Workers' Compensation Attorney Answers

Workers' Compensation, Work comp, Lawyers, attorneys , Minnesota, Work Injury 
 

On this page you may discuss your Minnesota workers' compensation or work injury questions. This page is sponsored by Minnesota Workers' Compensation Attorney Thomas Atkinson. For a confidential consultation with Attorney Thomas Atkinson regarding your Workers' Compensation matter CLICK HERE.
 

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	Subject Welcome - Confidential Consultations Date Tue Mar 31 2009 23:21 Author Minnesota Lawyers
Thank you for visiting our Worker's Compnsation board. Attorney Thomas Atckinson has sponsored this page. For a confidental consultation regarding your Workers' Compensation Matter please CLICK HERE New posts will appear at the bottom of the posts.

Subject Welcome Date Wed Apr 1 2009 13:04 Author Thomas Atkinson (tom@mndisability.com)

There is a strong need in Minnesota for an attorney question and answer board for injured workers. With the much appreciated assistance from the Minnesota Lawyers web site, I look forward to answering your questions. I have nearly two decades of experience representing injured workers, employers and insurers. I have also been personally involved in a contested workers compensation dispute with a past employer. My legal practice as the owner of MN Disability and Atkinson Law Offices is now solely focused on representing the injured worker. My unique experiences should allow me assist and answer your questions. I also hope to soon blog on this site discussing various Minnesota Workers' Compensation issues. A more detailed description of my practice can be found on my web site at www.mndisability.com Please mention this site, Minnesota Lawyer, when contacting me. Thank you.

	Subject Former Work Complainants Later Laid Off Date Fri Apr 10 2009 22:00 Author Thomas Atkinson (tom@mndisability.com)
If you have a prior workers compensation claim and were given ANY permanent restrictions OR permanent disability rating (PPD)you may be eligible for workers compensation benefits including ongoing wage loss and/or retraining!!!!

Subject Work comp Question Date Thu Apr 16 2009 13:30 Author Matt

I was injured last year on a construction site when I slipped on ice. Resulting x-rays revealed a fracture of my vertabrae. I made an incident report through my supervisor and a work comp claim was made on my behalf. I recently was told I must have surgery after being sent to a specialist. Any activity, even a hard sneeze, could rejust in paralysis. Yet, work comp rejected my claim without explanation claiming that it was somehow a preexisting injury. What can I do?

Subject DON'T TAKE THEIR DENIAL SITTING DOWN!!! Date Fri Apr 17 2009 01:20 Author Thomas Atkinson (tom@mndisability.com)

Matt, the cost of a lumbar surgery is enormous and often an employer will DENY a claim if a signficant amount of time lapses between an injury and subsequent surgical recommendation. DO NOT take NO for answer. We should review your file and determine whether your claim is a "union construction dispute", whether you can obtain an opinion from your treating doctor linking the original incident to your current need for surgery and even possibly having you seen by another specialist. Whether you contact myself or another attorney, I STRONGLY urge you immediately have your file reviewed by an EXPERIENCED workers compensation, perferably one with signficiant experience in construction related injuries. Prior to limiting my practice to representing ONLY employee's, I handled hundreds of work related construction injury disputes. Construction employers are extremely aggressive in work related disputes. You can contact me through this web site or directly at tom@mndisability.com or www.mndisability.com Good luck Matt. Tom Atkinson 651-324-9514

Subject Fiance injured on the job Date Tue May 26 2009 21:11 Author Crystal (can091183@yahoo.com)

My fiance works at a company that manufactures ammunition. He was performing his usual daily work routine when a bullet exploded and puctured his chest and collapsed his lung. He was immediately rushed to the hospital where he stayed for about a month and a half or so. He's had 4 chest tubes and also surgery on his lung. We got a letter stating he has reached maximum medical improvement and was evaluated one last time to discover he has lost about 30% of his lung function. This happened June 7th, 2007. He is still employed and back to work full-time. He is still in pain but hasn't been taking anymore pain meds because they interfere with his daily routine. We were told to wait for an offer from the insurance company...how long do we wait? Can he get a settlement?

Subject Don't Rush Into Any Settlement Date Sun Jun 7 2009 09:30 Author Thomas Atkinson (tom@mndisability.com)

First and foremost do NOT settle your case before you have an attorney at some point. Whether it be me or another attorney (who specializes in Minnesota Work Comp), at least a phone call to discuss your husbands injuries and case should be undertaken. From your short description it appears that all of his medical benefits and lost time have been paid. The question that remains is what if any permanent partial disability he may be entitled to at this time. I strongly urge that you don't let an attorney settle out ALL of his future benefits as part of a claim for PPD that may be owed. A few unscrupulous attorneys often push the same and it is WRONG when your husband has an admitted work injury of such a serious nature. Those benefits are "insurance" and leverage for maintaining his job with the employer and affording some protection should he lose it in the future. Call me if you want to discuss the case in more detail. Good luck.

Subject Workman's Comp Claim Bills not Paid Date Sat Sep 5 2009 01:52 Author Eva

I fell July 6 2007 while working a summer job. I was seen by a doctor at Urgent Care, put in a sling, referred to a specialist for shoulder and knee injury and sent for physical therapy on both. No ongoing disability but the bills for the doctors, sling, and PT are yet to be paid and the insurance company keeps changing agents. I call they do not return my calls than later say they called me and I did not return their calls I have even tried talking to the superiors of these agents and that call somehow never occurred either. My medical providers have also tried with the same result. The current agent even went has far as to say it was my fault the case was still ongoing because I did not return a consent form back in August 2007. I know they got the signed form four days after I sent it and the last agent even did tell me that it was received and they were waiting for the records. I sent proof that it was sent and received by the first agent in August 2007 and included copies of the records they were seeking since I had requested copies for my own file at the same time I sent them the signed consent form. I got my copy within two weeks how did they not get their copy after two years? I even write sending everything certified return receipt and the agent only answers if I say I will go to the state Workman's Comp office. All the medical providers have threatened to send the bills to collection at some point saying I pay them and the Workman's Comp Insurance Company pays me back. I am paying on one bill to prevent it going to collection but it is a hardship since I am already on disability for a previous injury incurred before I worked at the summer job. I was cleared to work by my medical team and the previous disability had nothing to do with my fall. It's been over 2 years since the fall; shouldn't the bills be paid by now? What more can I do to get them paid?

	Subject Unpaid bills Date Thu Sep 17 2009 00:49 Author Thomas Atkinson (tom@mndisability.com)
Give me a call, I will help you get your bills paid. 651-324-9514 There is NO fee to help you as my fees will be required to be paid by the insurer. If you have any other questions feel free to visit my direct website at www.mndisability.com

Subject workmans comp death Date Thu Oct 29 2009 23:41 Author tory williams (swiftyjb@aol.com)

My sisters husbands died last year on the job, she has been recieving wormans comp but she has to split it with his ex that he had 2 children with 8 years prior to marrying my sister. Is this right? He was never married to the other woman and they never owned anything together either. Isn't workmans comp set up for the household. My sister has 2 children with him plus a mortgage and all the bills they had together in the 12 years they were together. So why should the other woman who he never married and they owned or owed nothing together on recieve any money. Isn't that why social security goes to her and the other 2 kids??? I am not sure if there have been any cases like this or if you have dealt with any im just curious what her possible outcome could be. Thank you