Not all work injuries are covered by insurance workers comp, only those which are aggravated or accelerated by the employer’s job responsibilities or accidentally occurred while performing a job duty. Work injuries are not covered if they are caused by an intentional employee action, rough housing, recklessness or intoxication.

Minnesota workers compensation provides benefits for a variety of occupational diseases and work injuries including:

• Abrasions and burns
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpel Tunnel
• Diseases caused by inhalation of chemicals or other toxins
• Back and neck injuries

Minnesota Workers Compensation Benefits:

Minnesota’s workers comp insurance provides wage loss compensation and medical benefits to employees who are injured.

• Medical Benefits – Medical compensation is provided to Minnesota workers who suffer an injury at work without a time or monetary limit and includes all medical care which is reasonable and necessary to treat a work injury. Care can include: doctor’s visits, laboratory services, prescriptions and hospital visits. Employees, under most circumstances, can choose their own physician and change doctors as desired.
• Wage loss compensation –
  • Permanent partial disability – Minnesota employees who have lost permanent use of certain body parts from their occupational illness or work injury will receive permanent partial disability benefits based on a rating assigned to them from worker’s compensation. To determine worker’s compensation benefits the rating assigned is multiplied by the dollar amount for the injury for a specific number of weeks to determine the amount paid.
  • Permanent total disability – Minnesota workers who have sustained an injury at work and are unable to continue working may receive permanent total disability payments. These benefits are calculated using a similar formula as temporary total disability benefits.
  • Temporary partial disability – Minnesota workers who sustain an injury at work and are able to return to work but their wage is lower due to their work injury, may be able to receive work injury benefits to compensate them for lost wages.
  • Temporary total disability (TTD)- Minnesota workers who temporarily can not work at all due to their work injury can receive weekly temporary total disability payments (with a waiting period). Benefits are 2/3 of the worker’s gross average weekly wage at the time of the work injury. TTD benefits may end when 1)the maximum number of weeks for benefits has been reached 2)the employee is not taking part in the vocational rehabilitation program 3)the worker has found new employment or has returned to their current job.
  • Vocational Rehabilitation Services – Minnesota worker’s compensation may provide vocational rehabilitation services to help an employee return to their current job or to find new employment if they can not perform their current job due to their physical or mental limitations.

Do I Need a Minnesota Worker’s Compensation Attorney?

Minnesota workers who would like assistance navigating complex workers compensation laws can contact a worker’s compensation lawyer. Minnesota workers do not have to hire a worker comp attorney to file their work compensation claim, but a work injury lawyer may be able to help the employee get the work injury compensation they deserve.

The first and third are from California and Florida, the second from Pennsylvania; taken together they reveal a shocking disconnect between treatment of perps and victims.

Roofer injured in 2003

According to a March 1 article in the Orange County (CA) Register, roofing contractor Michael Amzie Hollings “is expected to be sentenced to three years in state prison” after pleading guilty to various charges that boiled down to trying to hide workers, thereby paying nothing to the state’s workmen’s comp fund. No word from the Register on how long the scheme lasted, but it began unraveling in 2003 when a worker “fell from a roof and filed a workers’ compensation claim,” which resulted “in a denial of benefits,” according to prosecutors. The account also makes no mention of whether the injured worker ultimately received benefits–or even treatment.

On the one hand, the plea agreement shows how long such cases can slog through the system; on the other, even though Hollings faced a maximum sentence of 21 years and eight months, the expected three-year sentence should serve as a red flag for those who attempt to run similar schemes–at least, in California.

Agency owner dodges more than 1,000 counts

In another plea agreement reported today at pittsburghlive.com, 80-year-old William R. McCandless has apparently slipped through the system with a pretty sweet deal. Charged (along with his business) of “1,054 counts of failure to insure” from August 2006 through July 2009, McCandless “entered a general plea of no contest to a single count of failure to insure,” which is expected to net him a mere $3,000 fine plus probation.

One presumes the agency’s workers are now covered–and, of course, there’s no mention of anyone falling from a roof–but, still…more than a thousand counts? That must be one happy old guy.

Holdup victim awaiting surgery for more than a year

The next case is flat out tragic and has the father of an injured man taking on reform of Florida’s statutes, which were altered to prevent abuse by scam-running workers.

Posted March 01 at myfoxtampabay.com, this account tells the tale of Sam McGinnis, a drug store clerk gunned down during a holdup that netted $88 in Nov. 2008.

“We’ve all seen video of people caught on tape playing up their injuries and claiming benefits: people walking with a walker, and later walking just fine, or using or a cane where now you see it, now you don’t,” writes investifative reporter Doug Smith.

“But there’s nothing funny or phony about the video of Sam McGinnis, a clerk behind the counter at a drug store in Tampa, Florida on November 29, 2008. A camera inside the store shows a holdup.”

Cursed at by the robber and shot twice–for not moving fast enough–McGinnis still has a slug lodged in his back and remains “in constant pain,” with “[e]ven the simplest tasks . . . a challenge . . . and he says the workers’ compensation system is compounding his agony.”

Apparently, Florida’s worker-abuse reform went too far: Not only have the new regs have resulted in denial of surgery that would help McGinnis but also he’s been prevented from using his own private insurance–because he was hurt on the job.

“McGinnis hasn’t been able to get surgery that his doctors say could ease his pain because so far workers’ compensation won’t approve it. McGinnis says he had very good private insurance, but because he was hurt at work, he can’t use it.”

The article also says “McGinnis will need a lifetime of care.”

McGinnis’ father has begun a campaign to change the regs, creating a dual-track system, with one track for more routine on-the-job injuries and another for “for people who are catastrophically injured. . .” The father (Facebook profile here) has launched a Web site with a brief background and links to a youtube video and an online petition.

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Regardless of whether you’ve been hurt on the job, it’s wise to know the basics of workers compensation in case you, a friend or family member need to file a claim in the future. If you do get hurt, you should be aware of the first things to do or what to tell a co-worker who has been injured.

Sometimes an injured employee takes all the correct steps but still has trouble getting the claim taken care of; in that case here’s some information for problems with denial of benefits. If legal help is needed to help with the case, be sure to speak to a trained, experienced attorney.

These opinions are reaction’s to Lampert’s assertions about “self serving . . . [b]usiness leaders, regulators, public officials, and journalists” who “have become an echo chamber of self-support and self-congratulation, whether on TV, in print or at numerous conferences.” He also had comments for critics of his investment and store-upgrade choices, as well as the role of rating agencies and “the seizure of Fannie Mae and Freddie Mac . . . .”

But what employees might notice–past. current or potential–is his take on regulation. Some highlights:

• “I fear that Americans have been provided a false choice between a little more and a lot more regulation and taxes.”
• “On the other hand, there are many who believe that less regulation, less government interference, less arbitrary regulation when it does exist, and lower government spending will generate more growth and more jobs.”
• “However, in most industries and societies where there is more regulation, there is typically lower growth, lower employment, and less innovation.”
• “Self-regulation is a better idea and it is a better choice, whether for an individual or a corporation.”

Maybe he’s talking about tariffs or trade restrictions or minimum wage–or all the above. Regardless, let’s hope he’s not talking about job safety and treatment of injured workers.

Worker injured, reassigned–then fired

A couple of recent cases show that at least a few hundred Sears workers have benefited from workers comp regulations.

The first one, dating to August 2005, seems to be a win for Sears–at first blush. In this case, reported Feb. 9 at Leagle.com, a Virginia court of appeals agreed with Sears and its insurers, in the sense that it remanded the case back to the workers comp commission. The appeals court found the commission erred when it denied “Sears’s request for a hearing on its claim that William L. Cruse (claimant) filed his claim for benefits after the statute of limitations had run.”

Things may not be as bright for Sears as that ruling might indicate, though. Here’s how it started, according to the Leagle summary: “On August 10, 2005, claimant was injured while working for Sears. Sears filed an accident report approximately one month later. Claimant filed a claim for benefits with the commission on August 16, 2007.”

In other words, Cruse filed the claim six days past the ostensible two-year limit.

But “[w]hen the commission held its hearing on the claim, no representative of Sears was in attendance. Claimant appeared and testified about the events that led to his workplace accident. He also explained that Sears’s operations manager told him after the accident to go to the doctor and that the manager said, ‘Sears will take care of it, we’ll pay for it.’ The doctor prescribed physical therapy, which Sears’s insurance carrier refused to cover.

Claimant testified that when he informed his manager that the carrier refused to pay for the physical therapy, the manager said that claimant should go to physical therapy and ‘we’ll pay for it.’ ”

Apparently, though, Sears never paid any of the medical bills, but the company did lighten Cruse’s work duties and “and paid him regular wages for a short time after the accident”–when they fired him.

Commission rules injury compensable

Following the hearing, the commission ruled in January 2008 that the injury was compensable and awarded Cruse medical expenses. The statute of limitations was not mentioned in the ruling, and Sears remained quiet, for a while. Then, nearly three years since the injury, on “August 8, 2008, Sears filed a motion to vacate the award, contending that claimant did not file his claim for benefits before the statute of limitations had run and, therefore, that the commission did not have jurisdiction to enter the award.”

The commission not only denied a hearing but also the motion to vacate, saying the original ruling had been final and “that the statute of limitations was not a subject matter jurisdiction issue.”

Sears appeals

So Sears turned to the appeals court. In its analysis, the court considered several cases, appelate decisions and the statutes themselves, in consideration of Sears’s assertion that the employee was out of luck simply for waiting more than two years to file. The court didn’t agree, however, quoting statute showing that the two-year time period can be “tolled,” or extended, under certain, specific circumstances. Then the court cited a state Supreme Court ruling that found ” ‘[u]nder these circumstances,’ it was appropriate to ‘affirm the rulings of the [c]ommission,’ but also to ‘remand the case for a hearing’ on the question of the statute of limitations and the possibility that it was tolled. Id. at 411, 83 S.E.2d at 733.

“We find that Winston most nearly addresses the issues raised by Sears. The commission here did not address the issue of the statute of limitations, perhaps in part because Sears failed to appear at the hearing. Claimant did not explicitly raise any issues regarding tolling during the hearing before the commission, although some evidence in the record suggests that the statute of limitations in this case might be properly tolled for a period of time.

Appeals court finds ‘tolling’ provisions may apply

Thus, we conclude that this case, as in Winston, should be remanded for an evidentiary hearing on the statute of limitations and any tolling or estoppel provisions that may apply.”

So, in other words, Sears “won” in the sense that the Cruse case now returns to the workers comp commission. But it also sounds like the court recognizes that by not appearing at the original hearing, Sears may have left the door open for the commission to ignore the two-year filing requirement. Plus, according to a footnote, Sears may have a problem with having changed Cruse’s duties and paying him a regular wage for a time before canning him. Certainly, the court did not grant Sears’s motion to vacate the award, so this story’s not over.

EEOC settlement from earlier case

The story is over, however, for 235 former Sears employees, who will receive anywhere from $2,500 to $125,000 as a result of the largest ever settlement involving the Americans with Disabilities Act (ADA). As ohs.online explains, “On Feb. 5, the U.S. Equal Employment Opportunity Commission announced court approval of the distribution of a $6.2 million compensation fund in the landmark Americans With Disabilities Act (ADA) litigation between EEOC and Sears, Roebuck & Co. The distribution is being carried out pursuant to the terms of a consent decree approved by Federal District Judge Wayne Anderson on Sept. 29, 2009.”

This case dates to 2004, when, says law.com, ” The EEOC sued Hoffman Estates, Ill.-based Sears in 2004 following a complaint from John Bava, an injured appliance service technician who said Sears fired him after he took a leave for knee, wrist and back injuries suffered on the job. Bava is the only plaintiff to get the top $122,500 payout, based on his initiation and the facts of his particular case, said John Hendrickson, who leads the Chicago regional EEOC office that pursued the matter.”

Now, this is a settlement, so Sears did not plead guilty to anything, as explained at chicagobusiness.com, “Sears did not admit guilt as part of the settlement, which brought and end to a November 2004 lawsuit filed by the EEOC on behalf of a former Sears employee. That employee claimed he was fired from his Sears job at the end of a one-year workers compensation leave.”

Settlement benefits employees still on the job

Moreover, the benefits of the settlement extend beyond the damaged former employees. Back at ohsonline: EEOC “Chicago Regional Attorney John Hendrickson said, ‘The Sears case has been a long haul, but now it’s over–this is it. The court has enjoined future discrimination by Sears and approved the amount of money each class member will receive for the particular discrimination he or she suffered. Their day for compensation is here, and as far as the EEOC is concerned, that makes it a good day for everyone involved.’

“EEOC Trial Attorney Aaron DeCamp noted that, in addition to the disbursement of settlement funds, EEOC is seeing positive effects from the consent decree. ‘As a result of the decree, we believe Sears has an improved worker’s compensation leave process, and it has posted notices regarding the decree. We know that employees have been seeing the notices because we’ve been receiving inquiries as a result. So we think it’s pretty clear that our lawsuit genuinely benefited the employees of Sears and strengthened the company’s human resources processes.’ ”

So, despite Lampert’s protests to shareholder about free markets and government regulations, it doesn’t take a legal scholar to understand what might have happened to these hundreds of workers without regulations and legal recourse.

*************************************************************************************************************

Regardless of whether you’ve been hurt on the job, it’s wise to know the basics of workers compensation in case you, a friend or family member need to file a claim in the future. If you do get hurt, you should be aware of the first things to do or what to tell a co-worker who has been injured.

Sometimes an injured employee takes all the correct steps but still has trouble getting the claim taken care of; in that case here’s some information for problems with denial of benefits. If legal help is needed to help with the case, be sure to speak to a trained, experienced attorney.

Minneapolis workers compensation is a no-fault system which is designed to provide work injury compensation to Minneapolis workers who suffer a work injury from their normal employment activities. To receive work injury compensation the Minneapolis worker does not have to prove their employer’s negligence caused their work injury.

A work injury can be any type condition which is accelerated or aggravated by an employee’s job duties, but the employee must be able to prove that their job substantially contributed to their work injury. Not all work injuries are covered by workers compensation. Work injuries which are the result of an employee’s intentional actions, intoxication or horseplay may not be covered. Work injuries sustained travelling to and from work may not be covered as well as work injuries suffered while engaged in voluntary, recreational or social activities at work.

Common work injuries or occupational diseased which may occur while performing job duties may include:

• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpel Tunnel
• Diseases caused by inhalation of chemicals or other toxins

Minneapolis Workers Compensation Benefits:

Workers comp insurance provides medical benefits and wage loss compensation for Minneapolis employees. These benefits include:

• Medical Benefits – Minneapolis workers who suffer an injury at work are eligible for all medical care related to their work injury. There is not a time limit or monetary limit for workers comp medical benefits.  Medical benefits can include: doctor’s services, laboratory services, hospital stays and medication.
• Wage loss compensation –
  • Permanent partial disability – If a Minneapolis employee has lost permanent function of certain body parts from a work injury or occupational disease workers compensation will assign a rating for the loss according to a permanent disability schedule. The rating is then multiplied by a dollar amount or a specific number of weeks to decide the work injury compensation amount.
  • Permanent total disability – If a Minneapolis employee who has suffered an injury at work is not going to return to gainful employment they may receive permanent total disability payments which are calculated the same as temporary total disability.
  • Temporary partial disability – Minneapolis workers who are injured at work and return to work, but due to their work injury are unable to make as much as they were making before their injury, may be eligible to receive temporary partial disability work injury compensation.
  • Temporary total disability (TTD) Minneapolis workers who suffer an injury at work and are unable to work at all may receive weekly compensation (subject to a waiting period) which is 2/3 of the employee’s gross weekly wage amount at the time of the work injury. Workers compensation law does establish statutory minimums and maxims for TTD payments and the payments can not be paid along with permanent partial disability benefits.
  • Vocational Rehabilitation Services – If a work injury prevents an employee from returning to work, workers compensation may provide vocation rehabilitation services to retrain or help place an employee in another job position.

Do I Need a Minneapolis Worker’s Compensation Attorney?

Workers who sustain an injury at work do not have to hire a worker comp attorney but some work injuries can be serious and sometimes work compensation claims are denied. Employers, who may be more interested in their bottom line and saving costs, will have their own worker’s compensation lawyers.

Workers compensation lawyers can also help if a work injury was caused by a third party product or if an employee is suffering workplace discrimination or harassment due to the work injury.

Workers compensation or workman’s compensation is an insurance program created to provide immediate relief to employees without the employees having to file a personal injury claim for compensation. In exchange, California workers compensation law limits the amount of money which can be recovered from California employers.

Only work injuries or occupational diseases which are caused from the normal job requirements are covered by workers comp insurance. Work injury compensation is not provided to California workers who are injured while intoxicated, attempting to injure themselves or another employee or who are injured travelling to and from work.

There are a variety of occupational diseases and work injuries which are covered by California’s workers compensation. Some of the most common include:

• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpel Tunnel
• Diseases caused by inhalation of chemicals or other toxins

California Worker’s Compensation Benefits

Californian workers comp insurance includes: medical benefits, temporary disability benefits, permanent disability benefits, vocational rehabilitation benefits and death benefits.

• Medical Benefits – California workers who sustain an injury at work are entitled to full medical benefits provided by their employer with no limits to time or money. The employer generally selects the first physician the employee is required to see and after 30 days the employee generally is allowed to choose their own doctor. Additional medical expenses are paid such as doctor’s visits, hospital stays and medications.
• Temporary Disability- California employees who suffer an injury at work are entitled to temporary disability payments which are 2/3 of their lost wage amount. California workers compensation outlines a maximum limit for lost wage compensation.
• Permanent Disability- California workers who suffer an injury at work and are unable to return to work are eligible for permanent disability. California workers who sustain an injury at work and can return to work but due to their work injury they can not make the same wage they could before the work injury, may be eligible for workers compensation benefits. California workers compensation will determine the amount for permanent disability based on a variety of factors including the worker’s age, occupation, work capacity and work injury date.
• Vocational Rehabilitation – California workers who suffer an injury at work and are not able to return to their job may qualify for vocational rehabilitation benefits including job retraining and job placement.
• Death benefits – Dependents of California workers who die from their work injury or occupational disease are entitled to death benefits to compensate them for the deceased worker’s lost wages. Burial expenses are also paid up to an established limit.

Do I Need a California Worker’s Compensation Attorney?

Workers compensation law can vary by state and can be complicated. Many insurance workers comp cases are settled easily and without dispute, but many are denied. Work injury lawyers can help California workers get the compensation they deserve and help fight employers and their worker comp attorneys if they are more concerned with saving money than helping the employee recover from their work injury.

Worker’s compensation or workman’s compensation eliminates the need for the injured employee to file a personal injury claim and endure an expensive and protracted legal battle for compensation. Instead, the employer, without assuming negligence, provides immediate compensation to the employee and the employee accepts a limited monetary benefit.

Massachusetts workers compensation provides benefits for almost all work injuries which occur within the “normal” course of business. Work injuries not covered by worker comp insurance can include:

• Work injuries caused by rough housing.
• Work injuries caused by intentional employee actions meant to injure themselves or other employees.
• Work injuries caused by alcohol or drug intoxication.
• Work injuries occurring while travelling to or from work.
• Work injuries occurring while engaged in voluntary, recreational activities at work.

Massachusetts workers compensation law provides worker compensation for a variety of work injuries and occupational diseases including:

• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpel Tunnel
• Diseases caused by inhalation of chemicals or other toxins

Massachusetts Workers Compensation Benefits

• Medical Benefits – All necessary and reasonable medical benefits are provided for Massachusetts workers who are injured at work. Benefits can include: hospital stays, surgeries, physical therapy, doctor’s visits and medication. The Massachusetts Department of Labor maintains a list of approved doctors for the employee to select from, but the first doctor’s visit must be approved by the employer.
• Temporary Total Disability – Temporary total disability is given to Massachusetts workers who sustain an injury at work and can not return to their job. The first five days are not compensated unless the worker misses 21 calendar days. Temporary total disability is 60% of the worker’s average weekly wage. Massachusetts workers compensation law outlines a maximum amount allowed. Temporary total disability benefits are paid up to 156 days beginning on the 6^th day of incapacitation.
• Permanent Partial Disability – Massachusetts workers who have reached their maximum medical improvement but have residual injuries or loss of body function can receive permanent partial disability benefits. The amount paid and duration of payment can depend on the severity of the disability.
• Permanent Total Disability – Massachusetts workers who sustain an injury at work and have exhausted their temporary total disability benefits can apply for permanent total disability benefits. Work injury benefits for employees who have sustained a work injury which is so severe that they are unable to return to work are 2/3 of their average weekly wage (subject to a maximum). Benefits can be paid until the worker reaches 65 years of age.
• Vocational Rehabilitation – Massachusetts workers who have sustain an injury and can not return to their job can receive vocational rehabilitation training which can help them find new employment. Vocational training can include:  job counseling, testing, retraining and job placement.
• Death Benefits – Surviving beneficiaries of a Massachusetts worker who dies from a work injury or occupational illness can receive funeral expenses up to $3,000 and death benefits which are 2/3 of the deceased workers average weekly wage. The spouse can be paid until they are remarried.

Do I Need a Massachusetts Worker’s Compensation Attorney?

Worker’s compensation lawyers can help Massachusetts employees who sustain an injury at work file their work compensation claim. Worker’s compensation laws can be complicated and it may be a good idea to have a work injury lawyer helping the employee fight for the compensation they are due.

New York’s workers compensation insurance is not provided for work injuries which are intentional, willful or self-inflicted. Work injuries are also not covered if they are the result of alcohol or drug use or rough housing.

Workers comp insurance covers most occupational illnesses and work injuries including:

• Amputations
• Pulmonary conditions
• Abrasions
• Work related heart attack or strokes
• Toxic chemical or smoke inhalation causing pulmonary complications
• Burns
• Neck, knee and back injuries
• Concussions

New York Worker’s Compensation Benefits

Work comp benefits can include medical compensation and wage loss protection paid by the employer’s insurance company. New York Worker’s Compensation Board processes the claims and pays them to the employee regardless of who was at fault for the work injury.

New York workers who suffer an injury at work can receive:

• Cash Benefits – New York workers who suffer an injury at work can not receive cash benefits for the first seven days of their work injury unless it last more than 14 days. The amount paid to the employee is a percentage of their average weekly wage for the past year. To calculate the amount of benefits which the employee may qualify for the following formula is used: 2/3 x average weekly wage x % of disability = weekly benefit. Disability benefits may also be paid to workers who return to work but can not make the amount of money they could prior to the work injury.

• Medical benefits- New York workers who suffer an injury at work can receive medical care benefits for the original work injury. Medical care which is compensated can include: diagnostic tests, MRIs, x-rays and other necessary exams.
• Dependent benefits – Beneficiaries of New York workers who die from their work injury or occupational illness can receive certain death benefits. Dependent benefits are 2/3 of the deceased worker’s average weekly earnings for the year prior to the work injury. Workers compensation establishes a maximum amount of compensation (regardless of the number of dependents). The estate may receive $50,000 if there are no dependents. Funeral expenses of $6,000 are paid in metropolitan New York but other counties limit expenses to $5,000.

Do I Need a New York Worker’s Compensation Attorney?

New York workers who sustain an injury at work can hire a work injury attorney or file their own work compensation claim. It is important to remember that employers will have their own work comp attorneys representing their interests. Worker’s compensation lawyers can also help if a work injury was caused by a third party or if it has led to discrimination or workplace harassment.

A work injury can be any type condition which is accelerated or aggravated by an employee’s job duties, but the employee must be able to prove that their job substantially contributed to their work injury. Not all work injuries are covered by workers compensation. Work injuries which are the result of an employee’s intentional actions, intoxication or horseplay may not be covered. Work injuries sustained travelling to and from work may not be covered as well as work injuries suffered while engaged in voluntary, recreational or social activities at work.

Common work injuries or occupational diseased which may occur while performing job duties may include:

• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpel Tunnel
• Diseases caused by inhalation of chemicals or other toxins

Minneapolis Workers Compensation Benefits:

Workers comp insurance provides medical benefits and wage loss compensation for Minneapolis employees. These benefits include:

• Medical Benefits – Minneapolis workers who suffer an injury at work are eligible for all medical care related to their work injury. There is not a time limit or monetary limit for workers comp medical benefits.  Medical benefits can include: doctor’s services, laboratory services, hospital stays and medication.
• Wage loss compensation –
  • Permanent partial disability – If a Minneapolis employee has lost permanent function of certain body parts from a work injury or occupational disease workers compensation will assign a rating for the loss according to a permanent disability schedule. The rating is then multiplied by a dollar amount or a specific number of weeks to decide the work injury compensation amount.
  • Permanent total disability – If a Minneapolis employee who has suffered an injury at work is not going to return to gainful employment they may receive permanent total disability payments which are calculated the same as temporary total disability.
  • Temporary partial disability – Minneapolis workers who are injured at work and return to work, but due to their work injury are unable to make as much as they were making before their injury, may be eligible to receive temporary partial disability work injury compensation.
  • Temporary total disability (TTD) Minneapolis workers who suffer an injury at work and are unable to work at all may receive weekly compensation (subject to a waiting period) which is 2/3 of the employee’s gross weekly wage amount at the time of the work injury. Workers compensation law does establish statutory minimums and maxims for TTD payments and the payments can not be paid along with permanent partial disability benefits.
  • Vocational Rehabilitation Services – If a work injury prevents an employee from returning to work, workers compensation may provide vocation rehabilitation services to retrain or help place an employee in another job position.

Do I Need a Minneapolis Worker’s Compensation Attorney?

Workers who sustain an injury at work do not have to hire a worker comp attorney but some work injuries can be serious and sometimes work compensation claims are denied. Employers, who may be more interested in their bottom line and saving costs, will have their own worker’s compensation lawyers.

Workers compensation lawyers can also help if a work injury was caused by a third party product or if an employee is suffering workplace discrimination or harassment due to the work injury.

Workers comp insurance covers a variety of work injuries and occupational illnesses. Most Florida employers are required to provide work injury compensation to employees who sustain a variety of work injuries including:

• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpel Tunnel
• Diseases caused by inhalation of chemicals or other toxins

Workers comp insurance does not cover all injuries which occur at work. Employees who are injured while intoxicated, rough housing, engaged in a voluntary, recreational activity or travelling to and from work may not receive work injury compensation.

Florida Workers Compensation Benefits

Florida worker’s compensation provides a variety of immediate benefits to Florida workers who suffer an injury at work. Work injury compensation can include: medical benefits, temporary total disability benefits, temporary partial disability benefits, vocational rehabilitation and death benefits to surviving spouses and children.

• Medical Benefits – Florida worker’s compensation benefits include all reasonable and necessary medical care for a work injury. Doctor’s visits, hospital stays, medical screenings, laboratory services and medications are all covered by workman’s comp insurance.
• Temporary Total Disability Benefits – Florida workers who suffer a work injury and are unable to work can receive temporary total disability benefits which are 2/3 of their regular wage. Benefits do not begin until 7 days of missed employment. If the work injury last more than 21 days the first seven days are paid.
• Permanent Partial Disability Benefits – Florida workers who suffer an injury at work and are able to return to work but due to their residual disabilities can not make 80% of their previous wage amount may be eligible for permanent partial disability benefits.
• Permanent Total Disability Benefits – Florida workers who sustain an injury at work and can not return to any type of employment may be eligible for permanent total disability benefits.
• Death Benefits – Surviving beneficiaries of Florida workers who die within one year after their work injury or 5 years of being continually disabled from their work injury or occupational illness may receive $150,000 in work injury compensation. Burial benefits are also allowed up to $7500 through Florida’s workers comp insurance.
• Vocational Rehabilitation Assistance – Florida workers who suffer an injury at work and due to their work injury are unable to continue in their current employment may receive vocational rehabilitation services to help them re-enter the workforce.

Do I Need a Florida Worker’s Compensation Attorney?

Florida workers can file their own workers compensation claim or they can hire a worker’s compensation lawyer to help. Florida employers and their adjusters will always have their own work injury attorneys working for them. Work comp attorneys can help employees make sure their work compensation claim is filed correctly and they receive all the wage benefits and medical care they need to return to work.

Work injury lawyers should be contacted if the work injury was caused by a third party or if the Florida employee is the victim of workplace discrimination, harassment or has been demoted or fired because of the work injury.

Workers comp insurance does not cover all work injuries but provides benefits to the employee only if the work injury occurred while the employee was engaged in their “normal” job duties. Work injuries caused by drug or alcohol intoxication, while travelling to and from work or from a worker’s intentional actions to injure themselves may not be covered.

The majority of Oakland employers, under California workers compensation law, are required to provide worker’s compensation insurance for workers who suffer an injury at work or who experience an occupational disease. Common conditions which may be covered can include:

• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpel Tunnel
• Diseases caused by inhalation of chemicals or other toxins

Oakland Worker’s Compensation Benefits

Oakland workers comp insurance may provide a variety of benefits including: permanent disability payments, vocational rehabilitation benefits, death benefits for surviving dependents and medical benefits.

• Medical benefits – Oakland employees who are injured at work will receive medical coverage for the medical costs associated with their work injury. These benefits can continue indefinitely or until their medical doctor determines they are unnecessary. Expenses which are paid may include: doctor’s services, laboratory costs, prescription medications, chiropractic care and hospital stays.
• Temporary disability- Oakland workers who suffer an injury at work and are unable to work for at least 3 days may receive temporary disability payments which will include wage replacement. Worker’s compensation for lost wages will be 2/3 of the lost wage amount up to California’s worker compensation limit.
• Permanent Disability- Oakland workers who suffer an injury at work may receive permanent disability if their medical doctor determines their work injury is permanent. Workers comp insurance will determine the permanent disability payment amount by considering the age of the worker, the date of the work injury, the employee’s occupation and the employee’s remaining ability to work.
• Vocational Rehabilitation – Oakland workers who sustain an injury at work and are unable to perform their job may be eligible for vocational rehabilitation benefits which can include job training. Workers compensation law establishes a monetary limit for vocational rehabilitation.
• Death benefits – Dependents of Oakland workers who are killed from their work injury may receive workers comp death benefits. Worker compensation death benefits can include lost compensation and burial benefits.

Do I Need an Oakland Worker’s Compensation Attorney?

Many work compensation claims are resolved with very little difficulty, but others may be denied. An Oakland work injury lawyer can answer all of your questions, make sure your employer has your best interest in mind and provide you with the medical coverage and wage benefits you need to take care of yourself and your family.

If your work injury was caused by a defective third party product you may be able to receive compensation from the manufacturer of the product by filing a personal injury claim. Worker comp attorneys can also help if you have been demoted, fired, harassed or discriminated against due to your work injury.