Who pays my medical bills when I have been injured in an accident?
Your own automobile insurance. Minnesota is a no-fault auto insurance state. Under this law, your own insurance must pay any medical care you receive because of your accident up to a certain amount. If you do not have a car, another insurer will pay these bills, either the insurer of a relative in your household, or of a car involved in the collision.

Can I choose which doctor I want to go to for my injuries?
Yes. You have the right to receive treatment from any doctor, chiropractor, or other health care professional of your choice, and to change doctors if you choose.

What if I am unable to work due to my injuries from the accident?
Again, your own auto insurance will pay for your wage loss. Under the Minnesota no-fault law your own insurance company will provide limited weekly payments for lost wages. An experienced personal injury attorney can help you and your family find other resources of income reimbursement that may be available under your personal insurance policy.

If I am in an accident, will my insurance rates go up?
Your insurance rates will not go up unless the accident was your fault. Each insurance policy sets the rules, but generally an accident is not considered your fault for rate purposes unless it is deemed at least 20% your fault.

Am I entitled to any other benefits while I am hurt?
Possibly. An experienced personal injury attorney will explain all benefits you are entitled to under your insurance company policy.

What fees do you charge for an accident case?
We charge nothing unless you receive a recovery.

Is it really necessary to hire an attorney to receive fair compensation for my injuries?
Unfortunately, in today's day and age, Minnesota law can be very difficult to navigate. Because there are usually at least three different insurance companies involved, even with a "routine" claim, it is important that you seek an attorney early on to assure that you do not forfeit any claims you may have, including your own health insurance. Typically, insurance companies do not strive to pay fair settlements to unrepresented people, but will pay top dollar when the injured person and their lawyer demonstrate they have done what it takes to win in court.

Who pays for my vehicle damage after an accident?
The insurance coverage for the driver that caused the accident is responsible for all of the damage to your vehicle, including any deductible. If you have collision coverage on your own insurance, you can sometimes collect the insurance more quickly minus your deductible and then your own insurance company will help you seek reimbursement from the at fault driver's insurance.

What if I do not want to go to court?
At Klampe, Delehanty & Morris, LLC, we leave that decision to you. It is often possible to resolve the claim with the insurance company without going to court. Most of our personal injury claims settle without going to court, or without even starting a lawsuit. But they settle fairly only when the insurance company recognizes we are prepared to go to court if a fair settlement is not reached.

If I hire a lawyer and make a claim, will that become public?
No. Your injuries and treatment and insurance settlements are private information we do not and will not disclose. Only if a lawsuit is filed in court is there a public record of the claim, and even then we do not seek publicity for the claim. We never advertise a client's favorable settlement.

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Do I need a lawyer?
It depends. Dissolutions (divorces) can become complicated when there are issues of retirement accounts, real estate, and children involved, either children common to you and your spouse or children of prior relationships. We would always recommend an initial consultation with an attorney to find out exactly what your rights are and what issues you may need to give extra attention.

How long will my divorce take?
Every divorce is different, and the time (and fees) involved usually depend most on how complicated the issues are and how much you and your spouse can agree upon. The less there is to fight about, generally, the quicker cases move along.

My spouse wants custody of our children. If I agree to this, do I lose my legal rights to them?
There are two types of custody: legal and physical. There are two ways to have custody: sole or joint. Even if one parent has sole physical custody (primary residence) of children, you can still enjoy significant parenting time (visitation) with them. You can also have the right to determine important decisions in the children's lives if you have joint legal custody. Lastly, if one parent has sole legal and physical custody, the other parent always has a right to access important records for the child's school, medical, religious and other training/treatments.

We have never been married, but live together and have a child together. She moved out and took our child. What are my rights?
First, you must determine whether you have been adjudicated as the child's father. If you have never been to court, but signed a Recognition of Parentage form (ROP) when your child was born, you have admitted paternity but have not been adjudicated as the father, you will need to have a court order adjudicating you the father. At that point, you can further pursue custody (physical and legal), and parenting time (visitation) with your child.

How is child support calculated?
Child support is a percentage of one's net income (gross income less taxes, health insurance, union dues, and prior support obligations). Generally the percentages vary slightly depending on how much you make and how many children you have. For example, if your net income is $1,000.00 per month and you have one child, your child support is 25% of $1,000.00 or $250.00 per month. There are additional calculations if there is a joint physical custody or split physical custody arrangement. Finally, there may be additional sums for which you could be responsible including health care premiums, unreimbursed medical expenses, and child care (day care) expenses.

My spouse left me with our children, how can I get child support?
You can visit your county social services office and speak to a representative from the Support and Recovery division. They can assist you, but this usually takes several months before any court ordered support would be put in place. If you need to apply for assistance (MFIP, Child Care Assistance, or Medical Assistance) the financial worker will direct you to Support and Recovery to begin the process. Another option is to consult with an attorney, who can help you file a motion with the court, and possibly draft an agreement with your spouse which may shorten the time you do not receive monthly support checks.

My spouse has abused me and I am frightened for myself and my children. What can I do?
If you do not feel safe in your home, you may seek shelter elsewhere, at least on a temporary basis. Call a family member, friend, or the Women's Shelter. If you cannot leave your home, you can go to the courthouse and file an Order for Protection to have your spouse removed from the home. The Court Administrator's office will make sure that your petition is filled out correctly and make arrangements for you to be notified whether your petition is granted or denied. From there, a court hearing may be necessary, and you should seriously consider hiring an attorney to assist you with that hearing.

Do you accept major credit cards as form of payment?
Yes. We accept Visa, MasterCard & Discover.

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How do I become a permanent resident?
Generally, to obtain permanent resident status a person must be eligible in an immigrant category and be admissible to enter the United States. Permanent Residence may be obtained by an Adjustment of Status if present in the United States or through Consular Processing if outside the United States.

How do I become a United States citizen?
US citizenship is obtained through the INS under a naturalization process. In general, only those who already have permanent resident status are eligible to apply for citizenship. After five years as a permanent resident you may apply for citizenship. If you are a spouse of a United States Citizen you may apply for citizenship after three years of permanent residency.

In addition, to qualify for citizenship, you must pass a test regarding minimal English skills and knowledge of the United States Government. Because certain rights and benefits attach to US Citizens if eligible a permanent resident should apply as soon as they are qualified.

How do I bring my family member to the United States?
A family member must be sponsored by another close family member who is a United States Citizen or a Permanent Resident (“Green Card Holder”).

US citizens may sponsor their spouse, children under the age of 21, and parents (if the sponsor is age 21 or older) for permanent residency. Because an immediate visa number is available for this category of immigrants, an application can usually be filed and the process completed in 6 months to a year depending on the ever changing case loads.

US citizens may also sponsor their children over the age of 21 and their siblings for permanent residency. These categories of immigrants take much longer with waiting periods for siblings often being twenty years or more.

Permanent Residents may sponsor their spouse and children under the age of 21, and adult unmarried children for permanent residency. Depending on the visa category and country of birth these types of immigrant visas can take months to years.

What is a visa?
A visa is an official endorsement by the US consul abroad that the person may seek admission to the US at a designated port of entry. It usually consists of a visa stamp in a passport. It does not give the right to enter the US. Once arriving in the US, the US Department of State and Department of Homeland Security then determine whether the person will be admitted to the US and the length and conditions of the stay. If admitted the INS will then issue a white card called an I-94 indicating the non-citizens status.

What do you charge for an immigration case?
In most situations we charge a one time flat fee depending on the type of immigration case. The first consultation is free.

Do you accept major credit cards as form of payment?
Yes. We accept Visa, MasterCard & Discover.

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Inquiries regarding employment concerns
Our office, most days, receives several calls from people who have been treated unfairly in their employment, fired for reasons they see as unfair, or with other employment concerns. Unfortunately, we cannot talk personally with each caller or offer legal advice without being retained. We have put together this summary so you can decide if it is worthwhile for you to schedule a paid consultation with one of our attorneys to discuss your employment law concerns in more detail. This summary is not intended to be legal advice to you, nor any directive about how you should respond to your particular situation.

At-will employment
Most employees in Minnesota are “at-will.” Unless you have negotiated an employment contract or are a member of a union, you are likely an “at-will” employee. This means that you have few protections and can be fired or demoted for “any reason or no reason at all.” For at-will employees there is usually no way to challenge unfair discipline or discharge, unless it was motivated by discrimination based on one of the categories protected by state or federal law. These include age, race, gender, religion, marital status, sexual orientation, disability and several other categories. For private sector at-will employees, the law in Minnesota does not protect against general unfair treatment or harassment not based on protected categories.

Whistleblower
Another exception to “at-will” employment is the Whistleblower Act. In general terms, it prohibits retaliation or discharge when an employee refuses the employer’s request to do something illegal, or faces employer reprisals for having reported the employer’s illegal behavior.

Requests to the employer
If you have been fired, there are two things you may wish to do promptly. First, if you ask in writing within fifteen (15) days of termination, the employer must provide you a written explanation of the truthful reasons for your termination. Second, you may wish to request, in writing, a copy of your personnel file. We recommend you keep a dated copy of the written request when you send or deliver it. When you receive your personnel file, keep it intact – do not mark it up or pull pages. Use a copy instead.

Discrimination claims
If you feel you are a victim of employment discrimination (age, race, gender, marital status, disability and other protected categories) you may want to contact the Minnesota Department of Human Rights in St. Paul, Minnesota. The telephone number is (800) 657-3704. The State will explain the process of filing a discrimination claim, without charge. Our law firm generally does not consider working on employment discrimination cases on a contingency fee basis until the employee files a charge with the State, and “probable cause” is found. We are available to be hired on an hourly basis to work with you to strategize, assist in filing the charge, or respond to the employer’s submissions to the State.

Unemployment Benefits
If you believe you have been terminated or fired for reasons other than misconduct, you may be eligible for unemployment benefits through the Department of Employment & Economic Development (DEED). You should apply for unemployment benefits as soon as possible after separation from your employer. Application may be made by telephone (877) 898-9090, or online at www.uimn.org using the Applicant Self-Service System. To be eligible for benefits you must be physically and mentally able to work, be available for suitable employment, and actively seeking suitable employment during the period of unemployment. You should submit an application for benefits even if you are unsure if you are eligible. DEED will notify you of your eligibility. We regularly represent individuals in the appeals process for denials of unemployment benefits.

Other employment concerns
Other areas of the law, or protections you might have, cannot be readily summarized and depend on your unique situation. You might want to schedule an in-person meeting with an attorney to discuss your concerns. Some of these other areas of the law include reviewing or helping to negotiate employment contracts and severance agreements, non-compete and confidentiality/trade secret agreements, severance agreements, unemployment compensation hearings and appeals, drug and alcohol testing, wages and overtime pay, family leave and maternity leave, veterans preference issues in public employment, workforce reduction, and similar concerns.

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What types of injuries are covered in a workers’ compensation case?
The Minnesota workers’ compensation system provides benefits if you suffer a personal injury or occupational illness or disease arising out of and in the course and scope of your employment.  Compensable injuries include traumatic injuries, non-traumatic (injuries resulting from repetitive trauma, movements or over-use of a body part in the performance of job duties), and pre-existing conditions or prior injuries that are substantially aggravated or accelerated by the work activities.

With limited exceptions, the employee does not have to prove the employer is at fault for the work injury.  Likewise, the employee’s fault in causing the injury is irrelevant.  The employee does not have the right to sue the employer for tort or civil damages.

What does workers’ compensation pay for?

●  Medical benefits
The employer or employer’s workers’ compensation insurance carrier will pay for reasonable and necessary medical care related to the work injury or illness.  This may include prescription costs and reimbursement for mileage to medical appointments.

●  Wage loss benefits
If you are unable to work due to your work injury or illness you may receive two-thirds of your gross weekly wage at the time of your injury.  Wage loss benefits are paid at the same intervals as your employer paid your wages before your injury.

●  Permanent disability benefits
If a work injury or illness causes a permanent loss-of-use or functional limitation of a body part or prevents you from ever returning to a steady job and earning a living from work you may be eligible for monetary compensation.

●  Vocational rehabilitation benefits
If you are unable to return to your employer because of your work injury or illness you may be entitled to assistance and services in helping you find another job, learn a new skill or be retrained to re-enter the work force.

●  Death benefits
The spouse, children and/or dependents of a worker who dies because of a work-related injury, accident or occupational illness may be eligible for death benefits.  Burial expenses may also be available.

What should I do if I am injured on the job?

●  Report your injury to your supervisor or employer immediately.  Your employer must complete a First Report of Injury form regardless of the severity of the injury.  A copy of this form must be given to you.  Your employer or its insurer will investigate your claim to verify it was work-related.

●  Seek medical attention for your injury or illness.  If your claim is accepted you may choose your own health care provider (unless your employer has a “certified managed care plan”).  Inform your health care provider that your injury is work-related and have the provider direct all bills and supporting documentation to the workers’ compensation carrier or your employer.
             
●  Keep your employer informed of your medical condition, ability to return to work and any work restrictions.  Communication between you and your employer is very important.

●  Save copies of all claim-related documents, letters, forms, benefit check stubs, medical bills and mileage to medical appointments.

How much will it cost to hire an attorney to represent me in a workers’ compensation case?
Generally, attorney fees are paid on a contingency fee basis (meaning attorney fees are only paid if you receive an award or benefit) and may only be based on genuinely disputed claims or benefits.  In disputes involving medical and/or vocational benefits an employer or insurer may be ordered to pay hourly fees to the employee’s attorney.  There are also situations where an employer may be ordered by a judge to reimburse an employee for attorney fees.

What if my employer or its insurer denies my claim for workers’ compensation?
If your employer initially denies your claim for a work-related injury or illness, the employer will not be initially obligated to provide any medical benefits or wage loss benefits. You will be required to file a claim petition with the ADD Office of Administrative Hearings delete Department of Labor and
Industry and litigate your claim. Your claim may be settled, mediated or ultimately tried in an administrative hearing before a hearing officer who will determine the liability of the employer and your entitlement to benefits.

The Minnesota workers’ compensation system provides benefits if you suffer a personal injury or occupational illness or disease arising out of and in the course and scope of your employment. Compensable injuries include traumatic injuries, non-traumatic (injuries resulting from repetitive trauma,
movements or over-use of a body part in the performance of job duties), and pre-existing conditions or prior injuries that are substantially aggravated or accelerated by the work activities.

With limited exceptions, the employee does not have to prove the employer is at fault for the work injury. Likewise, the employee’s fault in causing the injury is irrelevant. The employee does not have the right to sue the employer for tort or civil damages.

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