Understanding How Minnesota’s Workers’ Compensation Law Works
Workers’ compensation law can be complex, even if it seems rather cut and dry in some cases. While it may seem as if a claim will go through without a problem, over 70 percent of them are denied by the insurance companies for one reason or another. Fortunately, there are processes to be followed that can help ensure benefits are secured.
If you have been injured on the job and need to file a workers’ comp claim, you can with the help of an experienced St. Paul workers’ comp lawyer. When you have a knowledgeable attorney working for you, you strengthen your claim so that you increase your chances of approval. However, even strong claims are denied, and that means a strong appeal.
Minnesota Workers’ Comp Law Basics
First of all, you must notify your employer of the injury so that your employer can give you instructions on what to do next. You can also have your attorney help you throughout this process.
There are also different types of benefits based on the type of disability: permanent total disability, permanent partial disability, temporary total disability and temporary partial disability.
Another aspect of the law is that you are able to make the initial choice of which physician you use. However, you may be obligated to see a doctor in a managed care plan if there is one in effect. That is unless a relationship has been developed with a physician outside of the plan. It is presumed that a relationship exists if the employee has seen the physician twice within the two years following the injury.
After the injury, there is a three-day wait for temporary total disability. Compensation is retroactive if the disability continues for 10 days from the injury date.
As far as what the law says your attorney can charge, it’s 25 percent of the first $4,000 and then 20 percent of the next $60,000. In other words, the amount of money that attorneys can charge is capped by the law.
Help Appealing Claim Denials
When a claim is denied, sometimes the requested information can be provided and the claim is approved. Other times, a hearing may be needed. If a claim is still denied, then the judge’s decision can be challenged in another effort to achieve claim approval. Josh Borken is a St. Paul workers’ comp lawyer who has helped people throughout the St. Paul area, and as far away as Hibbing, go as far as needed to win their claims. Even if it seems like your claim is never going to be approved, you have a fighting chance to secure the benefits you need.
Still Have Questions? Reach Out.
An on-the-job injury is devastating in that it can remove you from the workforce, causing you to wonder how you are going to pay the bills and pay for medical care. This is why workers’ compensation exists. All of the doubt is removed from your mind once a claim is approved, but you must file first to be able to work toward that approval. With the help of a qualified attorney, you can. To learn more about your rights and options, call the Law Office Of Joshua Borken at 651-321-0778 to schedule a free consultation.