more readily than before. The link more relevant for injured workers can be found here.

An employee’s guide to the workers’ compensation system can be downloaded in two formats, English and Spanish. The guide provides very useful and helpful information for injured workers.

Although the DOLI website provides useful information I would strongly urge injured workers to consult a workers’ compensation attorney. In too many cases, an injured worker waits until the last minute before consulting an attorney. If the injured worker had retained legal counsel many of the problems would have been resolved quickly and efficiently.  An initial consultation is free and all fees are contingent whereby there is no cost to  the injured worker for obtaining counsel. Sometimes it is better to be safe than sorry.

(photo: MN DOLI)

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The Department of Labor and Industry has a great resource of Workers’ Compensation forms on PDF.  To view the PDF versions, you will need Adobe Acrobat Reader. These forms can be edited on your computer and then printed off.

Although these form are offered to the public, it is encouraged you contact an attorney who deals in workers’ compensation matters.  An attorney can assist you in bringing a claim for workers’ compensation benefits.

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In the wake of the Minnesota Office of the Legislative Auditor releasing the report on Minnesota workers’ compensation, Representative Tim Mahoney of District 67A discusses on Workday Minnesota that DOLI needs to be more accountable to injured workers. Rep. Mahoney wrote the following:

According to the report, there is as much as $26 million that is either uncollected or unaccounted for from businesses fined for not having workers’ compensation insurance. If the Department of Labor and Industry did a better job collecting money, there would be enough to hire back the investigators who could stay on top of the companies to make sure they are in compliance with the law.

This lax attitude in the program is unfair to workers who are injured on the job, companies who are following the rules and all Minnesota taxpayers. Reform is needed and now. It is time for more oversight to mandate employers are compliant and to ensure workers receive their full benefits. In many cases workers cannot return to the job after the injury. Workers’ compensation is a safety net and workers shouldn’t have to jump through hoops to collect the benefits they are rightly owed.

As Rep. Mahoney indicated, injured workers rely on work comp benefits to get themselves back to there pre-injury status. If the insurance company delays or refuses payment of benefits that are legally due, the more likely the injured worker will not get the treatment they need.

Accountability is a must in protecting the injured workers’ right to workers’ compensation.

Commentary: State’s program to help injured workers is badly in need of reform | Workday Minnesota

(photo| Get Pakistan)

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For those who have worked in workers’ compensation understand that on legitimate claims, insurance companies do not want to pay the injured worker. The Pioneer Press has reported that a recent audit by the Minnesota Legislative Auditor has found that insurers are mishandling a growing number of claims, including paying injured workers less than they deserve.

The full report from the Minnesota Legislative Auditor can be found here.

The report from the legislative auditor released Wednesday said mistakes are resulting in about $3 million a year in underpaid benefits, and there’s other evidence that insurers are trying to avoid legitimate payouts.

For injuries in 2006, about a quarter of claims denied within 14 days of the injury had been paid as of July 2008.

The report lays part of the blame on what it describes as a lack of oversight resources at the state Department of Labor and Industry.

The $3 million in underpaid claims represents less than 1 percent of overall benefits paid, but auditors recommended that the Department of Labor and Industry improve oversight.

They also recommended that department officials keep an eye on cases in which a claim initially was denied but was eventually paid. Officials could then more closely examine any insurer who might improperly deny a claim.

The auditor recommended that lawmakers hire an ombudsman for workers’ comp to help injured workers who might be overwhelmed by the process.

The audit also faults the state labor department for shortcomings in the enforcement of laws mandating that employers provide workers’ compensation coverage.

State law says the department must seek reimbursement plus a penalty from an uninsured employer when an injured worker’s benefits are paid out of a special state fund. But auditors found that between 1998 and 2007, the department’s reimbursement database shows billing records for fewer than half of the cases in which the state paid for benefits.

In a written response to the audit, Commissioner Steve Sviggum said his department is working on reforms to the system through an advisory council. Sviggum also said the department is interested in using an ombudsman for workers’ compensation.

The WCCA will meet on Monday, March 2, 2009 to discuss proposals for the legislature.

(Audit Detail workers’ comp problems | Pioneer Press)

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The Minnesota Department of Labor and Industry releases a quarterly publication called Compact. The February edition of Compact can be found here.

Some of the highlights include:

• A work comp brochure and other reports updated and online;
• Sviggum presents work comp reform recommendations to advisory council;
• Reminder concerning filing medical, rehabilitation requests and responses;
• Decrease in workers’ compensation costs over the last three years;
• 2009 Workers’ Compensation Symposium April 6, April 24 and April 30 – 8 a.m. to 1 p.m:  medical bill submission, review, payment and dispute resolution in light of Buck-Ulrick and Lehto.

MN DOLI also releases a quarterly summary of the WCCA decisions which can also be found here. The summarized decisions are from October 2008 to December of 2008.

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