Employees, especially those with dangerous occupations like construction and healthcare workers, have a routine, a purpose, and a paycheck they can count on. If an accident on the job leaves one injured and unable to work, they suddenly must go through medical appointments, pain management, and financial stress instead.
In Minnesota and across the country, workers’ compensation has helped countless employees get through these difficult times. Unfortunately, work comp and denied treatment remain major hurdles, with some experiencing their benefits stopping.
What should you do if you find yourself in this situation?
An Overview of Workers’ Compensation
Minnesota law mandates that every employer provide workers’ compensation insurance for their employees. It helps cover lost wages, medical and rehabilitation expenses, and disability and death benefits if the latter sustains work-related injuries or illnesses.
Some common injuries covered under workers’ comp include the following:
- Sprains, strains, and fractures
- Repetitive motion injuries like carpal tunnel syndrome
- Back and neck injuries
- Burns or exposure to hazardous materials
- Traumatic injuries from falls or machinery accidents
When the employers’ insurance company approves the claim, injured workers receive benefit checks that help them stay financially (and emotionally) afloat while they recover.
Why Employers or Insurers Stop Wage-Loss Benefits
Even when things seem to be going well, a significant stressor for injured employees is when their wage-loss benefits suddenly stop. While a denied claim is bad enough, not receiving checks without a clear explanation can be a nightmare. Why does it happen?
Employers or their insurance carriers believe an injured worker is no longer eligible for the following reasons:
- They have received the maximum number of weeks allowed for wage-loss payments.
- They have returned to their job and are no longer losing wages.
- Ninety days have passed since they were notified they reached Maximum Medical Improvement (MMI).
- They have recovered enough to work without restrictions.
- They are capable of returning to work but are either not actively seeking employment or have refused suitable work that fits their limitations.
Many employees have gone through work comp issues and have been denied treatment. Thankfully, there is a path forward, especially when you understand your rights and the process around workers’ compensation settlements in Minneapolis and other cities in the state.
Steps To Take When You Stop Receiving Workers’ Compensation Checks
When the checks don’t arrive when they should, do not panic, but do not delay either. Here are the steps to take.
Step 1: Contact Work Injury Attorneys in Minnesota
Under Minnesota law, the insurance company must send a Notice of Intention to Discontinue Workers’ Compensation Benefits (NOID) if it plans to stop your wage-loss payments. Whether or not you have received a formal notice, seeking legal guidance right away is vital.
Look for experienced work injury attorneys in Minnesota who can evaluate your case, communicate with the insurance company on your behalf, and help you fight to get your benefits reinstated. Lawyers will also help you understand the settlement options if you are approaching the MMI. Many firms offer free consultations, so there is no risk in reaching out.
Step 2: Call the Insurance Company
Once you have a lawyer, your next step is to contact your employer’s insurance company and ask them directly about the checks. Sometimes, it is a simple clerical or paperwork issue. In other cases, there may be disputes.
The insurer should be able to explain why and when the benefits will stop. Take note of all the information and keep this documentation for your records. Be firm but polite and trust your legal counsel’s advice.
Step 3: Request a Conference with the Office of Administrative Hearings (OAH)
If you disagree with the decision, you may request a conference with a workers’ compensation judge through the Office of Administrative Hearings (OAH). They will review your case and determine if the insurer had the right to stop your payments.
Request a conference within 12 days of receiving the NOID form. If you miss this deadline, you will have to go through a longer and more formal objection process.
Osterbauer Law Firm for Workers’ Compensation Settlements in Minneapolis
Workers’ compensation exists to support injured workers, not leave them stranded. The process can end up being more frustrating than helpful, with payments not coming in, treatment getting delayed, and the uncertainty adding stress to an already difficult situation. As such, work injury attorneys in Minnesota are a crucial resource.
At Osterbauer Law Firm, we protect workers injured on the job and help them secure what their employers and insurance companies owe them. We serve throughout the Twin Cities Metro and Greater Minnesota, offering compassionate and aggressive legal representation. Our team knows how important those benefit checks are, so count on us to ensure they keep coming, or get them restarted if they have unfairly stopped.
Don’t wait until the bills pile up. Contact Osterbauer Law Firm today to learn more about your rights and options regarding workers’ compensation settlements in Minneapolis and other cities. Your recovery and livelihood deserve to be protected.