Workers’ compensation is a serious business. For individuals who have suffered a workplace injury or struggle with an occupational illness or disease, time lost from work is, indeed, a hardship. Under Minnesota law, workers’ compensation is a no-fault system designed to assist injured workers in obtaining necessary compensation for their injuries without having to file a civil suit against their employer. Worker’s compensation also eliminates the employee’s burden of proof in proving his/her employer’s negligence, such as is the case in a civil suit.
The Minnesota Department of Labor and Industry oversees state workers’ compensation law. Its mission is to “ensure equitable, healthy and safe work and living environments in Minnesota” by providing education, outreach, education, and compliance in order to improve the quality of life for Minnesota workers and their families.
In order to successfully navigate the complicated workers’ compensation procedures, injured workers absolutely need the best workers’ compensation lawyer in Minnesota, and you have found him!
Workers’ Compensation Injuries Covered
Virtually any work-related injury is likely covered under Minnesota law as long as the injury occurred within the employee’s normal job functions. Workplace injuries as a result of a worker’s intoxication, self-injury attempts, gross negligence, rule or policy violations, and intentional or willful misconduct are generally not covered. Injuries sustained while driving to and from work are also not typically covered under the law.
Among the most common workplace injuries in which workers’ compensation claims occur are:
- Closed head injuries
- Carpal tunnel syndrome
- Puncture wounds
- Back and neck injuries
- Heart attacks/strokes while on the job
- Injuries sustained from inhaling/being exposed to toxic chemicals
Workers’ compensation can also assist workers with stress-related injuries including post-traumatic stress disorder (PTSD).
Types of Workers’ Compensation Benefits
Minnesota’s workers’ compensation insurance provides a variety of benefits to injured employees. These include:
- Medical benefits for hospital stays, physical therapy, medication, medical supplies, laboratory services, and dental care
- Temporary Partial Disability (TPD) benefits which pay two-thirds of the difference between the injured workers’s average weekly wage and his/her current reduced wages
- Temporary Total Disability (TTD) benefits which pay two-thirds of the employee’s gross average weekly wage at the time of injury for a maximum of 130 weeks or until the employee has found new employment, returns to his/her previous job, or is not participating in vocational rehabilitation
- Permanent Partial Disability (PPD) benefits for employees who have lost permanent and/or partial use of certain body parts in a workplace injury
- Permanent Total Disability (PTD) benefits for those injured and who are unable to return to any gainful employment
- Vocational Rehabilitation benefits such as job training, interview assistance, and workplace modifications.
Hiring an Attorney
One of the most critical components of workers’ compensation law involves understanding the legal environment. Having an experienced and knowledgeable workers’ compensation attorney in one’s corner is the first step in receiving the desired outcome.
A work injury is, indeed, devastating—not only for the worker but for his/her entire family—and injuries cause myriad other problems in addition to the injury itself. From navigating medical evaluations to protecting one’s job to obtaining fair compensation to dealing with the appeal process, navigating these rough waters alone simply adds more stress to an already stressful situation. An attorney is even more necessary in cases where employers have fired or discriminated against injured employees or those workers who have a serious and/or permanent injury.
Compounding the problem is that many workers’ compensation claims are initially denied. With Joshua Borken on his clients’ side, they can rest assured that he will go the extra mile, taking the case all the way to Court and appeal it if necessary, and work to get his clients the best possible outcome. This way, injured employees can focus on getting better instead of worrying about medical bills, living expenses, and other regular life stressors.
Joshua Borken represented countless employers and insurance companies in past workers’ compensation cases and now uses all that he learned to help injured workers fight and take back their lives. His practice is solely devoted to helping injured workers. Among his many success stories include assisting an employee with a heart injury overturn a workers’ compensation denial, reversing a denial for a repetitive shoulder injury, and obtaining significant medical expenses for a factory worker with a back injury that the insurance company denied.
For more information, or to schedule an appointment with the best workers’ compensation attorney in Minnesota, please contact us.