Article provided by Attorney Dean Margolis. To contact Dean Margolis about your work comp case CLICK HERE

Where previous medical treatment has been subsequently denied, or where prescribed medical treatment will not be pre-authorized, the solution is a simple one. A “Medical Request” or an “Employee’s Claim Petition” can be filed with the Workers’ Compensation Courts to get previously received medical paid for, or to get prescribed treatment for the future pre-authorized. Simply because the work comp insurance company says that they will not pay for these services does mean that you have to accept that. You have the right to put request before a Judge. If the Judge approves, the work comp insurance company is ordered to pay for the past, present or future medical treatment that your Doctor has prescribed. Court dates can be obtained concerning denied treatment in some circumstances in as little as thirty to forty days.

My job says that they cannot take me back with my work restrictions from my Doctor, what do I do?

If your employer cannot modify your old job to take you back to work, or if they cannot accommodate you elsewhere within their facility, you are likely entitled to wage loss benefits. These wage loss benefits would continue until they can return you back to work.

My employer has fired me, saying that they do not have any work within my restrictions. What do I do?

The first thing to do would be to get a QRC (Qualified Rehabilitation Consultant) appointed to you who can help you put together a resume. The QRC will provide you with job leads to get you back to work as soon as possible within your work restrictions. The cost of the QRC is paid for by the insurance company. While you are job searching, you are likely entitled to work comp wage loss benefits while you look for work.

My new job pays me less than my old job. Do I lose the difference?

The answer is no. Assuming that we can show that the wage loss is a result of your workers’ compensation injury, the insurance company is required to pay 2/3 of the difference between your old wage and your new wage. For example, if your gross wage was $400.00 per week at the time of the injury, and your new job pays $300.00 per week gross, you have a $100.00 loss. The work comp insurance company is required to pay 2/3 of the loss, or $66.66, in a separate additional check to you above and beyond the $300.00 check you get from your new employer.

I am still working at my old job, but because of my job restrictions I am working “light duty” which pays less. Do I lose the difference?

The answer is no. You are still entitled to 2/3 of the difference between your old wage rate when you got injured, and your new wage rate in your current light duty position.

How much compensation do I get for my knee surgery, injured low back, dislocated shoulder, etc.?

From your nose to your toes, the Minnesota legislature has rated your body with separate and distinct percentages. Each percentage point varies, but on average is worth between $750.00 – $900.00 per percentage point. For example, a 5% permanent partial disability rating (ppd) equals $3,750.00. A 10% rating equals $8,000.00. A 15% rating equals $12,750.00. Importantly, while some injuries have specific ratings, other injuries can have numerous ratings that apply that can range from 5% - 15% in difference.

I lost my job, and my new job pays a lot less. Am I stuck in it?

If you have a new job that seems to be a “dead end” job, that does not have much opportunity for advancement or pay, you may be eligible for a benefit known as “retraining.” In retraining, you would be eligible to go to vo-tech, college, trade school, etc. to learn a new trade. While you are in school, the insurance company would be obligated to pay you wage loss checks weekly, child care costs while you are in school, and mileage, books and tuition at the rate of 100% reimbursement.

Me and my Doctor just do not seem to get along, am I stuck with him/her?

Not necessarily. For example, we have won changes of Doctor for the following reasons: (1) because you moved to a new town; (2) your Doctor has nothing further to offer you; (3) you want to change specialties (neurologist to a chiropractor, chiropractor to surgeon, etc.)

I cannot afford a work comp attorney, how can I possibly get one?

We are paid on a contingency fee basis only. This means a percentage only if we win. If we lose, you owe no fees.

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• Outstanding Medical Bills

• Unpaid Wage Loss

• Changing Doctors

• Loss of Job

• Keeping Your Job

• Can't Do Your Job

• If Employer Goes Bankrupt

• Unpaid Gas Mileage

• Unpaid Prescription Costs

• Underpaid Injury Percentage

• Denied Claims

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Summaries of the Workers' Compensation Court of Appeals and the Minnesota Supreme Court and Court of Appeals can be found in the department's quarterly publication Compact.