1. Report the injury to your supervisor.
If the employee does not give notice within 14, 30 or 180 days (six months) after the injury, then the workers’ compensation may be delayed until notice is given. Failure to give notice within 180 days of an injury may be a total and complete bar to any workers’ compensation benefits.
If you have a repetitive or overuse injury, special rules apply for the time deadline to report the injury. Overuse injuries are different from “specific” injuries, like falling off a ladder, because a specific injury happens at a precise time on a specific date. The time and date of an overuse injury can be difficult to pin down. In most cases the overuse injury becomes a problem gradually, not at a specific time or on a specific date. Over time the symptoms from a repetitive or overuse injury become worse and worse. In many cases the date of repetitive or overuse injury is the date that a doctor takes the worker off work to allow time to heal and prevent further injury.
Be sure to talk with an attorney experienced in workers compensation law if you think you gave notice of the injury too late. Most workers compensation attorneys do not charge a fee for answering basic questions about workers compensation law. In fact, by law, workers compensation attorneys only get paid if they are able to recover workers compensation benefits for their injured clients. And the attorneys fees come out of the workers compensation benefits, not out of the pocket of the injured worker.
2. Explain your injury and symptoms to your doctor or chiropractor.
You should seek medical attention as soon as possible after your injury. You should return to see each of your doctors as often as necessary and should always tell them about all of your complaints. You should not minimize your ailments to your doctors, but it is also very important that you do not exaggerate your symptoms. Remember that what you tell your doctor will often show up in your medical records.
If you have a repetitive or overuse injury, be sure to tell your doctor what specific movements you do at work that aggravate your symptoms. Repetitive strain injuries, or overuse syndromes, may be caused by repetitive tasks (like typing in the case of carpal tunnel syndrome), forceful exertions, frequent bending or reaching, vibrations, or having to stay in awkward positions. The result is damage to muscles, tendons, and nerves of the neck, shoulder, forearm, elbow, hand, low back, knees and feet which can cause pain, weakness, numbness, or impairment of motor control. Common causes include pounding or hammering, sitting at a desk for hours on end, holding arms over head, truck driving, assembly-line work, word processing, use of poorly designed tools, etc.
It is critical that your doctor gives you current work restrictions (or a form that says you’re not able to do any work). The doctor can adjust the restrictions to fit the work duties that you can tolerate.
An injured worker is entitled to payment of 100% of the medical, psychological, chiropractic, and other treatment for a work-related condition. This includes payment of all prescriptions, co-pays and mileage reimbursement for driving to medical appointments. Minn. Stat. §176.135.
Be sure to talk with an attorney experienced in workers compensation law even if you think you have a repetitive or overuse injury. Most workers compensation attorneys do not charge a fee for answering basic questions about workers compensation law. In fact, by law, workers compensation attorneys only get paid if they are able to recover workers compensation benefits for their injured clients. And the attorneys fees come out of the workers compensation benefits, not out of the pocket of the injured worker.
3. Be careful in answering questions about your injury.
When you report an injury you will be asked to explain what happened a number of times. You will need to explain what happened to your supervisor, to your doctors, and possibly to the workers compensation insurance adjuster. The explanation should be the same in all cases. Changing your story or adding or leaving out facts may cause you trouble in having your injury accepted as a true workers compensation injury.
Be sure to talk with an attorney experienced in workers compensation law before you give a formal statement regarding your injury. Most workers compensation attorneys do not charge a fee for answering basic questions about workers compensation law. In fact, by law, workers compensation attorneys only get paid if they are able to recover workers compensation benefits for their injured clients. And the attorneys fees come out of the workers compensation benefits, not out of the pocket of the injured worker.
4. You are entitled to expert help in getting medical attention and getting back to work.
If your injury prevents you from returning to work at your old job, the workers compensation insurance company must hire an expert to help you get back to work. These experts are called Qualified Rehabilitation Consultants (QRC’s). A QRC cannot be an employee of the workers compensation insurance company, but many QRC’s work exclusively at the request of certain workers compensation insurance companies. Most injured workers do not know they are entitled to help from a QRC, and sometimes the workers compensation adjuster either does not inform them of this benefit, or chooses a QRC who is difficult and not helpful. The Minnesota workers compensation law allows the injured worker the right to choose their own QRC.
Be sure to talk with an attorney experienced in workers compensation law about choosing your own QRC. Most attorneys who represent injured workers know the best QRC’s to work with. Most workers compensation attorneys do not charge a fee for recommending a QRC. In fact, by law, workers compensation attorneys only get paid if they are able to recover workers compensation benefits for their injured clients. And the attorneys fees come out of the workers compensation benefits, not out of the pocket of the injured worker.
5. An injured worker may be entitled to workers compensation benefits and other money damages if a third party is involved.
Workers compensation is a “no-fault” law. In other words, it does not matter whether the injury was caused by the worker’s own carelessness or negligence. If you are injured on the job, even if it’s your own fault, you are entitled to workers compensation benefits.
Workers’ compensation benefits are the exclusive remedy an injured worker has against the employer following an on-the-job injury. If the injury is also caused by a third party, however, the injured worker may have the right to money damages from the third party in addition to workers compensation benefits. For example, if the job requires the worker to drive during work hours, and another driver causes an accident, the injured workers can get workers compensation benefits from the employer and money damages from the other driver’s insurance company.
Be sure to talk with an attorney experienced in workers compensation law about the possibility of collecting money damages against a third party. Most workers compensation attorneys do not charge a fee for answering basic questions about workers compensation law. In fact, by law, workers compensation attorneys only get paid if they are able to recover workers compensation benefits for their injured clients. And the attorney’s fees come out of the workers compensation benefits, not out of the pocket of the injured worker.
6. Be careful if the workers compensation insurance adjuster asks you to see a doctor for a second opinion.
An injured worker may be asked to attend an “Independent Medical Evaluation” (IME) by a doctor chosen by the workers compensation adjuster. Because the doctor is paid by the workers compensation adjuster, the doctor’s report may be used by the adjuster to stop paying workers compensation benefits. Many times the doctor will say the injury was temporary, or the symptoms are due to a pre-existing condition and not the work injury. Injured workers do not have to accept the conclusions of an IME doctor over their own doctor’s advise.
Be sure to talk with an attorney experienced in workers compensation law if you are asked to attend an independent medical evaluation. Such an attorney can give you some advice about what to expect during the evaluation. Most workers compensation attorneys do not charge a fee for answering basic questions about workers compensation law. In fact, by law, workers compensation attorneys only get paid if they are able to recover workers compensation benefits for their injured clients. And the attorney’s fees come out of the workers compensation benefits, not out of the pocket of the injured worker
7. Be careful if your employer wants you to return to a job you do not like.
In most cases an employer saves money by getting an injured worker back to work as soon as possible, even if the job offered is bad. However, an injured worker may lose their right to receive workers compensation benefits by refusing to accept a bad or unsuitable job.
Be sure to talk with an attorney experienced in workers compensation law about returning to work at a bad job, or a job that is against your doctor’s recommendations. Most workers compensation attorneys do not charge a fee for answering basic questions about workers compensation law. In fact, by law, workers compensation attorneys only get paid if they are able to recover workers compensation benefits for their injured clients. And the attorney’s fees come out of the workers compensation benefits, not out of the pocket of the injured worker.
8. You may have to look for work in order to receive weekly workers compensation checks.
Injured workers are entitled to workers compensation checks if their doctor says they should stay away from work altogether. However, if a doctor says an injured worker can work with certain restrictions, and the employer does not have a job the injured worker can perform because of the restrictions (like no lifting over 50 lbs.), the injured worker must look “diligently” for other work in order to receive weekly workers compensation checks.
Whether you have conducted a diligent job search will depend on how you go about looking for jobs (in person, phone, by mail, reading the want ads, etc.), how far away you have looked for jobs, and whether you have kept a written record of the places and dates you looked for work. A good QRC (see 4. above) will help you in all of these areas
Be sure to talk with an attorney experienced in workers compensation law if you are unable to return to your old job. Your workers compensation checks may stop if you move to a different town, or decide to retire, even though moving or retiring may be a good option for your situation. Most workers compensation attorneys do not charge a fee for answering basic questions about workers compensation law. In fact, by law, workers compensation attorneys only get paid if they are able to recover workers compensation benefits for their injured clients. And the attorney’s fees come out of the workers compensation benefits, not out of the pocket of the injured worker.
9. Be careful if you receive a form called “Notice of Intention to Discontinue Benefits”.
Many times the workers compensation adjuster will send you this form even though you should continue to receive weekly workers compensation checks. For example, if an IME doctor ( see 6. above) says you do not need anymore treatment and says you have reached Maximum Medical Improvement, (MMI), the workers compensation adjuster will send you a Notice of Intention to Discontinue Benefits to stop your workers compensation checks. Additionally, even though you receive a Notice of Intention to Discontinue Benefits, you may be entitled to other workers compensation benefits, including temporary partial disability weekly checks, or permanent partial disability benefits weekly checks.
Be sure to talk with an attorney experienced in workers compensation law if you receive a Notice of Intention to Discontinue Benefits. In some cases weekly workers compensation checks can be restarted by asking for a review by workers compensation judge. However, the review will be delayed if the request is made too late. Most workers compensation attorneys do not charge a fee for answering basic questions about workers compensation law. In fact, by law, workers compensation attorneys only get paid if they are able to recover workers compensation benefits for their injured clients. And the attorney’s fees come out of the workers compensation benefits, not out of the pocket of the injured worker.
10. Be careful if the workers compensation insurance adjuster refuses to pay for treatment, offers you a settlement or says they are closing your file.
If you have medical or chiropractic bills that the workers compensation adjuster refuses to pay, a workers compensation attorney may be able to get a workers compensation judge to order the adjuster to pay for the treatment. If the judge orders that payment, the judge can also order the insurance company to pay your attorney for representing you. If a workers compensation attorney agrees to help you get medical bills paid, you should not have to pay the attorney to represent you.
If a workers compensation adjuster offers you a settlement you may not understand the benefits that you are giving up for the lump sum, and you may be accepting a settlement for much less than what you deserve. Although attorneys fees will be deducted from any lump-sum settlement amount, most workers compensation attorneys can negotiate a settlement which will put more money in your pocket then what was originally offered by the workers compensation adjuster.
If the workers compensation adjuster says they are closing your file, it usually does not mean that your file is closed forever. The adjuster will have to reopen your file (even if it has been closed for years) if additional benefits are owed to you.
Be sure to talk with an attorney experienced in workers compensation law if the workers compensation insurance adjuster refuses to pay your medical bills, offers you a settlement, or says that your file is closed. Most workers compensation attorneys do not charge a fee for answering basic questions about workers compensation law. In fact, by law, workers compensation attorneys only get paid if they are able to recover workers compensation benefits for their injured clients. And the attorney’s fees come out of the workers compensation benefits, not out of the pocket of the injured worker.