The Minnesota Workers’ Compensation Act, Minnesota Statutes Chapter 176, requires employers to provide workers’ compensation insurance to its employees. Similarly, the Act provides for four separate and distinct causes of action where an employer attempts to evade its responsibilities under the Act. Section 176.82, subdiv. 1, provides a cause of action for: threatening to discharge... Read More →
Workers’ Compensation Attorney in Minneapolis, MN
Workers’ Compensation Benefits for Employees and Minnesota Requirements for Employers
Rarely does a person expect to be injured on the job, but it happens. Most employees do not think much of workers’ compensation or insurance until they are injured. Employers need to know their requirements to carry workers’ compensation benefits insurance. The area of workers’ compensation is difficult to navigate alone. Attorneys at Thompson Hall Santi Cerny & Dooley are experience in the area of workers’ compensation and can guide you through the process.
The Injured Employee’s Case
If you are an injured employee, Thompson Hall Santi Cerny & Dooley‘s attorneys can handle your workers’ compensation claim and ease your mind. Minnesota Workers’ Compensation deals with a complex set of statutes, rules, and decisions that control an employee’s entitlement to certain benefits when an employee is injured on the job. Employee’s workers’ compensation benefits may include temporary total disability benefits while unable to work, permanent partial disability benefits, total disability benefits, and payment of medical and other related bills. These benefits are intended to cover wage-loss, permanent loss of the use of a function of the body, medical expenses, rehabilitation expenses, and other out-of-pocket medical-related expenses such as mileage and prescriptions. Workers’ compensation benefits provide money to you, or your medical providers on your behalf, when you are injured or contract an occupational disease on the job.
The Employer’s Prevention or the Employer’s Case
If you are an employer and want to ensure you are in compliance with current law, or a claim has been made and you need representation, the attorneys at Thompson Hall Santi Cerny & Dooley can help you. Minnesota laws require employers to carry workers’ compensation benefits insurance for employees, whether through an independent agency or by obtaining approval for self-insurance upon proof of the employer’s financial ability to provide such insurance. There are penalties to employers who do not obtain workers’ compensation for their employees, even when the employer only has one part-time employee. If an employee suffers a qualifying injury but the employer does not have workers’ compensation insurance, the employee may request the appropriate benefits be paid by the state’s Special Compensation Fund instead. The employer will then be ordered to reimburse the Special Compensation Fund and pay an additional penalty. Alternatively, the employee may sue the employer in a civil suit, and may end up recovering more than the amount of workers’ compensation benefits that would have been owed.
Employers are not required to carry workers’ compensation benefits for independent contractors. Whether a person is an employee or an independent contractor depends on many factors, including the following: who controls the way the work is performed, how the worker is paid (salary or hourly vs. per job), who furnishes the equipment necessary to perform the work, who controls the premises where the work is performed, and what are the rights that are involved in discharging the worker.
Information is Key
When injured, an employee should save all relevant documents in a safe place. These documents may be letters, forms (including the First Report of Injury form), checks, bills, mileage and parking costs for medical, rehabilitation, and job-search appointments. An attorney should review these documents in order to determine what expenses are at issue for recovery. If you are the employer, an attorney can help you seek the relevant information from the employee in order to assess the issues at hand.
Minn. Stat. § 176.82, subd. 1, provides for a cause of action for: threatening to discharge an employee for seeking workers’ compensation benefit; intentionally obstructing an employee seeking benefits; or, discharging an employee for seeking workers’ compensation benefits. A claim for threatening to discharge an employee for seeking workers’ compensation benefits in violation of Minn.... Read More →
After a workers’ compensation claim is made by an employee if the insurer denies the claim the litigation process will begin. In order for an employee to determine the strengths and weaknesses of his or her opponent’s case, the employee must conduct “discovery.” In order for an employer and/or insurer to determine the strengths and... Read More →
The decision to settle can never be an easy decision to make. Many different factors need to be weighed into your decision. It is imperative that all of your options have been thought out so that an informative decision can be made. In first evaluating whether a settlement is reasonable or whether you should even... Read More →
The minimum wage for non-exempt employees of federally-covered employers is currently $7.25 per hour.89 The minimum wage for non-exempt employees of state-covered large employers is currently $6.15 per hour.90 The minimum wage for non-exempt employees of state-covered small employers (those with gross annual sales less than $625,000) and certain employees (i.e., sheltered workers, trainees) is... Read More →
Did an injury occur on the job? Are worker’s compensation benefits at issue? Can a worker be denied worker’s compensation benefits? Worker’s compensation benefits are often denied. Worker’s compensation insurers deny claims by filing a Notice of the Denial setting forth the reasoning for denial. This is the document that will document whether the insurer... Read More →