• WHAT IS WORKERS’ COMPENSATION?
  

  The Minnesota Workers’ Compensation Act is a set of laws established by the legislature to provide benefits to injured workers.  It is a no-fault act, meaning that benefits are payable regardless of fault.  It is also the exclusive remedy that an injured worker has against an employer for benefits related to an injury.  There are four basic benefits provided by the Workers’ Compensation Act, and include wage loss benefits, medical benefits, vocational rehabilitation benefits and permanent partial disability benefits. 

• WHO DETERMINES WHETHER BENEFITS ARE PAYABLE?
  The workers’ compensation insurer, or the self-insured employer, makes an initial determination of liability. If liability for benefits is denied, an injured worker can file a claim for benefits with the Minnesota Department of Labor and Industry. The case then proceeds through an administrative process to the Office of Administrative Hearings for settlement proceedings, and ultimately to an administrative hearing if a case cannot be settled. If there is an administrative hearing, a Compensation Judge makes a final determination as to whether benefits are payable. That decision can be appealed to the Workers’ Compensation Court of Appeals, and to the Minnesota Supreme Court.
• DO I NEED A LAWYER?
  Yes. Workers’ Compensation Law is very complex. There is nearly 100 years of case law associated with workers’ compensation. The law has evolved over the last several decades, so it is important to know the law for a specific date of injury. The procedural requirements for filing claims is also complicated, and a case can be dismissed or barred for failing to properly follow procedure. Most importantly, having a skilled, experienced workers’ compensation attorney can put your mind at ease.

Please contact me for more information.