Minnesota Work Comp

In any Minnesota workers’ compensation case, the injured worker bears the burden of proving a work related injury. This is not always easy to do if there is no evidence corroborating the injured worker’s story and facts of the case.  After a work injury it is important to keep in mind the following:

Read the full story

 Powered by Max Banner Ads 

Tweet This Post

Minnesota work injury

According to research done by Performance Improvement International, most work injuries occur on Tuesday. Conversely, research done by Monash University Accident Research Centre for a 20 year period found that there were more injuries on Mondays (23.6% of the total) than on Tuesdays (21.8%), than on Wednesdays (20.3%), than on Thursdays (18%), than on Fridays (16.3%). There were more injuries in the mornings than in the afternoons for every day of the working week.

The Bureau of Labor and Statistics reports

• 87% percent of injuries and illnesses occurred on Monday through Friday, except in the leisure and hospitality sector, where 27% of injuries and illnesses occurred during the weekend.
• The eight-hour period from 8:00 a.m. to 4:00 p.m. accounted for 65% of the day away from work cases reported in 2006. The 4:00 p.m. to midnight time period accounted for 20% of the cases.
• Workers on the job from two to four hours before the incident incurred the highest number of injuries and illnesses (248,980 or 26% ). Employees on the job for more than eight hours accounted for 12% of cases.
• More injuries occur at the end of the night shift, at the 2nd part of the shift block, and in the summer. Accident rates are lower on weekends, especially on Sundays.

So what does this information mean for Minnesota workers compensation claims? Unfortunately, not much other than if you have a work injury make sure to report it to your employer immediately. If an injury occurs at the end of your shift, make sure to report it to your supervisor and seek medical treatment.

If you have any question feel free to contact me at my website.

 Powered by Max Banner Ads 

Tweet This Post

dependency benefits work comp Minnesota

This August, the Bureau of Labor Statistics issued a report titled, “Census of Fatal Occupational Injuries Summary, 2008.” The Bureau reported that a total of 5,071 fatal work injuries were recorded in the United States in 2008, down from a total of 5,657 fatal work injuries reported for 2007.  Some other key finding included:

• Fatal workplace falls, which had risen to a series high in 2007, also declined by 20 percent in 2008. Workplace suicides were up 28 percent to a series high of 251 cases in 2008, but workplace homicides declined 18 percent in 2008.
• Fatal occupational injuries involving Hispanic or Latino workers in 2008 were 17 percent lower than in 2007.  Fatalities among non-Hispanic Black or African American workers were down 16 percent.
• The number of fatal workplace injuries in farming, fishing, and forestry occupations rose 6 percent in 2008 after declining in 2007. Transportation incidents, which accounted for approximately two-fifths of all the workplace fatalities in 2008, fell 13 percent from the previous series low of 2,351 cases reported in 2007.

After a fatal injury, typically the deceased worker leaves behind family and loves ones. The deceased worker’s family is entitled to workers’ compensation benefits in the form of dependency benefits and burial expenses.

Read the full story

 Powered by Max Banner Ads 

Tweet This Post

Many of us think that if an injury occurs at work, it is automatically means that benefits should be paid. However, not every injury at work is covered under Minnesota workers’ compensation.

For example, the WCCA recently decided in Lester v. Allina Health System (WCCA 10/14/2008) that an employee’s fall at work resulting in a right ankle fracture was not compensable as it did not “arise out of” the employee’s employment.  The employee in this case was apparently walking from her parking ramp to her work station prior to beginning her shift when she fell on the carpet. At trial, the employee testified that she was really not sure what caused the fall other than possibly stubbing her toe, tripping over something, tripping over her own feet, or a simple misstep. The trial court and ultimately the WCCA felt she had failed to meet her burden of proof in order to establish a work injury. The court provided that in order for there to be a compensable work injury, the injury must “arise out of and in the course” of her employment.

So you may be asking then what does “arise out of” mean?

“Arise out of” refers to a causal connection between the injury and the employment. The employment or employment activities need to be the source of injury producing hazard. In other words, there needs to be some hazard that increases the employee’s exposure to injury beyond that of the general public.

It is not sufficient that an injury take place at work but instead their must be a connection to the employer and the injury beyond that of the general public.  The fact that you fall at work may not be enough, as there needs to be something at work to cause the injury. I believe the case above would have been different if the employee would have known how the injury occurred, such as by water, ice, a loose mat, etc.

Following an injury at work, it is good idea to consult an attorney who is experienced and knowledgeable in Minnesota workers” compensation law. Unfortunately, there are attorneys who may not understand all the caveats to the work comp law.  If you have an injury feel free to contact me at www.jerrysisk.com or at jsisk@noacklawoffice.com.

 Powered by Max Banner Ads 

Tweet This Post