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.