The Process For A Workers' Compensation Claim Petition

If you have had a workplace injury claim denied or if your claim has been accepted, but you are asking for a benefit that is not being given voluntarily, you may need to file a claim petition with the Minnesota Department of Labor and Industry, so that you can get all the benefits to which you are entitled.

There may be a dispute over the extent of your disability or over which body parts are subject to disability. You may have had your benefits terminated when you returned to work, but now find yourself unable to work again because of the same medical problem. You want an attorney who understands the process for a claim petition, one who can help you get all the benefits to which you are entitled.

Contact the Fellman Law Office online to schedule a free consultation about your workers' compensation claim.

Experienced And Aggressive Workplace Injury Lawyer

At the Fellman Law Office in St. Paul, attorney Mark Fellman brings over 30 years of experience to people throughout the Twin Cities who need to file a claim petition. He has a comprehensive understanding of the process involved and how to help you get the results you need. For a number of years, Mr. Fellman has been named a Minnesota Super Lawyer by Minnesota Law & Politics, Minneapolis/St. Paul Magazine, and Twin Cities Business Magazine. AV-rated* under Martindale-Hubbell's Peer Review Rating System®, he was picked as a Top 100 Minnesota Super Lawyer in 2006 and 2007.

The Process For A Claim Petition

Once you have filed a claim petition with the Department of Labor and Industry, the process includes:

An answer from the insurance company: The insurance company will respond to all the assertions in the petition.

Depositions by the insurer: The insurance company will want to take testimony from you and have that testimony recorded by a court reporter. I will act as your attorney at the deposition and will meet with you beforehand so that you know what to expect. The deposition will most likely take place 60-90 days after the Answer is filed.

A medical examination: The insurer is entitled by law to have you examined by a doctor of its choosing. I will notify you of the time and place of the examination and will help you prepare for the exam. I will also provide you with a copy of the doctor's report and review it with you.

The settlement conference: Approximately 6 months after your Claim Petition is filed, a settlement conference will be held where a judge will help you explore any possibility of settlement. I will help you prepare for the conference and will give you my honest assessment of whether and when you should seriously consider settling your claim.

Pretrial: If you do not resolve your claim during the settlement conference, the case will be set for trial. The Office of Administrative Hearing will schedule a Pretrial Conference where the parties identify the issues to be tried, the exhibits to be submitted, and the witnesses who will testify.

Trial: As a general rule, trial usually occurs about 10-12 months after the Claim Petition is filed and usually lasts one day. I will work closely with you to prepare you in advance of trial.

Decisions and appeals: The judge must issue a written ruling within 60 days of the conclusion of the trial. Any appeal must be filed within 30 days of receipt of the court's ruling.

Helping You Understand The Process For A Claim Petition

Contact our office online or call us at 651-222-9515 to schedule a confidential consultation. We provide representation to workers from throughout the Minneapolis-St. Paul area.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories - legal ability and general ethical standards.