Any employee who becomes injured while on duty can seek compensation. As long as the victim is not at fault, they can file for it. Workman injury compensation in Minneapolis happens often, but many don’t pursue it even though they have a right. Because there are many nuances within these laws, you may need a specialized attorney to help you.
Who Pays for the Injury?
Employers must compensate if you cannot work because of an injury you got while on duty. However, most of these funds do not come from the employer. They have coverage from an insurance company that will handle all payments. Dealing with insurance companies is common when it comes to work because of all the risks a company may have.
Worker’s compensation ensures that you have enough money to cover medical costs and help sustain your family while you are out of the job. There are four benefits you can expect to get as a part of the compensation:
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Medical payment
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Weekly compensation
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Rehabilitation support
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Permanent impairment
What you qualify for and how much you get will both depend on the extent of your injury. If you’re unable to return to work for a long period, you will get compensation. There is also compensation for partial disability. The employee can still work but at a lesser capacity as they are still recovering. You get a salary as well as additional support from the company.
After the Injury: Filing for a Workman’s Compensation Claim
There are protocols you can follow when an injury happens. You’ll have to seek out medical attention and report that an injury occurred while at work. If you cannot do this yourself, a co-worker can do this for you. You’ll have the right to verify the record of the incident as well as the injuries you got during the incident.
Reporting to your employer should happen as early as possible. They will have to file the claim with the insurance company, and the records are a requirement. If they don’t have this kind of procedure, you can send a detailed letter or email. Make sure you keep a copy for yourself as a backup.
You do not have to seek out a company doctor to get treatment. Any qualified medical professional can administer treatment, and the records will still count. In most cases, when you start reporting the injury to the employer, they will be responsible for getting a physician for you. You can still get a second or third opinion afterward.
If you find that other doctors determine more severe injuries, then workers’ compensation will factor those in. If you’ve already received a decision, you can appeal it, citing the new evidence.
Worker’s compensation claim is more about getting benefits than filing a lawsuit. The employer has no obligation to provide any benefits until the completion of the claim, which is why it’s essential to file as soon as possible.
Know Your Legal Rights
Employers must respect any workers’ compensation claim. They cannot retaliate against an employee who pursues it. The law protects you against any actions by the insurance company and your employer. Here are your rights if you experience an injury while at work:
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Right to attorney representation
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Right to file for a workers’ compensation claim at court
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Right to medical treatment
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Right to disability compensation
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Right to return to job as advised by a physician
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Right to appeal any decision made for compensation
If you feel that there has been a violation of your rights, contact a lawyer. They can help fight for your case and improve your chances of getting compensation for your injury.
Filing for Damages
If an employer fails to provide compensation, or if they violate your rights, you can pursue a case. Some employers or insurance companies don’t want to recognize the injury as something they are responsible for. They may try their best to deny your claim or make it hard for you to get the compensation you deserve.
In these cases, a lawyer will be your best option. They understand the workers’ compensation laws and will be able to negotiate on your behalf. They will fight for your rights. If there is proof of a violation of the law from your employer, you could get compensation to cover:
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All medical expenses, including medicine and treatment
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Pain and suffering
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Lost income, including potential future income
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Loss of enjoyment
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Loss of consortium
Injury from a Third Party
The injury may be due to another party’s negligence. It can happen in the following circumstances:
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Defective equipment
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Another party caused the injury (truck drivers, passersby, etc.)
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Collaborator or partner company
In these scenarios, the case may no longer be under workers’ compensation. Instead, it becomes a personal injury lawsuit. In usual workman’s compensation claims, non-economic damages like pain and suffering don’t count. When a case reaches the court, various types of damages become part of the consideration.
Most workers’ compensation law firms can also handle personal injury cases. Due to how circumstances of a work injury may change, firms like ours can deal with third parties.
What If My Company Doesn’t Have Workers’ Compensation?
There are some exceptions to workers’ compensation, like independent contractors and agricultural employees. For most industries, workers’ compensation is a requirement. If your company doesn’t have it, you can consult a lawyer. Not having it can lead to a complaint, and the state can pay for the compensation you need. You may also have a negligence case if the employer does not have the required insurance.
Seek Out a Lawyer
If some issues are keeping you from getting your compensation, seek out a lawyer. Osterbauer Law Firm specializes in handling workers’ compensation cases. If you need workman injury compensation in Minneapolis, consult us and we’ll give you options to get the money you deserve. We offer free consultation and will fight for the best possible result.
