Legal Representation In Minnesota And Wisconsin

Commonly Asked Workers’ Compensation Questions

Workers’ compensation can be valuable to injured workers and their families. Unfortunately, there are common misunderstandings about the process and benefits.

Bird, Stevens & Borgen, P.C., can answer any questions you have. Our experienced workers’ compensation attorneys are ready to help you. Call our Bloomington office at 952-209-9978 or our Rochester office at 507-218-2392. You may also email us for a case review.

What benefits can I collect from a workers’ compensation claim?

You may be able to receive compensation for damages such as:

  • Lost wages and disability benefits
  • Hospital and clinic visits, including surgery and other treatments
  • Physical therapy and emotional trauma therapy
  • Necessary adaptive equipment
  • Vocational retraining if you are no longer able to continue your career

The type of benefits available will depend on your specific injury and needs.

When am I eligible for workers’ compensation benefits?

Even if you work part time, there is a strong likelihood that your employer’s insurance covers you. You become eligible for benefits when you suffer a sudden accident or gradual injury due to your job. However, you must report your injury to the employer quickly after it occurs or you discover it to be eligible for compensation. You must also carefully follow the claims process to remain eligible.

What types of injuries are not covered by workers’ compensation?

Workers’ compensation generally excludes injuries that are mainly caused by factors outside of work. If you have a valid work-related injury and the insurer denied your claim, contact a skilled attorney who can advocate for you.

What role does fault play in workers’ compensation claims?

It is possible for fault to prevent you from collecting compensation – but only in certain cases. Normally, you can receive benefits if you or your co-worker made a mistake that caused the injury. However, accidents resulting from an employee’s intoxication or intentional injuries may exclude you from benefits. You do not have to prove fault, but the insurance company may attempt to deny benefits if it suspects a fraudulent claim.

Can I sue my employer after I collect workers’ compensation benefits?

Workers’ compensation insurance typically protects employers against legal liability for injuries while offering much-needed financial support to employees. However, suing your employer after receiving benefits may be possible in cases of gross negligence.

What steps do I need to take to file a workers’ compensation claim in Minnesota?

After you receive any necessary urgent medical care, the first step is to report the accident or injury to your employer or direct supervisor. Your employer will begin the claims process through their insurance for you.

At some point, you will also need to see a doctor. The insurance company may require you to choose from a list of approved physicians and specialists for a second opinion. It is advisable to work with an attorney when collecting evidence of your injuries, especially if the insurance company disputes your claim.

My workers’ compensation claim was denied, now what?

There are many reasons why an insurer could deny your claim. You can speak with a qualified attorney to learn about your options for appealing the denial.

If my spouse died in a workplace accident, am I eligible for workers’ compensation benefits?

Yes. Surviving spouses may receive compensation for funeral costs as well as other losses due to their loved one’s death. The amount may increase if you have children or dependent adults.