Workers' Compensation Attorney Serving Minnesota

Workplace injuries are unfortunately common, leaving many Minnesota employees wondering how they will support themselves and their families during recovery. Workers' compensation is designed to provide financial relief and medical benefits, but the process can often be confusing and overwhelming and sometimes injured workers can face some resistance from their employer when claiming their entitled workers’ compensation benefits.  Employers and insurance companies have been known to unfairly reduce, delay, or deny claims by exploiting legal loopholes or even by just ignoring the law. 

Because of this, we at Gardner Law Office are here to help you learn what you need to know about workers' compensation in Minnesota and how an experienced attorney can help you make a claim and fight for the benefits you deserve.  

What Is Workers' Compensation?

Workers' compensation is a form of insurance paid by employers that provides medical benefits and wage replacement to employees injured during employment. This system is designed to help workers recover without the need to sue their employers, creating a process to manage work-related injuries and illnesses. 

Types of Benefits Available 

When you file a workers' compensation claim in Minnesota, you may be eligible for several types of benefits, including: 

• Medical benefits: Coverage for all reasonable and necessary medical treatment related to the injury which may include a physician, podiatrist, chiropractor, dentist, optometrist, osteopath, psychologist, psychiatric social worker, or any other person who furnishes a medical or health service of your choosing.  This also includes prescriptions, mileage and parking expenses incurred for your medical appointments. 

• Income replacement:

  • Temporary total disability (TTD): being out of work completely because of your work injuries;

  • Temporary partial disability (TPD): after returning to work but earning less money than before the work injury, whether it be by less hours, light-duty, or different employment.

  • Permanent total disability (PTD): after returning to work sporadically with insubstantial income and satisfying the criteria of being determined totally and permanently incapacitated.

• Permanent partial disability (PPD): For loss of use or a functional impairment as result of the work injury. 

• Vocational rehabilitation: Assistance from a Qualified Rehabilitation Consultant (QRC) to help you return to work, either in your previous role or in a new capacity. 

• Vocational retraining: A formal course of study in a school setting that is designed to train you to return to work in a different field.

• Death benefits: Financial support to the family members of workers who suffer fatal injuries at work. 

Don't face the aftermath of a workplace injury alone—let us help you achieve the financial relief and medical support you deserve. 

Common Workers' Compensation Claims

While every workplace and job function carries unique risks, some common types of workers' compensation claims can include: 

• Repetitive strain injuries (RSIs) are common due to repetitive tasks like typing in an office setting or working overhead in manual labor professions.

• Slips, trips, and falls frequently occur in various work environments and can cause serious injuries. 

• Machinery accidents are particularly prevalent in manufacturing and construction industries. 

• Occupational illnesses like asbestosis or chemical poisoning from prolonged exposure to hazardous materials. 

Understanding these common claims can help you be better prepared to navigate the workers' compensation process and secure the benefits you need during your recovery.

Steps in Filing a Workers' Compensation Claim

Navigating the workers' compensation process can be daunting. Here’s a simplified breakdown of the steps involved: 

1. Report the injury: Immediately notify your employer after the injury occurs. 

2. Seek medical attention: Obtain medical care and keep records of all treatments and diagnoses. 

3. File a claim: Submit your workers' compensation claim to your employer’s insurance provider. 

4. Wait for approval: The insurance company will review your claim and either approve or deny it. 

5. Receive benefits: If approved, you will start receiving the appropriate benefits. 

Filing for workers' compensation is not always straightforward. Having a workers' compensation attorney on your side can make a significant difference by helping you make sure that all necessary documents are completed and submitted on time, challenge denials of claims, and maximize the benefits available. 

How Our Firm Can Help

At Gardner Law Office, LLC, we are committed to supporting injured workers across Minnesota, including Minneapolis, St. Paul, Bloomington, Maple Grove, Woodbury, Fridley, and beyond. We offer free consultations to assess your case and discuss your options, and with almost 25 years of experience, our team is well-equipped to handle all aspects of your claim. 

Workers' Comp FAQ

How long can you be on workers' comp in Minnesota? 

• The duration of workers' compensation benefits in Minnesota depends on the severity of the injury and the type of benefits received. Temporary total disability (TTD) benefits can last up to 130 weeks and temporary partial disability (TPD) can last up to 275 weeks while permanent partial disability benefits can vary. Medical benefits for treatment of the work injury may last indefinitely.

What is the statute of limitations for workers' comp in Minnesota? 

• In Minnesota, the statute of limitations for commencing a lawsuit for a workers' compensation claim is three (3) years from the date of the injury if a First Report of Injury is filed by the employer and insurer with the Minnesota Department of Labor and Industry. It is six (6) years if no First Report of Injury was filed.

• However, if at any time the employer and insurer voluntarily pay workers compensation benefits, the statute of limitations is satisfied and no longer applies. 

Can I be fired while on workers' comp in Minnesota? 

• While it is illegal to fire an employee solely for filing a workers' compensation claim, employers in Minnesota can terminate an employee for other reasons, such as performance issues, unrelated to the workers' comp claim. 

What benefits are available through workers' comp? 

• Benefits may include medical benefits, income replacement (TTD and PPD), vocational rehabilitation/retraining, permanent partial disability and death benefits for the families of deceased workers. 

Must I only go to the doctor my employer tells me to go to?

• No. Within the first sixty (60) days after starting treatment for a work injury, an employee has the right to choose any health care provider to be their "primary physician." Any health care provider who treats the employee twice for an injury is then considered the primary physician. Any change of primary physician after sixty (60) days must be authorized.

Which employees are covered under workers' comp? 

• Most employees in Minnesota are covered under workers' compensation, including full-time, part-time, seasonal, and temporary workers. Also, if you were injured out-of-state while working for a Minnesota employer, you are also covered. Independent contractors, volunteers, and some agricultural workers may be exempt.