Minneapolis Workers’ Compensation Attorneys

What to Do After a Workplace Injury

Report the injury to your employer as soon as possible and seek appropriate medical attention. Tell the medical provider how the injury occurred, describe your job duties accurately, and keep your employer informed about treatment and work restrictions.

Important steps after a work injury include:

• Give notice promptly: Under Minnesota law, notice rules distinguish among notice provided within 14 days, 15 to 30 days, 31 to 180 days, and after 180 days. The consequences can depend on when notice was given, whether the employer had actual knowledge, and whether the delay prejudiced the employer.
• Obtain medical care: Prompt treatment creates documentation of the condition, diagnosis, recommended care, and any restrictions affecting the employee’s ability to work.
• Preserve claim records: Keep medical records, bills, wage information, work restrictions, mileage records, benefit notices, correspondence, and notes from claim-related conversations.
• Follow written restrictions: Give copies of medical restrictions to the employer and insurer. Document any offered work that appears inconsistent with those restrictions.
• Review claim communications: Read notices from the insurer carefully and note any stated deadlines, accepted benefits, denied benefits, or requests for additional information.

After learning that an employee was injured and missed time from work, a Minnesota employer must complete a First Report of Injury. This report starts part of the administrative process, but it doesn’t replace the employee’s responsibility to give timely notice or maintain supporting records.

Our attorneys investigate the circumstances of workplace injuries and review documents relevant to the claim. We can also communicate with the insurer and help an injured worker respond when medical treatment, work restrictions, wage loss, or continued benefits are disputed.

Why Minnesota Workers’ Compensation Claims Are Disputed or Denied

An insurer may accept liability, deny the claim, or dispute particular benefits. A denial notice should identify the insurer’s position and reasons, but the appropriate response depends on the evidence and procedural posture of the claim.

Common sources of workers’ compensation disputes include:

• Notice and filing issues: The insurer may argue that the injury wasn’t reported or pursued within an applicable deadline.
• Work-relatedness: The insurer may question whether employment caused, aggravated, or substantially contributed to the condition.
• Pre-existing conditions: A prior diagnosis or injury may lead to disagreement about what portion of the current condition is related to work.
• Medical documentation: Missing, incomplete, or inconsistent records can create disputes about the diagnosis, treatment, restrictions, or extent of disability.
• Treatment history: Missed appointments, delayed care, or failure to follow a treatment plan may become part of the insurer’s evaluation.
• Employment classification: The parties may disagree about whether the injured person was an employee or an independent contractor.
• Workplace conduct: An insurer may investigate alleged misconduct or policy violations, although a policy violation alone doesn’t automatically resolve eligibility.
• Independent medical examination: An insurer may arrange an independent medical examination, meaning an evaluation by a physician selected for the claim. Differences between that report and the treating provider’s opinion can lead to a dispute.
• Benefit extent: The insurer may accept the injury but dispute the need for treatment, the duration of restrictions, the amount of wage loss, or whether benefits should continue.
• Accuracy concerns: Questions about inaccurate or incomplete claim information may prompt further investigation or denial.

If a claim is denied, review the insurer’s stated reasons and preserve the notice. Additional medical records, wage information, witness accounts, employment documents, or clarification from a treating provider may be relevant to a formal challenge.

Our workers’ compensation attorneys can evaluate the denial, identify the disputed issues, communicate with the insurer, and prepare the dispute for formal proceedings when necessary. Because deadlines and procedures vary according to the dispute, prompt review can help clarify the available next step.

Do I Need a Workers’ Comp Attorney?

Filing a workers’ compensation claim can involve complex procedural steps, especially when you’re recovering from a serious injury. Incomplete forms, missing medical documentation, or an unclear work history can complicate the claim.

Legal guidance may be useful when an insurer denies liability, stops wage-loss benefits, disputes medical treatment, challenges work restrictions, schedules an independent medical examination, or proposes a settlement. An attorney can also organize records, evaluate procedural deadlines, handle insurer communications, and prepare the dispute for a hearing.

Even if your claim hasn’t been denied, we encourage injured workers to reach out for a free, confidential consultation with Fay & Associates. We can review the claim, explain whether a dispute requires legal action, and discuss what representation would involve.

Minnesota Workers’ Compensation Benefits

Workers’ compensation benefits address different consequences of a job-related injury or occupational condition. Eligibility for each category depends on the medical evidence, ability to work, wage information, and other facts of the claim.

Potential benefit categories include:

• Medical benefits: Reasonable and necessary care related to the work injury.
• Wage-loss benefits: Partial income replacement when an injury prevents work or reduces earning capacity.
• Permanent impairment benefits: Compensation based on qualifying permanent functional loss.
• Vocational rehabilitation: Services that may assist an eligible employee with returning to suitable work.
• Treatment and rehabilitation expenses: Qualifying mileage or parking costs connected to covered care or rehabilitation.
• Death and dependency benefits: Benefits that may be available to qualifying dependents after a work-related death.

A worker’s immigration circumstances may also create legal questions that require individual review.

Not every injured employee qualifies for every type of benefit. We explain the terminology, review the benefits being paid or denied, and address questions involving medical treatment, wage loss, permanent impairment, and vocational rehabilitation.

Disability terms used in Minnesota claims include:

• Temporary total disability (TTD): Wage-loss benefits that may apply when an employee is temporarily unable to work because of the injury.
• Temporary partial disability (TPD): Benefits that may apply when an employee returns to work but earns less because of injury-related limitations.
• Permanent total disability (PTD): Benefits governed by specific legal and medical requirements when an employee is permanently unable to maintain qualifying employment.
• Permanent partial disability (PPD): Benefits based on a qualifying permanent loss of bodily function, generally measured through an impairment rating.

Personalized Representation Prepared for Litigation

Fay & Associates has represented injured workers since 1997. We prepare every case for litigation while remaining open to resolving disputes through negotiation when doing so serves the client’s goals.

Our representation is personalized to the facts of each claim. We communicate with clients throughout the legal process, are available for client communication 24/7, and offer support from Spanish-speaking agents. Virtual and in-person consultations are available.

We handle workers’ compensation matters on a contingency-fee basis. Clients don’t pay an attorney fee unless compensation is recovered.