Klampe Law Firm LLCKlampe Law Firm LLC2026-07-21T14:29:58Zhttps://www.klampelawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1403791/2022/03/cropped-site-icon-1-32x32.jpgOn Behalf of Klampe Law Firm LLC<![CDATA[What to do if you need medical treatment and your workers’ compensation claim is denied]]>https://www.klampelawfirm.com/?p=497232025-11-13T16:52:14Z2024-07-08T19:52:31ZReasons for a denial
There are a few reasons why workers' compensation might deny your claim. Some of these reasons are:
There is doubt that you were injured at work
The injury was caused by something other than work
You did not inform your employer of the injury
You did not seek medical treatment directed by your own doctor
You did not cooperate with the claims carrier or representative
You were under the influence of controlled substances or alcohol
You could also receive a denial if you failed go to the doctor hired by the workers' compensation insurer (“IME”).
What to do
In Minnesota, you need to file the Employee's Claim Petition. With this, you and the insurance company will be scheduled for a settlement conference to try to settle the dispute. If the case does not settle at the settlement conference, your claim will be scheduled for a formal hearing by a workers’ compensation judge with the Court of Administrative Hearings.
How to get medical treatment during a denial
If the claim has been denied but you require medical treatment, in most situations, you may still receive the medical treatment. Please contact the attorneys at Klampe Law Firm to discuss your options for coverage of that medical treatment.
A workers' compensation denial is not the end of the road. Employees should be aware of their rights.]]>On Behalf of Klampe Law Firm LLC<![CDATA[4 things to do after receiving a notice to discontinue benefits]]>https://www.klampelawfirm.com/?p=497182024-07-08T17:06:03Z2024-07-08T17:06:03Zworkers' compensation benefits in Minnesota.
1. Review the notice
Receiving a notice of discontinuance of benefits can be quite upsetting to an employee. It is important to set feelings aside and review the notice to ensure that it is accurate before doing anything else.
2. Understand the notice
If you determine the notice is accurate, it is important that you make sure to understand what everything on the document means. If there is something that is unclear, asking both the insurance company and an attorney about it is critical.
If you determine the notice is inaccurate, you must immediately inform the insurance company and request a conference, taking the steps indicated in the notice.
3. Note the timelines
If you wish to dispute or appeal the decision to discontinue benefits, it is important to act quickly as there will be very short time limits for doing so. Your specific timeline will depend on why the company is discontinuing your benefits.
4. Consult an attorney
If you disagree with something in the notice of discontinuance of workers’ compensation benefits, you should consult with an attorney to understand your rights. The attorneys at Klampe Law Firm are here to help you through that process.]]>On Behalf of Klampe Law Firm LLC<![CDATA[How do workers’ compensation settlements work?]]>https://www.klampelawfirm.com/?p=497202024-07-08T17:37:51Z2024-06-15T17:24:24ZHow workers' compensation settlements work
Workers’ compensation settlements are a payment of benefits on a compromised basis—meaning that neither the insurance company nor the employee achieves the full results they would if they won their case at hearing.
How each type of settlement works
Two types of workers' compensation settlements are full, final, and complete settlements and to-date settlements. Full, final, and complete settlements provide employees with a set amount of monetary benefits with a promise by the employee that they will not attempt to seek any more money from the insurance company. To-date settlements make the benefits current to a specified date typically determined by the parties, and then the employee may be able to pursue more benefits in the future. There are pros and cons to each type of settlement that the employee should carefully consider. If you are unrepresented, the attorneys at Klampe Law Firm can help you sort out which of the settlement options may be available for you.]]>On Behalf of Klampe Law Firm LLC<![CDATA[The role of a workers’ compensation attorney in the claim process]]>https://www.klampelawfirm.com/?p=495992025-11-13T17:36:45Z2023-05-24T14:28:53Zpersonal injury from your work duties, it stands to reason that your employer’s workers' compensation insurance will ensure that you can afford medical treatment and receive coverage for lost wages. While it should be as simple as filing a claim and promptly receiving compensation, it is often more complicated than that.
Workers' compensation claimants sometimes face resistance from their employers or the insurance company. By understanding the workers’ compensation process, including how an attorney can serve you, you can achieve a quicker and more desirable outcome for your claim.
How can a workers' compensation attorney assist with your claim?
Involving an attorney early on in the Minnesota workers' compensation claim process ensures that you will take the right steps along the way. Your attorney can guide how best to approach each situation and help you understand the benefits due to you. An attorney can also represent you in discussions or negotiations with the insurance company, or even before a judge if necessary.
If the insurance company is paying your claim, do you need an attorney?
If the insurance company agrees to pay your workers' compensation claim with minimal hassle, then it might seem like having an attorney is unnecessary. Keep in mind, though, that there are other complicated aspects to a workers' compensation case and that the insurer might attempt to pay out less than you deserve. Consulting with a legal professional can ensure that you get the full amount that your claim is worth, even if your case never goes before a judge.
In a workers' compensation case, it can easily feel like the insurance company is working against you. Having an attorney is a guarantee that someone is on your side and willing to advocate for your best interests at every turn. At Klampe Law Firm, our workers' compensation team will help you understand the workers’ compensation process and your rights.
We proudly serve clients in Rochester, Austin, Owatonna, and Winona.]]>On Behalf of Klampe Law Firm LLC<![CDATA[What are the 5 classifications of workers’ compensation cases?]]>https://www.klampelawfirm.com/?p=480352025-11-13T18:06:04Z2023-03-20T13:36:40Z main categories of workers' compensation claims.
1. Traumatic
This is a sudden personal injury that occurs while an employee is at work. In this scenario, the employee feels healthy and well prior to arriving at work, and there is a traumatic event at work that causes an injury – which may immediately prevent the employee from continuing to work.
2. Occupational disease
This is a condition that develops over time – longer than one workday or shift. The condition or disease is the result of the work activity or environment, such as a disease or a repeated stress injury. With this type of case, the employee will need to get a doctor’s report detailing the diagnosis and job-related cause of the condition.
3. Recurrence
This occurs when a prior injury, disability or other medical condition spontaneously returns or becomes more severe. In such cases, the recurrence does not have an intervening cause. A medical consult is necessary in such cases to prove that the condition has worsened.
4. Consequential
This refers to a situation where an employee’s existing work-related injury leads to impairment or weakness, which then causes a new injury. For instance, if an employee sustains a knee injury at work, and this causes them to limp, this may result in a consequential lower back injury.
5. Intervening
This is an injury that occurs outside of work, after the original event that caused the workers’ compensation claim. It refers to an employee re-injuring the same part of the body where they originally sustained a work-related injury.
Workers’ compensation is a valuable benefit for employees who sustain a work-related injury and are unable to work. However, the claims process is complex, so working with an experienced workers’ compensation attorney to navigate the process is often worthwhile.
We proudly serve clients in Rochester, Austin, Owatonna, and Winona.]]>On Behalf of Klampe Law Firm LLC<![CDATA[What are consequential injuries?]]>https://www.klampelawfirm.com/?p=481202025-11-13T18:45:27Z2023-03-20T13:36:00ZExamples
It may be confusing how one injury could lead to another. A consequential injury might include something like arthritis that sets into an injury site or infection after surgery to fix an injury. The Department of Labor explains a consequential injury is a consequence of the original issue because if you did not have that first injury, you would not have the second one.
Proof
When you want to submit a workers' compensation claim for a consequential injury, you will need to show that it has a direct link to the original injury. Usually, with your original injury, proving it is work-related and covered under benefits is not too difficult. A secondary injury, though, is tricky because you will have to provide medical evidence to prove your claim.
Process
The process of collecting benefits for a consequential injury is the same as for a primary injury. You must report it to your employer and file a claim. But you should expect the process to take a bit longer. You may even have to go to court. Still, if you are suffering because of issues stemming from your original work injury, you deserve to receive compensation.
Consequential injuries have coverage under workers' compensation. While they may not be as easy to claim, it is your right to receive benefits for them.
We proudly serve clients in Rochester, Austin, Owatonna, and Winona.]]>On Behalf of Klampe Law Firm LLC<![CDATA[What happens if you are in a crash with an uninsured driver?]]>https://www.klampelawfirm.com/?p=495302024-03-11T14:04:51Z2022-11-28T20:49:58Zsevere injuries was worrisome enough. You will likely be out of work for a while, face huge medical bills, and need time to focus on recovery. In most cases, the at-fault driver is insured, and their car insurance company will ultimately be responsible for compensating you for your personal injuries and losses.
Now imagine that you learn the at-fault driver was uninsured. How can a personal injury lawyer help? Too often, this is a reality faced by personal injury victims. Many uninsured drivers also lack personal assets to pursue, meaning they cannot pay out of pocket for your losses. In such cases, your own insurance coverages are often the only ones available to cover damage to your vehicle and your person.
Minnesota requires drivers to carry uninsured motorist insurance
If your vehicle is insured in Minnesota, then you may be able to pursue your injury claims through your own car insurance company. Minnesota requires all licensed vehicles to have coverages for liability/bodily injury, personal injury protection, and uninsured/underinsured motorist coverage.
Liability/Bodily Injury (BI) coverage would ordinarily be available from the at-fault driver’s insurance policy. Minnesota law requires a minimum coverage of $30,000 per person, $60,000 per crash for injuries to two or more people. But when the at-fault driver is uninsured, it means this kind of coverage is unavailable.
Your Personal Injury Protection (PIP) coverage will typically cover the first $20,000 of medical bills and $20,000 of economic/wage loss resulting from the crash. This amount can be higher if you have “stacked” coverage, in which case your limits may be greater. Oftentimes, serious injuries can swallow up these PIP benefits very quickly.
Your Underinsured Motorist (UIM) coverage can only apply when there is applicable bodily injury coverage available from the wrongdoer. Minnesota requires drivers to carry a minimum of $25,000 policy for injuries to a single person, up to $50,000 per crash for injuries to two or more people. These are minimum coverages, and it is often a good idea to carry higher limits. Some insurers will offer hundreds of thousands in coverage, or more, of uninsured and underinsured coverage.
Your Uninsured Motorist (UM) coverage basically kicks in when the wrongdoers have no car insurance. Just like underinsured motorist coverage, Minnesota law requires drivers to carry a minimum policy of $25,000/$50,000. It is often prudent to carry higher limits, as these minimums will likely not begin to cover your past and future losses in the event of a serious or catastrophic injury, or if you are out of work for an extended period of time and are a high-income earner.
Uninsured Motorist coverage provides important protection for victims who suffer an injury in a collision caused by an uninsured driver, because this coverage creates an avenue for compensation for the injuries you suffered in the crash.
With regard to property damage, if you have “collision” coverage in your car insurance policy, it will cover damage to your vehicle caused by an uninsured driver. This coverage is optional in Minnesota, and is frequently one of the most expensive items of coverage you may have on your policy. If there is a loan on your vehicle, it is very likely that this coverage was required by the lienholder or dealership. In many cases, this can be a financially life-saving coverage in the event of a collision with an uninsured driver that caused significant damage or a total loss to your vehicle.
Nearly 10% of state drivers are uninsured
Uninsured motorists are out there. A 2021 study by the Insurance Information Institute noted that nearly 10% of Minnesotans drive without insurance. That number is below the national average of 12.6%, but it is still a frightening statistic. Comparatively, the state with the most uninsured drivers is Mississippi with 29.4%. Minnesota has fewer uninsured drivers than neighboring states Iowa (11.3%), North Dakota (13%), and Wisconsin (13.3%), but more than South Dakota (7.4%).
Insurance that protects you
It is easy to forget how important it is to buy insurance to protect yourself. Advertisements by insurance companies often boast low rates, but with low rates may come low coverages. For many drivers, higher rates with better coverage should be strongly considered. Victims too often do not realize the importance of Uninsured and Underinsured coverage until they get into a serious collision. You may find it is wise to review and secure appropriate coverages, not necessarily the “cheapest” coverages, to protect you and your family in the event of a serious crash. If you are injured by an uninsured driver, a personal injury attorney can help you pursue claims through your own Uninsured Motorist policy.
We're thrilled to serve clients in Rochester, Austin, Owatonna, and Winona.]]>On Behalf of Klampe Law Firm LLC<![CDATA[Why you should hire a car accident attorney]]>https://www.klampelawfirm.com/?p=495312024-03-11T14:07:02Z2022-11-21T20:37:50Zpersonal injury attorney. There are many pitfalls for the unwary, and you can unintentionally limit yourself, your insurance benefits, and your ultimate recovery without a skilled personal injury attorney in your corner.
There are many tasks that a car accident lawyer will handle for you so that you can focus on your recovery. Those necessary tasks can be time-consuming and frustrating. Being injured in a crash, plus dealing with these tasks, can be overwhelming you if you have to deal with them on your own. While pursuing medical treatment, being out of work and trying to keep up your family and household can be so daunting that you may think pursuing a personal injury case is the last thing you have time for. A skilled personal injury lawyer will take those tasks off your hands and take active steps to gather the right evidence, make sure you’re treated fairly by the insurance companies, help you deal with medical billing issues, and monitor various facets of your case—all so that you can focus on what really matters, rather than on multitudes of paperwork and phone calls from insurance companies.
A guide, ally, recordkeeper, and protector
Working with an experienced personal injury attorney, you gain the benefit of a legal advocate prepared to help you through every post-collision step and seek a fair resolution for your case. An attorney will serve you as a:
Knowledgeable guide: For the uninitiated, the justice system can be overwhelming. With a personal injury attorney on your side, you gain a legal counselor who can review your case, provide valuable insight, explain potential outcomes, and represent you at every step, from intake to trial. Knowledge, training, and experience are central to choosing an advocate for your personal injury case.
Meticulous recordkeeper: Building an effective legal case requires a skilled attorney who will get things moving swiftly. There are often mountains of emails, letters, records, bills, and other correspondence and evidence that need to be tracked and organized in order to present your case as effectively as possible. Obtaining evidence in support of your case before it vanishes or witnesses start to forget—or can’t later be found—is something an experienced attorney will manage for you. An attorney may hire private investigators to obtain crucial documents, review the crash details, and interview witnesses, and work to preserve evidence that may otherwise disappear without quick action.
Valuable ally: Extensive injuries may require a great amount of medical treatment. While your medical treatment should be determined between you and your treating doctors, an attorney may have insight or help direct you to appropriate medical professionals, while also dealing with inquiries from insurance companies and hospitals. A skilled personal injury lawyer will be in your corner and can help take care of your legal case while you focus on your recovery.
Reliable protector: You should look to hire an attorney who has your best interests in mind at all times, whether seeking a settlement at the negotiating table, or a jury verdict in a courtroom. An attorney protects you from the pitfalls of the legal system, self-interested insurance companies, and other issues as they come up while seeking a fair resolution for your personal injury case.
If you’ve been seriously injured due to someone else’s driving conduct, a personal injury lawyer can be invaluable. Most attorneys represent personal injury victims on a contingency fee basis, so it can only help to consult with a personal injury lawyer early in your case. On the other hand, waiting too long can result in irreparable harm to your case. If you have been injured in a car crash, we recommend you consult with a lawyer at your first opportunity. At Klampe Law Firm, we offer free consultations to personal injury victims
Standing beside you
Knowing that you have an experienced and reliable attorney on your side can provide you with confidence and comfort, knowing someone is managing your case while you focus on your medical care. If you were injured by a negligent driver, it is your right to seek compensation for all the difficulties you have faced. Get an attorney who will stand beside you and get results.
We're thrilled to serve clients in Rochester, Austin, Owatonna, and Winona.]]>On Behalf of Klampe Law Firm LLC<![CDATA[Teenage and senior drivers: who gets into more car accidents?]]>https://www.klampelawfirm.com/?p=495322023-06-09T18:22:33Z2022-11-17T19:54:57Zserious car accidents, but teenagers are perhaps the most dangerous age group. Young motorists make up relatively small minorities of the driving public but cause more than their share of serious and fatal car crashes in the United States.
Teens and motor vehicle crash rates
According to the National Safety Council (NSC), in 2020, 16- to 19-year-olds made up just 3.5% of licensed American drivers, while drivers aged 65 to 74 represented about 13.7% of the total (for these groups, that means four older drivers for every one teen driver). The younger age group was nonetheless involved in 8.9% of motor vehicle crashes and 6% of motorists in fatal wrecks. Meanwhile, the older age group was involved in just 6.9% of car crashes and 7.7% of collisions in which someone was killed. The NSC further found that as age increases, crash rates steadily decrease, except for a slight increase for drivers over 75.
The Center for Disease Control (CDC) cites similar results with regard to teen driving, finding that teens aged 16-19 were involved in more crashes than any other group, with males drivers more than twice as likely to be involved in fatal crashes than female drivers. Furthermore, the risk of a crash increased with young passengers.
The CDC cites some explanations for these statistics, as there are some factors that may provide explanation. Inexperience behind the wheel is one thing virtually all teenage drivers have in common. Other factors considered include nighttime and weekend driving, not using seatbelts, distracted driving (like texting), speeding, alcohol use, and drug use.
It takes years to develop familiarity with vehicles, road conditions, safely speeding up and slowing down, and evasive maneuvers in emergency situations. Smartphones have also created significant risk for distracted driving. People of all ages have been caught attempting to use their phones while driving, but teen drivers are especially guilty of this dangerous habit. A survey in 2019 found that 39% of teens admitted to texting or emailing while driving at least once in the last 30 days of taking the survey. Distracted driving and inexperience, among other factors, help to explain why it is that teens unfortunately cause more crashes, including so many fatalities.
The consequences of bad young drivers on the roads
Teens who learn good driving skills and avoid bad habits can become very safe and dependable on the road. But there will always be young drivers who take unnecessary chances or drive while distracted or drunk, putting the rest of us in danger of serious injury from a car accident. If you are injured by a teen driver, reach out to Klampe Law Firm for a free consultation.
We're thrilled to serve clients in Rochester, Austin, Owatonna, and Winona.]]>On Behalf of Klampe Law Firm LLC<![CDATA[Don’t be fooled! The difference between ‘fault’ and ‘no-fault’]]>https://www.klampelawfirm.com/?p=484982024-03-11T14:09:31Z2022-11-17T14:49:20Zpersonal injury or property loss claim against the other driver can be complex. To win compensation, the other driver must have more fault than you. Fault may be obvious, or it can get very complicated. Most often, determining who is at fault in an accident is evaluated by looking at lots of factors, such as the police report, witness statements, weather, road conditions, video or photo evidence, roadway signage, drivers’ statements, and potentially a multitude of other factors. An experienced personal injury attorney can help sort out issues of fault.
We're thrilled to serve clients in Rochester, Austin, Owatonna, and Winona.]]>