1. Report the accident
2. Hire a lawyer
3. Follow up
4. Settle your claim

When injured on the job, you deserve to receive compensation for your injuries, lost wages, and medical expenses. Keep reading to learn about all the necessary steps to follow if you sustain a head injury at work. 

What Are the Results of a Head Injury?

There are many different types of head injuries that range in severity, and a traumatic brain injury is not to be trifled with. A severe work-related head injury can be costly to your health and your financial well-being. Headaches, dizziness, and numbness can affect your performance in an outdoor or physical job and make it hazardous to drive. Office workers can suffer a loss of memory and the inability to concentrate. Pain, bruising, and swelling can linger. You may also have to deal with psychological injuries: depression, anxiety, or post-traumatic stress disorder. 

A long-lasting injury with an uncertain timeline for healing can force you out of a job and make it difficult to land a new one. Returning to the workforce could mean a loss of income, which can also affect the well-being of your spouse and family.

Common Head Injury Symptoms 

If you suspect you’ve experienced a traumatic brain injury, the symptoms might not occur right away. Without treatment, the underlying conditions can grow worse. Even after a minor blow to the head, you may suffer from:

• Dizziness
• Headaches
• Nausea
• Short-term blackouts

A concussion results when a violent motion or heavy blow damages the brain. Serious head injuries can put you into a coma or result in death. Long-term effects from a head injury can include memory loss, sleeplessness, and a variety of physical symptoms such as tingling, numbness, and paralysis. 

If you have suffered from a head injury, you might be battling permanent disability, loss of employment, and diminished income. Since your livelihood could be at risk, these scenarios are best handled with the help of an experienced injury lawyer. 

1. Report the Accident

Regardless of how minor your head injury may seem, it’s crucial that you report any work-related injuries to your employer as soon as possible. Any accidents and medical treatment must be documented and on record.

For the first report, you must disclose all necessary details, provide an accurate time and location, and list any witnesses. Most employers have reporting instructions that must be followed exactly. Should you skip reporting an on-the-job injury, your employer, recovery, and finances can suffer.

Workers’ compensation insurance pays for medical treatment for on-the-job injuries as it protects employers from legal liability for accidents while requiring them to ensure workers for their injuries. When the ER or treating doctor asks for the primary payer’s information, give the name of your employer’s workers’ comp carrier.

Employers have been known to minimize or deny accidents altogether. They may also force injured employees back to work too soon or retaliate against the employee in other ways for filing a workers’ comp claim. The employer’s carrier may defend the claim and try to minimize payments for:

• Treatment
• Rehab
• Retraining
• Medications
• Lost wages

2. Hire a Trusted Lawyer

If there’s any difficulty with your treatment or getting approval from your employer and their carrier for a claim payment, hiring a workers’ compensation attorney is the next step. While the expenses for a workers’ compensation attorney may seem expensive, it’s important to remember that the carrier pays the lawyers if they have to litigate your claim. A predetermined percentage set by state law will be charged for any settlement you’re awarded by the courts or offered by the carrier. Since there is no out-of-pocket cost, you will be able to solely focus on your recovery and future health.

Workers’ compensation lawyers relieve you of the frustrating and endless hassle of handling an insurance claim while it’s in progress. By working with an experienced attorney, you won’t have to worry about:

• Filling out paperwork
• Filing documents with the state
• Gathering medical records
• Maintaining contact with your employer’s carrier
• Disability benefits eligibility and payment
• Claim timelines and due dates

3. Follow Up With Your Doctor and Lawyer

Depending on the severity of your injuries, you may work with a doctor appointed by your employer’s carrier. This medical professional’s job is to evaluate both your medical condition and your ability to work. After an opinion is reached, your employer’s carrier may claim you can return to work regardless of whether you are suffering from symptoms. Your employer can use this as leverage to get you back to work sooner or on a full-time schedule.

If you don’t feel the doctor has your best interests in mind or you’re unsatisfied with treatment, you have the right to request a change of care. Bringing this to your lawyer’s attention will not jeopardize your claim. Workers’ compensation attorneys handle disputes and complaints of injured workers more often than many think.

At times, your head injury may keep you off the job for extended periods, which can result in termination. You may be eligible for a wrongful termination claim, and your lawyer will know how to mitigate and guide you through the process.

4. Settle Your Claim

Sooner or later, your workers’ compensation claim will close. Your claim can close for a variety of reasons, such as your injuries have healed, you’re returning to work, or you have reached a settlement. Should your claim be settled, you will receive a lump-sum payment in exchange for releasing the carrier’s responsibility for your treatment.

Unfortunately, it’s not uncommon for work-related head injuries to result in long-term effects and short-term or permanent disability. Long-term symptoms of a head injury can include diminished cognitive abilities, which can impact job performance and monthly income.

It is your attorney’s primary objective to get you the compensation you deserve for your injuries. Workers’ compensation lawyers are motivated to get the highest possible settlement and know how to navigate the court to reach a decision in your favor.

Act Fast With Work-Related Head Injuries

Head injuries are a serious matter for anyone. If you sustain a head injury on the job, you have rights as a worker to receive compensation for lost wages, medical bills, and mental distress. The most crucial action you can take after sustaining a work-related head injury is to contact a trusted workers’ compensation attorney as soon as possible.

The knowledgeable lawyers at Mottaz & Sisk Injury Law have decades of experience helping injured workers win the compensation they deserve. If you’ve been injured on the job, contact Mottaz & Sisk today to set up a free, no-obligation consultation. 

The post What to Do If You’ve Suffered a Work-Related Head Injury appeared first on Mottaz & Sisk Injury Law.

If you’re unsure where to begin, the team at Mottaz & Sisk is here to help. Our compassionate and skilled workers’ compensation attorneys can help you understand the complexities of attaining dependency death benefits to ensure you are financially covered for your unfortunate loss.

What Are Work-Related Deaths?

From fatal occupational diseases to shocking work accidents, many different situations can lead to death in the workplace. Some examples of common work-related injuries include:

• Machinery mishaps
• Electrocution
• Chemical exposures
• Truck and auto accidents
• Slips, trips, and falls
• Construction incidents

Unfortunately, work accidents occur every day, yet that doesn’t lessen the pain and financial burden of losing a family member to a workplace accident or long-term occupational disease. Click here to learn more about essential steps to take immediately following a loved one’s passing so that you don’t experience further loss at the hand of your deceased family member’s employer.

Qualifications for Receiving Death Benefits

The deceased individual’s death must be work-related or the result of an occupational disease to receive dependent death benefits under workers’ compensation. This also includes jobs performed outside of the workplace but while performing job-related duties. 

Although a fatal incident happened on the job, it may not necessarily result in death benefits. Every state has different definitions of what qualifies as a work-related injury. However, the consensus is that the incident must have occurred in the course or within the scope of employment. 

For example, suppose your loved one died from a work-related injury that worsened a pre-existing health condition previously unrelated to their job. You may still qualify for death benefits in that case. Even in high-risk jobs like construction, many accidents are preventable with safety measures in place. If you’re concerned your loved one’s former employer may disregard their death due to the “nature of the job,” it’s crucial to seek out help from a workers’ compensation attorney.

Who Is Considered a Dependent?

Dependents are individuals related to the deceased through marriage, blood, or were financially reliant on their employment. In most states, children under the age of 18 are viewed as dependents. This varies with student enrollment and disability status. The deceased’s spouse and children may need to prove they were dependent on the deceased worker to receive essential benefits or if they even qualify based on current household earnings. 
Nevertheless, there are essential wrongful death benefits that the employer must provide for all work-related deaths. Since it can be somewhat confusing to discern whether or not you are eligible for death benefits, it’s best to consult with an experienced work injury attorney.

Dependents’ Death Benefits

The State of Minnesota takes work-related deaths very seriously and strives to provide protections for surviving family members through employer owed death benefits. Look at some of the ways you may receive compensation following your loved one’s untimely demise below:

Burial Fee 

Funeral costs can add up quickly, especially for the unprepared. While the maximum amount awarded to surviving members to cover these expenses varies from state to state, Minnesotans can usually request up to $15,000. Make sure to double-check with your attorney to verify.

The employer’s insurance should pay this fee to the surviving spouse and other dependents. If there aren’t eligible candidates, the burial fee will be paid to the individual responsible for funeral costs. 

Medical Coverage

If your loved one sought medical treatment for either a fatal work incident or occupational disease prior to their death, you could request that these bills be covered by their former employer. Workers’ compensation should cover these medical expenses.

Lost Wages

Cash payments of up to 60 percent of the deceased workers’ average daily wage are also available to surviving family members who fit specific criteria. These protections are set to ensure that surviving family members can meet all financial obligations despite the loss of income. If there are no surviving dependents, then the deceased’s estate will be paid $60,000.

The employer is liable for weekly cash payments set forth by the State Average Weekly Wage (SAWW) only if there is a surviving spouse or dependents who meet the following criteria:

• Dependents only receive cash benefits until they are 18 or 25 and enrolled full-time as a student. Benefits will also continue if a child is disabled.
• Spouses can continue to collect weekly payments until they die.
• Financially-dependent parents may acquire benefits for up to 10 years.

Learn more about qualifying dependent factors here.

Filing for a Death Benefits Claim

Every state has different statutes of limitations that limit how long dependents have to file a workers’ compensation claim following a work-related death of their loved one. In Minnesota, you have up to six years from when you first became aware of the employment-related injury to file a death claim.

Under Minnesota law, dependents may be entitled to workers’ compensation benefits, unpaid permanent partial disability (PPD), and other dependency benefits. 

Losing a loved one leaves lingering emotional and psychological damage following their tragic and untimely death. You deserve to seek compensation for your pain and suffering, and it’s best to work with a knowledgeable wrongful death attorney to discuss your rights.

Don’t Despair: Get Dependency Benefits Following a Loved One’s Workplace Death

During this already stressful and emotionally charged time, the last thing you want to worry about is whether or not you’ll be financially stable. While we understand how confusing this process may be, we are here to help examine your case to determine if you’re eligible to sue for dependency benefits following a workplace death of a loved one. 

At Mottaz & Sisk, our hard-working wrongful death and workers’ compensation attorneys have a wealth of experience fighting for just compensation in dependency benefit cases. If your family is stricken with grief following the tragic work-related death of your loved one, our team will fight to ensure you don’t need to also bear the financial impact of their loss during this trying time. We know that every wrongful death case is unique, which is why we assist our clients every step of the way, ensuring you have a strong advocate for your family without the added stress.

Contact our team today to start the fight for extensive dependency benefits following a workplace death of a loved one.

The post How Are Dependency Benefits Handled Following a Workplace Death appeared first on Mottaz & Sisk Injury Law.

When you’ve been injured in a car wreck, it’s essential to contact a car accident attorney to help navigate the legal implications, since even minor crashes can pose long-term complications and hefty hospital bills. Read on to learn what to do following your car accident.

Steps to Take After Being Injured in a Car Wreck

Immediately following the crash, there are crucial steps to take to minimize financial and legal complications:

1. Call 911 immediately after a crash, especially if there appear to be injuries. The police will document the scene, gather witness reports, alert additional emergency services, and file a report that you can later use for your claim.
2. Gather information including everyone’s names, insurance information, witnesses’ contact details, license plates, photos of the damage, and traffic patterns. These factors will be crucial to help establish fault.
3. Seek medical attention even if you don’t see any immediate injuries. Whiplash can take days to weeks to form and can have lasting effects. Plus, your medical and police report will play a pivotal role in distinguishing fault and cover any necessary treatments.
4. Contact a lawyer as soon as possible, especially before recording a statement for an insurance agent. Attorneys are excellent resources who understand the ins and outs of accident lawsuits. 

Insurance companies may pressure you into lower settlements since they don’t have your best interest in mind. This can quickly become a financial burden, from missed work payments to medical bills and car repairs, especially when multiple parties or pedestrians are involved. The sooner you can get a legal team to aid you in this process, the better chance you’ll have of building a strong case.

Don’t Make These Mistakes 

While you should follow the steps above following your accident, it’s just as important to understand what not to do following your crash. Take a look at actions to avoid following the incident:

• Not reporting your accident and obtaining a police report
• Accepting responsibility for the accident
• Not seeking medical attention right away to document possible injuries
• Agreeing to an insurance settlement, especially if the number doesn’t cover expenses

Lasting Effects of Car Injuries

Car accidents can yield serious body and head injuries that often carry lasting devastating effects. For this reason, it’s vital to seek medical attention to get a full assessment and medical report. Some examples of common car accident injuries include:

• Traumatic brain injury
• Internal bleeding
• Soft tissue injury
• Head injury
• Bruising
• Concussion
• Back pain
• Whiplash
• Bone fractures
• Death

Understanding Minnesota’s No-Fault Law

Every state has different laws regarding car accidents. Minnesota is considered a “no-fault” state which means that each driver takes partial responsibility to cover expenses and hopefully avoid the need for a lawsuit. Now, there are specific stipulations associated with their law that drivers need to be aware of, including:

• No-fault coverage states that each person injured in an accident is covered for $20,000 in medical and $20,000 in non-medical expenses.
• It applies to car and truck accidents and some motorcycle or pedestrian cases.
• Your insurance will cover damages.
• If the other driver admits blame, then their insurance will only cover medical expenses.

Working with a knowledgeable car accident attorney can help you fight for your full insurance coverage. Your attorney can also be an advocate if you wish to file a lawsuit against another party.

Injuries On-the-Clock

While car accidents can be stressful enough, they may have additional challenges when an employee is involved. Workers’ compensation laws should cover your injuries and expenses if you were injured in a car crash while working. Delivery and truck drivers are perfect examples of employees who regularly travel and have a higher likelihood of experiencing a car accident while on the job.

If your employer is denying or trying to limit medical coverage through workers’ compensation, seeking a supportive workers’ compensation team is vital to help navigate Minnesota’s workers’ compensation laws.

When to Contact an Attorney

It’s never too early to contact an attorney following a car accident. They can help gather witness statements, evidence and be an advocate for you. Certain situations require more urgency in contacting an attorney. See some examples below:

• The crash included cyclists, pedestrians, or other motorists.
• It’s not clear who was at fault.
• Significant injuries or death occurred from the accident.
• This incident happened in a school zone, construction zone, or other protected areas.
• Your insurance company sends mixed messages.
• There are issues with your insurance or lack thereof.
• You disagree with the police report.

Benefits of Hiring an Attorney

When you’re injured in an accident, the last thing you want to worry about is dealing with insurance agents, filing essential paperwork on time, and fighting to ensure you get full coverage of all your expenses. Hiring an attorney can help ease this process in several ways, such as:

• Filing vital paperwork on time
• Working with insurance companies
• Coaching you on best practices following your incident
• Being an advocate during this difficult time
• Ensuring that you don’t miss crucial deadlines or statutes of limitations
• Helping you receive an increased compensation package
• Investigating the accident to uncover all liable parties

Seek Out the Skilled Lawyers at Mottaz & Sisk

Accidents can be an overwhelming and traumatic experience that often leads to hefty medical expenses. The last thing you are thinking about is when to contact an attorney. However, even the most minor accidents can have lasting effects, so it’s crucial to seek out help as soon as possible. 

Serious injuries can lead to permanent and lifelong disabilities, which is why it’s essential to avoid settling or accepting fault without consulting a legal professional. When you’ve been injured in a car wreck, contact the knowledgeable and caring attorneys from Mottaz & Sisk. Our team understands how tedious and time-consuming this process can be, so we will work tirelessly to fight for your best interests. 

Whether you want assistance with workers’ compensation claims or need a legal advocate to aid in car accident claims, we are here to help. Contact our team today to schedule your free case evaluation.

The post Injured in a Car Wreck? Here’s When to Contact an Attorney appeared first on Mottaz & Sisk Injury Law.

Even though many manufacturers knew about the hazardous effects of using asbestos-containing materials, they prioritized profits over people, leading to millions of Americans suffering from the consequences. If you’re unsure about what to do when exposed to asbestos, especially within the workplace, it’s vital to seek help right away. Read on to learn more about asbestos exposure and how to take action for financial compensation. 

Understanding Asbestos Exposure

Although asbestos has a notoriously deadly reputation, many people only have a vague understanding of why it’s so hazardous. While some may believe you can be exposed by eating certain foods or through skin absorption, this is simply not true. Instead, asbestos exposure occurs when someone inhales or swallows asbestos dust.

Asbestos-related diseases develop due to millions of microscopic mineral fibers accumulating in the body’s lung tissue or membrane lining. While a one-time exposure event may not be a serious risk, it’s essential to avoid further exposure in the future. For example, if you inhaled a substantial amount of asbestos during a home renovation, there isn’t a need to panic. Make sure your doctors are aware of the experience and practice caution for asbestos exposure.

Asbestos Exposure Fast Facts

• Short term exposure rarely leads to disease
• Disasters can cause extreme exposure
• One-time exposure is not a major risk
• Multiple temporary experiences can add up
• It takes at least 20 years to develop related diseases
• Symptoms appear similar to the common cold

High-Risk Industries

Certain industries and job positions have a greater risk for developing mesothelioma due to continuous exposure. U.S veterans have one of the highest risk factors since every branch of the military uses asbestos in insulation, housing, automobiles, and throughout bases. They certainly aren’t alone, considering many other positions ranging from maintenance to construction often pose dangerous asbestos exposure threats. Additional high-risk industries include:

• Construction 
• Firefighting
• Factories
• Mining
• Shipping
• Manufacturing
• Home remodeling
• Demolition 
• Maintenance

Employees in these industries usually work with raw or older materials that carry the risk for continuous asbestos exposure. Sadly, the risk for second-hand exposure is also high due to family members washing clothes with asbestos fibers.

Risk Factors for Asbestos-Related Diseases

Mesothelioma is the most common health problem associated with asbestos exposure, but other cancers and noncancerous conditions can arise, including:

• Lung Cancer
• Laryngeal Cancer
• Ovarian Cancer
• Pleurisy: Severe inflammation within the pleural lining of the lungs.
• Pleural Effusion: Increased difficulty breathing due to fluid buildup around the lungs.
• Pleural Plaques: Fibrous thickening of the lung lining occurs.
• Diffuse Pleural Thickening: Difficulty breathing and chest pain caused by extensive scarring of the lung’s lining.
• Atelectasis: Lungs underinflate due to the pleural lining folding in on itself.
• Asbestosis: Scarring and inflammation of the lung tissue, which inhibits the normal expansion of the lungs.

Working in a contaminated environment or in a visibly cloudy space for years increases the risk of disease due to the sheer amount of asbestos intake. 

Does Every Asbestos Exposure Lead to Mesothelioma?

Even though asbestos exposure is the cause of mesothelioma, it doesn’t mean that everyone who is exposed will develop it. This disease is quite rare, but certain risk factors make some people more susceptible to developing this cancer, including:

• Genetics
• Age
• Smoking habits
• Type of asbestos
• Duration of exposure
• Amount of asbestos

Knowing that it takes a minimum of twenty years for symptoms to develop, it may be difficult to identify signs of mesothelioma or other correlated diseases right away. While some forms of mesothelioma are unclear, common warning signs include:

• Chest pain
• Painful coughing
• Abdominal swelling
• Unusual lumps under the skin on the chest
• Shortness of breath
• Nausea
• Abdominal pain
• Unexplained weight loss

Although it’s understandable to be concerned about potential exposure itself, it’s also important to discern the different degrees of asbestos exposure to determine underlying risk factors. While no amount of asbestos exposure is safe, the chance of developing asbestos-related diseases is thankfully slim since it usually requires many years of regular exposure. Then again, if you believe you have been exposed to asbestos, especially at work, it’s best to seek professional help as soon as possible to see what options you have.

What to Do When Exposed to Asbestos at Work

An asbestos-related diagnosis is devastating, and sadly, medical treatment can be quite expensive. If you have been exposed to asbestos at work, you deserve to be fully compensated for the financial, physical, mental, and emotional suffering that workplace asbestos exposure causes.

While you should notify your employer right away, it is also helpful to seek support from a workers’ compensation law firm to understand what benefits you are entitled to. Employers sadly don’t always have your best interest at heart, which is why it’s imperative to work with a legal advocate who can help you navigate this stressful situation.

Contact Mottaz & Sisk for Work-Related Asbestos Exposure

If you’re unsure what to do when exposed to asbestos at work, you’ve come to the right place. At Mottaz & Sisk, our empathetic attorneys know how challenging this diagnosis can be. Our team has years of experience settling asbestos exposure cases through workers’ compensation laws. 

During this traumatic time, the last thing you want to worry about is whether or not you can navigate a lawsuit. The skilled professionals at Mottaz & Sisk will work to gather all necessary information to ensure you get just compensation for your pain and suffering. Rest assured that you are in great hands with our team.

Remember, you don’t have to go through this experience alone. Contact Mottaz & Sisk today to schedule your free consultation.

The post What to Do When Exposed to Asbestos appeared first on Mottaz & Sisk Injury Law.

In the event that the death was preventable, it’s even more heartbreaking. If your loved one died while on the job, you may be eligible for a wrongful death suit. Use this as a guide to decide the next steps following your loved one’s workplace accident.

Navigating Wrongful Death Suits in Minnesota

Minnesota law classifies wrongful death as either an intentional or negligent death from a person or corporation. It can even include the failure to act by another. A clear example of this is when a patient is misdiagnosed and dies. While the physician may not have  intentionally misdiagnosed them, his choice had severe consequences. 

Now, suppose a worker was killed due to a negligent employer’s lack of precautions. The surviving family members can then sue the employer. Since the deceased person is not able to seek these damages, their surviving family members can do so, including:

• Parents 
• Children 
• Surviving spouse
• Grandparents

Common Causes of Wrongful Death: 

Electric Shock

From faulty wiring to lack of safety protections, these issues can lead to electrical shock injuries that range from burns to death. Since it’s an employer’s responsibility to ensure proper equipment and machinery, they are responsible for any and all electrical shock injuries.

Truck and Auto Accidents

There is always a risk when out on the road for truck drivers, employees driving deliveries, and many more professionals that drive for a living or commute to an office. Inclement weather and other drivers are severe threats to an individual’s safety, and sometimes even the best driver gets into an accident. Regardless of whether an employee works on-premises or is clocked-in and on the road, they are still eligible for coverage. 

Severe Head Trauma

Icy walkways, tripping hazards, and even low-lit stairwells are potential danger zones. These areas can lead to severe head, neck, or spinal trauma, which may be hard to detect. Unmonitored concussions can result in aneurysms, strokes, and death.

Poisoning

Hazardous chemicals are in every business and range from cleaners to more toxic counterparts. If any of them are incorrectly labeled, sealed, or stored, they could pose serious health risks to both employees and customers. While most poisoning cases aren’t fatal, scenarios can take a turn when least expected.

Damages Awarded for Wrongful Death in Minnesota 

More than likely, when a loved one experiences a wrongful death at work due to another’s negligence or wrongdoing, you are able to file a wrongful death lawsuit. Even if the former employer tries to lay blame on the deceased, that doesn’t necessarily mean you cannot bring about litigation. Regardless of how the wrongful death occurred, you and your loved ones are still entitled to certain protections under Minnesota laws.

Any eligible surviving relative can sue for compensation to alleviate some of the following burdens:

• Funeral costs 
• Loss of wages and benefits 
• Medical bills
• Burial expenses 
• Mental anguish 
• Companionship loss

An employer may try to persuade surviving family members not to seek damages. Should this unethical practice occur, it’s vital to seek out a trusted wrongful death attorney. 

Steps to Take Following a Loved One’s Wrongful Death in the Workplace

Even though it’s an overwhelming time for you and your family, it’s essential to understand what next steps you should take to pursue compensation and process your loss. You have a right to seek legal action on behalf of your deceased loved one. Discover the necessary qualifications, time limits, and deadlines for a wrongful death suit. 

1. Seek Out an Experienced Wrongful Death Attorney

We understand how emotionally charged this time is for you as a surviving family member. While no one can bring back your deceased family member, our team will fight for your loved ones’ just settlement.

We highly encourage you to contact a wrongful death lawyer as soon as possible to begin a case investigation.

2. Report the Injury to the Employer

It’s essential to report the injury to the employer right away. Make sure that they fill out an “Injury in the Workplace” form documenting what happened in as many details as you can as possible. Ask to get a copy before you leave to ensure you have it for your case. 

This step is a legal requirement, so employers may not dismiss it for any reason.

3. Gather Information

Our experienced and knowledgeable attorneys can help guide you through this complex process. If you’re unsure of where to begin, we are here to help you gather all vital records, such as:

• Medical bills
• Insurance policy information
• Medical records
• Employment benefits

In addition to the essential documents above, make sure to notify your lawyer about whether or not your loved one was receiving social security benefits before their death. A portion of this financial support may carry over to all dependents under 18. Clarify with your lawyers to determine your eligibility for these benefits.

By gathering these essential items, your attorney can then begin building a strong, comprehensive case.

4. File Your Claim

Many states have time restrictions for filing a suit, and most courts are unwilling to make exceptions. The statute of limitations for filing a wrongful death claim is three years in Minnesota. Courts are usually very strict in abiding by this time limit, which is why there is a sense of urgency in starting this process. 

If the last thing you want to worry about at this time is filing charges, you can also petition the court to enlist a designated trustee of your choice. Your trustee can navigate this process and let you have time to grieve and handle other details.

Work With the Compassionate Team at Mottaz & Sisk

Losing a loved one is never easy, but it can be especially painful if their death was due to another’s negligence in the workplace. While it may be difficult to think about taking legal action at this time, it’s essential to consider your next steps. By taking the initiative to work with the skilled wrongful death attorneys at Mottaz & Sisk, you can seek the just compensation and understanding you deserve.

Our lawyers will help you gather key documentation, provide legal advice, and act as your family’s advocate. We strive to bring compassion and understanding to every case while fighting on your behalf in court. Contact the wrongful death attorneys at Mottaz & Sisk today to schedule your consultation if you’re ready to get started.

The post What to Do Following a Family Member’s Passing From a Workplace Accident appeared first on Mottaz & Sisk Injury Law.

What Is a Personal Injury Case?

A personal injury lawsuit is a legal dispute that is pursued when someone is harmed in an accident where another person might be legally responsible. 

Damages from a personal injury can go beyond mental, physical, and emotional turmoil. Think about how much time and energy you spent healing; time off from work can lead to lost wages as well. 

All of these contributing factors can add to your pain and suffering, which is why it’s natural to seek compensation for the following in your personal injury case:

• Any property damages
• Lost wages
• Travel expenses for appointments
• Future pain or disability
• Loss of income
• Medical expenses

If you’re unsure of what to do or what you may be entitled to, it’s vital to work with our skilled personal injury attorneys. We’ll tirelessly work to help you get justice for even the most complex cases.

Types of Personal Injury Lawsuits

Sadly, accidents occur every day, and they can come with severe consequences. From hospital bills to hefty property repairs, insurance will only cover so much which is why it’s essential to understand the broad range of situations that a personal injury case covers. 

The examples below explain several circumstances where you might be able to seek a personal injury claim. However, just because you don’t see your unique situation doesn’t mean you can’t seek out assistance from the lawyers at Mottaz & Sisk.

Slips, Trips, and Falls

Did you know that every private residence and commercial property is responsible for keeping people safe while they are there? But, unfortunately, even with the safest precautions, incidents like slips, trips, and falls still occur. 

If they happen due to the property owner’s negligence, then that owner’s insurance is responsible for any injuries, medical bills, and treatment associated with the accident. Now, when injuries occur while at work, you may be eligible for workers’ compensation.

Premise Liability

While businesses and homeowners are responsible for slips and falls, they are also responsible for other safety concerns on their property. Examples of premise liability include:

• Low lighting
• Falling debris
• Faulty fire alarms
• Broken smoke or carbon monoxide detectors
• Blocked fire exits
• Dangerous working conditions
• Unsafe stairwells

If you or a loved one experienced an injury on site due to a property owner’s negligence for safety and maintenance, you might be eligible for compensation.

Animal Attacks

Even the most well-behaved pet is still an animal at the end of the day. As such, there are moments when an animal will lash out and bite without any warning or provocation. 

These moments can especially be jarring because the consequences could be severe. People attacked by animals experience physical pain as well as psychological trauma. This is why it’s so important to train your animals, know their triggers, and alert all individuals of their behavior. Even still, incidents may occur.

In these moments, pet owners are responsible for their animal’s behavior. This includes medical bills, emotional suffering, and any other expenses.

Ineffective Product Liability

Sadly, poorly designed and defective products injure thousands every year. So, whether you sustain a burn or serious electrical shock injury from a defective item, let the personal injury attorneys from Mottaz & Sisk guide you through the process. 

We can help you discern who is liable and how to obtain compensation. Types of product liability cases include, but are not limited to:

• No warning labels
• Defective parts
• Insufficient product testing
• Problems with manufacturing design

Medical Malpractice

Healthcare professionals spend years training in their relevant fields, but mistakes can still be made. Since they are usually treating serious issues, the consequences for their mistakes can be even more severe. 

Medical malpractice can result from these situations and lead to prolonged suffering and unnecessary medical expenses. Therefore, you deserve just compensation if you or a loved one has suffered because of medical malpractice. 

See some common examples of medical malpractice below:

• Neglect
• Misdiagnosis
• Wrong treatment
• Post-surgical infections
• Incorrect prescription medication
• Inadequate training, staffing, or supervision
• Post-surgical remaining items

Wrongful Death

Losing a loved one in any capacity is always painful and emotionally charged, and these feelings can be intensified when your loved one’s death is due to someone else’s negligence. 

Wrongful death cases can be incredibly complex and the last thing you want to deal with at the moment. For this reason, our team of personal injury attorneys at Mottaz & Sisk will help you fight for fair compensation, and justice for your lost loved one.

According to Minnesota law, there are several damages that can be recovered in wrongful death cases, such as:

• Funeral and burial expenses
• Medical bills
• Lost wages
• Legal obligation to support the family
• Loss of companionship

Motor Vehicle Accidents

One of the most common personal injury cases revolves around motor vehicle accidents. Whether there was extreme weather, a distracted driver, or anything in between, these incidents happen so frequently throughout the United States that specific laws were created just for these occurrences.

You may be surprised to learn that the term motor vehicle accident covers a range of vehicles and scenarios, including:

• Cars and trucks
• Vans
• Motorcycles
• Boats
• Public transit and buses
• All-terrain vehicles

When it comes to motor vehicles accidents, it’s important to note that Minnesota is a “no-fault” state. That means that regardless of whose fault it was, each driver’s insurance will need to cover their own medical expenses. For this reason, Minnesota drivers need to have personal injury protection (PIP) coverage. Let’s take a more in-depth look at other Minnesota state-specific limitations regarding your personal injury claim.

Minnesota Statute of Limitations

Each state has its own personal injury laws that determine when you can file an insurance claim and under what conditions. For example, if you wish to file a personal injury claim in Minnesota, you have two years from the date of injury to do so. That specific time limit is protected by one of the many laws related to these types of cases. 

When it comes to filing in Minnesota, you’ll also need to consider several other important factors, like:

• Time constraints 
• Shared-fault rules
• “No-fault” auto insurance
• Animal attack liability 
• Government liability claims

Contact the Experienced Mottaz & Sisk Personal Injury Attorneys

You shouldn’t have to suffer the financial, physical, emotional, or psychological consequences of another’s actions without just compensation. If you or a loved one was injured due to another’s negligent actions, you might be eligible to make a personal injury claim against them.  

Thankfully, the team at Mottaz & Sisk is here to help. With our winning record and distinguished reputation, we strive to provide each client with the skillset and advocacy needed to navigate the complexities of personal injury claims.

You don’t have to deal with these disputes on your own. Contact our caring team today to get a free consultation and personal injury case review. 

The post How to Know If You’re Suitable for a Personal Injury Case appeared first on Mottaz & Sisk Injury Law.

Injuries resulting from a car or truck accident can lead to hefty medical bills, car repairs, or even require you to find an auto accident attorney. Following your accident, you’ll need to take action to ensure you receive just compensation for lost wages, medical bills, and everything in-between. Since the action you take immediately after a crash can influence your overall outcome, it’s crucial to follow seven essential steps after a truck or car accident.

Truck Vs. Car Accidents

Car or truck crashes are nerve-wracking experiences with potentially severe consequences. While accidents occur to vehicles of all sizes, truck accidents have more significant risks of serious injuries than car accidents. Therefore, while car insurance varies on coverage, trucks must have a more comprehensive insurance policy since the risk of serious injuries or death is significantly increased.

Steps to Take Following a Car or Truck Accident

Regardless of whether you have been in a car or truck crash, you need to know what steps to take immediately following the accident for your safety and well-being. Follow this seven-step guide to help you through this process:

1. Try and Remain Calm

After you’ve been in an accident, your adrenaline spikes, potentially leaving you feeling disorientated. In an emergency situation, the most important thing to do is ensure you’re safe. At this moment, take a deep breath and try to get your wits about you. 

Immediately check yourself and any passengers for injuries. If you’re unable to move, stay put and wait for help. If your vehicle can drive, try and safely move it out of the road to help you in the following steps.

2. Assess the Situation 

After the initial shock, it’s vital to assess the situation to figure out the next steps. Once you establish that everyone in your car is okay, you should see if the other drivers need assistance.

If you smell gas or smoke, leave your vehicle and get everyone to a safe distance. Whatever you do, don’t leave the area or drive away because this can show negligence, especially if it was an accident where someone was injured or killed. Instead, stay put until the police arrive.

3. Dial 911

At this point, even if you were in a minor crash with what appears to be minimal damage or injuries, it’s vital to call the police. While it’s required to make a police statement in certain states, it’s also a good idea to have cops create an accident report, gather both parties’ accounts, and document all key information. This report will help an attorney evaluate your legal case if needed.

During this interaction, try and record the officer’s name, badge number, and the accident report’s number as well so that you can request a copy. Also, refrain from mentioning anything other than the essential information. The less you say, the better.

4. Gather Information

After the accident and before you leave the scene, make sure you document as many details as possible. Start by collecting the following information from the other drivers:

• Name
• Phone number
• Driver’s license number
• License plate number
• Insurance information

Alongside recording the other person’s information, it’s a great idea to write down additional information that will later be requested by your insurance company and used in legal cases. Some good examples include:

• The date and time of the crash
• The driving conditions
• Where the accident happened
• The name of the road you were on
• Nearby cross streets
• The direction you were traveling
• What you remember about the accident

Additionally, if there were any witnesses to the incident, you should take down their contact information as well in case it’s needed for your legal defense. 

Finally, try to take pictures of both vehicles, the scene where it happened, and any injuries. While it may seem like the last thing you want to do in this situation, the more you can record, the better prepared you will be to seek legal compensation. You’ll thank yourself for doing this later.

5. Seek Medical Help

Injuries from accidents can be deceiving since many don’t appear for days up to weeks after the actual incident. This response is primarily due to adrenaline spiking from the initial event. 

One of the smartest decisions to make is to seek out medical attention as soon as possible. Your doctor will run tests, take x rays for whiplash, and treat any noticeable injuries. Beyond ensuring that you’re ok, this visit will also provide another written document to use in a legal case against any negligent parties. 

If you don’t have health insurance but you believe that the other person was at fault, you should still seek out medical attention. Your health bills should be covered by the at fault party or their insurance company.

6. Contact Your Insurance Company

Even if you’re not at fault for the accident, it’s still vital to reach out to your insurance company to let them know that you’ve been in a car or truck crash. Some states have no-fault laws, which means that your insurance will cover your vehicle’s damage while the guilty party’s insurance covers your medical bills. In other situations, your insurance may need to cover your repairs and injuries completely. This is why you’ll need to contact them to fill in the details.

If you haven’t heard from the at-fault party’s insurance within a week of the accident, you’ll need to call them to report that situation. When you do this, make sure to give only basic information regarding the accident, especially if you plan to get a lawyer involved. While the other insurance may try to get you to record a statement, kindly refuse and contact your attorney because this could hurt your case.

7. Contact an Attorney

After the reality of the situation sets in, you’ll need to take action to protect yourself from potential liability, hefty medical bills, and any other repercussions that follow severe car or truck crashes. The more information you provide to your attorney, the more they can adequately assess your situation and evaluate your case.

During this time, reach out to the highly-rated auto accident attorneys from Mottaz & Sisk. We understand how stressful and overwhelming this process is which is why we seek to help you get the financial compensation you justly deserve. 

Get the Compensation You Deserve With Mottaz & Sisk Injury Law

Since car accidents can happen to even the best drivers, it’s essential to know what steps to take to protect yourself after the fact. Remember to gather as much information as possible, seek medical attention right away, and follow up with both insurance companies. This will help create a paper trail to strengthen your case, especially if you need to prove negligence against the other party. Even though this is a stressful situation, you don’t have to go through it alone.

At Mottaz & Sisk, our team of auto accident attorneys understands how taxing this situation can be, which is why we will fight for fair compensation for any injuries sustained and loss of wages from missed work. Instead of navigating this tedious process on your own, our team will help you every step of the way. If you’ve recently experienced a car or truck crash, contact Mottaz & Sisk today to set up your free, no-obligation consultation.

The post 7 Steps to Take Immediately After a Car or Truck Crash appeared first on Mottaz & Sisk Injury Law.

That’s why it’s essential to document these common workplace injuries, seek out medical care as soon as possible, and avoid underestimating the severity of the issue. If you or a loved one experienced a traumatic brain injury or significant head trauma, it is time to seek the just compensation you deserve.

What Is Traumatic Brain Injury?

Due to your head and neck structure, any head trauma could result in a severe injury. Traumatic brain injury (TBI) directly results from a violent hit or jolt to the head, neck, or body. There are three primary types of traumatic brain injuries, including:

• Mild TBI or concussion
• Moderate TBI
• Severe TBI

While many injuries are relatively minor, more serious traumatic brain injury occurs more often than you think. If left unnoticed or untreated, these could lead to life-long complications or death. 

In fact, according to a 2019 study, there were an estimated 61,000 TBI-related deaths in the United States that year, averaging around 166 TBI deaths each day. While death is an unfortunate possibility, the number of those dealing with moderate to long-term side effects is even higher. 

Traumatic Brain Injury Warning Symptoms 

Even if you take all necessary preventative measures, accidents can still occur. Afterward, it’s crucial to get a thorough medical exam to see if there is any noticeable bruising, scarring, or bleeding from the soft tissues and cells along with your brain and brainstem. 

If you’re experiencing any of the following symptoms post-workplace accident, you need to seek out medical attention right away.

Common Minor Head Trauma Signs

• Headaches
• Blurred vision
• Nausea 
• Vomiting
• Fatigue 
• Slurred speech
• Dizziness 
• Sensory sensitivities 

Common Moderate to Severe Head Trauma Signs

• Slurred speech
• Loss of consciousness 
• Continuous vomiting 
• Convulsions and seizures
• Persistently increasing headaches 
• Clear fluid drainage
• Extensive physical, behaviors, and mental issues

Short and Long-Term Complications Associated With Traumatic Brain Injury

Unfortunately, head injuries can take time to fully develop, which is why they can be even more devastating. What may start as a series of headaches can easily take a turn for the worst and develop into one of many long-term complications, including:

• Seizures
• Infections
• Fluid buildup 
• Regular headaches
• Vertigo
• Coma
• Vegetative state
• Degenerative brain disease
• Brain death

Many physical, mental, emotional, and behavioral complications can take days, weeks, months, and even years to fully develop. Thankfully, there are ways to help mitigate many of these complications. Depending on the severity, your medical provider will offer helpful solutions to mitigate symptoms. 

Work-Related Traumatic Brain Injuries 

Workplace incidents happen all the time to even the most prepared. As such, a slip or fall could result in more than minor bumps and bruises. Even if you don’t see any physical injuries after hitting your head, you may still have received some. 

Since it may take time for TBIs to appear, it is imperative to inform your employer and seek out additional help. 

Steps to Take After a Work-Related Accident

There is no time to waste after experiencing a potentially traumatic accident at work. While you’ll need to fill out an incident report with your respective manager, there are additional steps you will want to take to help with recovery and legal protections.

Navigating Workers’ Compensation

All W-2 employees who’ve been injured on the job have a right to workers’ compensation.  This coverage includes mental and physical injuries, regardless of what an employer might say. In fact, employers are supposed to help employees figure out and file a claim through workers’ compensation. Unfortunately, this doesn’t always happen, so it is imperative to know your rights and what steps to take post workplace injury.

If you or a loved one experienced an accident at work, make sure to take action into your own hands by following these steps:

1. Report your injury as soon as possible.
2. Seek medical treatment right away to not only address your wounds but also to get additional documentation about the incident.
3. Inform your healthcare provider that it was a work-related injury.
4. Submit a written statement to your employer within 14 days, detailing your accident and injury. Your employer is then legally obligated to submit additional legal documents to the state.
5. Record all missed workdays, travel, and other out-of-pocket expenses incurred from the accident. You will need this information later when seeking compensation.
6. Seek out a compassionate and skilled workers’ compensation lawyer at any point you need help navigating the process, or you feel uncertain your employer will help. 

Work With a Workers’ Compensation Lawyer 

Even though this process can be tedious, you don’t have to go through it alone. For example, suppose you have sustained brain injuries from a workplace accident. In that case, it is imperative that you reach out to the workers’ compensation lawyers at Mottaz & Sisk to be a trusted advocate for you during this time.

In Minnesota, there are several workers’ compensation benefits available, such as:

• Lost wages
• Home adjustment aid
• Vocational rehab
• Dependent and survivor’s benefits
• Financial compensation 

By working with a knowledgeable workers’ compensation lawyer, you will have a better chance of getting the benefits you deserve for your head trauma.

Take Action for Traumatic Brain Injury Compensation

Traumatic brain injuries can have lasting effects, which is why it is so crucial to document and treat them as soon as possible. In addition, navigating what to do post-brain injury is essential to getting the care and potential compensation you deserve, especially if this incident occurred at work. 

At Mottaz & Sisk, we understand how overwhelming this time may be for you, which is why we strive to be such a strong legal advocate and maintain communication throughout the whole process. While you focus on healing, we will focus on representing you and securing the compensation you deserve.

Call us today to schedule your free consultation!

The post The Lasting Effects of Head Trauma appeared first on Mottaz & Sisk Injury Law.

But what happens if you obtain a work-caused mental injury? Unfortunately, workers’ compensation benefits in Minnesota get trickier to understand regarding workplace psychological trauma. Although this type of injury is more difficult to prove, it is not impossible. With a skilled mental injury lawyer on your side, you can receive the compensation you deserve. 

Let’s unpack the details surrounding psychological injury claims in Minnesota. 

What Is a Psychological Injury?

Psychological injury refers to mental or psychiatric conditions created by a traumatic event, physical damage, or the actions or inactions of an individual. In the workplace, psychological injuries can result from:

• Abusive behavior
• Job insecurity
• Harassment
• High-stress situations
• Physical injuries
• Overworking
• Inconsistent shift times
• Unsafe noise levels

Psychological injuries are serious because they can affect a person’s thought patterns, feelings, and behaviors. For example, mental injuries often cause poor sleep patterns and eating habits, which can further impact someone’s overall health. The most common work-related psychological injuries are depression, anxiety, and post-traumatic stress disorder (PTSD).

Depression

Depression is a mood disorder that causes heightened, consistent feelings of sadness, anger, or loss. These feelings often interfere with a person’s daily routine. For instance, at work, depression can lead to a loss of productivity. Depression symptoms affect a person’s mood and often their body, too. Common symptoms include:

• Hopeless feeling
• Irritability
• Anxiousness
• Frequent fatigue
• Loss of enjoyment in activities
• Not sleeping or sleeping too much
• Loss of appetite
• Headaches
• Substance abuse

In extreme cases, depression can lead to thoughts of suicide. If you or someone you know are experiencing suicidal thoughts, call the National Suicide Prevention Lifeline at 800-273-8255. Treatment for depression is available through medication and various forms of therapy. Licensed psychologists and psychiatrists can diagnose depression and create a treatment plan. 

If you find yourself frequently crying at work, feeling immensely anxious when managing tasks, or find it difficult to concentrate or remember new information, you may have work-related depression. If you believe a hostile work environment caused your depression, you may be eligible for compensation.

Anxiety

When excessive anxiety is present, it may result in generalized anxiety disorder (GAD). While everyone experiences anxiety sometimes, generalized anxiety disorder is characterized by constant worries about health, work, family, or socialization. GAD causes unrealistic or disproportionate feelings of anxiety which negatively affects a person’s daily life.

Common symptoms of GAD include:

• Faster heart rate
• Nausea
• Restlessness
• Excessive, constant worry
• Frequent crying
• Difficulty sleeping
• Being easily startled
• Headaches
• Shallow breathing

If you believe a toxic or stressful work environment brought upon anxiety symptoms, you may be able to pursue workers’ compensation in Minnesota. To start, you will need a confirmed diagnosis from a psychiatrist. Anxiety treatment includes cognitive behavioral therapy, anxiety medications, or a combination of both.

Post Traumatic Stress Disorder (PTSD)

PTSD is a severe condition that occurs in people who have experienced a traumatic event. These traumatic events often include:

• Serious injury
• Sexual violence
• Exposure to death
• Witnessing a natural disaster
• War
• Other life-threatening events

PTSD presents as a psychological injury when a person has difficulty recovering after a disturbing event. In the workplace, symptoms look like decreased productivity, frequent absences, and social withdrawal. Other symptoms include exaggerated responses to being startled, difficulty concentrating, poor sleep, and excess environmental alertness.

Jobs that most commonly cause PTSD for workers include, but aren’t limited to:

• Paramedics
• Firefighters
• Military personnel
• Police officers

Anyone who has experienced harassment, sexual violence, or physical injury in a workplace of any kind is also susceptible to developing PTSD. Like anxiety and depression, treatment is available through exposure therapy, cognitive behavioral therapy, and reprocessing therapy. In some cases, psychiatrists can also prescribe certain medications to supplement therapy. 

When Does Minnesota Compensate for Work-Related Mental Injury?

Even though mental and physical injuries differ in workers’ compensation, damage relief is still available for psychological traumas. Minnesota defines a work-related injury as any condition caused, aggravated, or accelerated by employment activities. Therefore, if psychological damage reaches a point where your pre-existing psychiatric state has been significantly impacted, you may be able to sue for workers’ compensation. 

Not every situation of mental injury qualifies for workers’ compensation benefits in Minnesota. Minnesota law places instances of workplace mental injury into three categories:

• Mental and Physical (Eligible for compensation)
• Physical and Mental (Eligible for compensation)
• Mental and Mental (Not eligible for compensation)

Mental Stress Producing Physical Injury

This type of mental stress is the easiest to prove in a claim because it leads to a concrete, physical injury. Minnesota Law validates workers’ compensation claims in this category under a few circumstances:

• The person making a claim (claimant) must provide legal and medical proof that their mental injury caused the physical condition.
• The claimant must prove the original work-related mental stress exceeded ordinary employee stress. 
• The physical and mental injuries must require treatments independent of each other. 

An example of mental stress producing physical injury is extreme work-related anxiety resulting in an ulcer.

Physical Damage Producing Mental Injury

This type of injury is more challenging to prove, but it is not impossible. To receive compensation in Minnesota, certain conditions must be met:

• The claimant must prove that a work-related physical injury caused or worsened a psychological injury.
• A medical professional must make a clear connection between the physical injury and psychological damage.

Minnesota law states that physical trauma does not need to be the only cause of medical injury. If work-related physical damage was a contributing factor in your mental harm, you are still eligible. Additionally, the level of severity is not a factor in compensation claims. 

Mental Stress Producing Mental Injury

Minnesota does not compensate for mental injuries caused by mental stress. This is because the cause of injury in these cases is often too difficult to prove. 

There is one exception to this rule: If you can prove that work-related mental stress produced post-traumatic stress disorder, you may be eligible for compensation. A licensed psychiatrist or psychologist must diagnose your PTSD, and you must prove that your employment caused the mental injury. 

Even though most work-related mental injuries are challenging to prove in the Minnesota legal system, working with a knowledgeable workers’ compensation lawyer will help improve your likelihood of receiving benefits.

Are You Eligible for Compensation?

If you believe your work environment caused any mental injuries discussed in this article, you may be entitled to workers’ compensation benefits. The first step is to meet with a licensed psychiatrist or psychologist to receive a confirmed diagnosis. If you get diagnosed with a psychological injury, the next step is to contact Mottaz & Sisk Injury Law and set up a free consultation. Our skilled lawyers will work with you and help you receive the compensation you deserve. 

The post How Does Minnesota Manage Psychological Injury From Work? appeared first on Mottaz & Sisk Injury Law.

You may be asking yourself, “How does workers’ compensation work in Minnesota?” In this article, you will learn more about the workers’ compensation program, how to file an insurance claim, and what to do if it’s denied. As always, make sure to consult a workplace injury attorney for more information.

What is Workers’ Compensation?

Workers’ compensation is a mandatory insurance program that every company must have to protect the financial toll of workers injured on the job. While some injuries are acute, meaning they appear from a specific incident, others can develop over time. Let’s take a closer at the two major types of work-related injuries:

• Acute Injuries: Slips, falls, equipment accidents
• Chronic Injuries: Carpal tunnel, tendonitis, muscle strains

A great comparison to explain the two is slipping and breaking a wrist vs. the development of carpal tunnel from years of typing. One happens abruptly, while the other is the direct result of repetitive use. Since both occur from working, they might be protected under workers’ compensation in Minnesota.

Outside of acute or chronic injuries, workers’ compensation even treats occupational diseases, like those that occur from exposure to asbestosis.

Workers’ Compensation Benefits 

Minnesota law requires employers to provide essential workers’ compensation insurance. Unfortunately, work-related injuries can leave employees severely injured for a short or long time. Under Minnesota law, companies need to cover those disabilities accrued on the job. See the different types of disabilities covered below: 

• Temporary Total Disability (TTD)
• Temporary Partial Disability (TPD)
• Permanent Partial Disability (PPD)
• Permanent Total Disability (PTD)

This program goes beyond only covering severe work-related disabilities. There are several benefits available through workers’ compensation to help protect various medical and necessary extra expenses directly related to a work injury. In fact, they offer additional services to provide financial relief to individuals and families affected by work-related injuries. Other significant benefits include:

• Lost wages
• Home-adjustment aid
• Medical benefits
• Dependent and survivor’s benefits
• Vocational rehab
• Compensation for loss of life and limb

Learn more about what types of benefits are available to you and your fellow Minnesotans. 

Applying for Workers’ Compensation in Minnesota

Applying for workers’ compensation requires several official steps, from filing certain forms to being assigned a case adjuster to deliberate your insurance claim. While this process may seem a bit tedious, it’s essential to follow it to a “t” to ensure your claim is justly analyzed. Let’s take a closer look at some initial steps to follow if you think you’ve been injured on the job. 

Remember, always seek emergency medical treatment right away if needed. 

1. Assess the Situation 

Once you experience an injury at your job, it’s essential to notify your employer and seek medical attention right away. Even if it may seem like a minor injury, it could have lingering problems if not treated promptly. This is why the best practice is to inform a superior ASAP to document the incident for  legal purposes later. Reporting your injury as soon as possible is crucial so that they can file a report to their insurance company. Remember, they are required to report injuries, and you are well within your rights to ask them to do so. 

In order to qualify for workers’ compensation, you’ll need to report your injury within specific legal timeframes. This is why it’s crucial to have a written report to back up your injury. According to the State of Minnesota’s workers’ compensation program, you need to report your injury or occupational disease to your employer within 14 days of injury. Occupational diseases are harder to report because they appear over time. The day you become aware of an occupational disease marks the start date of your workplace injury.

2. Fill Out Legal Forms and Start a Claim

Your employer will then need to fill out a legal report called a First Report of Injury (FROI) form. It needs to be submitted to your employer’s workers’ compensation insurance company to continue to the next step.

Your company is also legally required to provide you with the Minnesota Workers’ Compensation System Employee Information Sheet. This form will provide essential resources, workers’ rights information, and numbers to call for assistance.

3. Connect With an Insurance Adjuster

Within ten days of receiving the report, the Minnesota Department of Labor & Industry (MDLI) will reach out to you to process your case. You will then be assigned a claim number and an insurance adjuster who will gather the necessary information to deny or grant your claim. At this point, it’s crucial to have as much documentation as possible surrounding your work-related incident to help strengthen your insurance claim.

Information an insurance adjuster will ask for is as follows: 

• Summary of work incident
• Number of missed days at work
• A medical report (if applicable)
• Average weekly wage
• Compensation rate
• Date of benefits initiated
• Any other pertinent information

After gathering all necessary information related to your case, the insurance adjuster will then either deny or accept your claim.

4. Don’t Forget Your Appeal Rights

If your insurance claim is denied, you are still able to file a formal appeal. The MDLI recognizes your appeal petition within three years of your initial claim denial. Once you make your appeal, you will be assigned a compensation judge through the Minnesota Office of Administrative Hearings. Consulting a workers’ compensation attorney is an excellent way to prepare for the appeal. 

Not only do attorneys help steer you in the right direction, but they also inform you of what pertinent information to gather and answer any questions you may have. Having an advocate during this process will make a world of difference. 

Exclusions to Minnesota Workers’ Compensation

While workers’ compensation is available to most workers throughout the state, some jobs are unfortunately not covered. Certain exemptions to workers’ compensation include:

• Independent contractors
• State and federal employees
• Temp employees
• Certain farming, interstate trucking, and railroad workers
• Additional specific exemptions

While some jobs are exempt from workers’ compensation, all employees need to understand their rights. If you have more questions, consult a workers’ compensation attorney for legal advice.

Understanding How Workers’ Compensation Works in Minnesota 

Even with the best preventative measures, work-related accidents still happen. Luckily, the State of Minnesota’s process is relatively straightforward, and the benefits cover a range of disabilities, medical bills, lost wages, and more. 

Regardless of the degree of severity, you have the right to apply for Minnesota workers’ compensation through your employer. If, for some reason, your claim is denied or you are told you’re not eligible, it’s vital to seek out legal advice. 

At any point after receiving your workplace injury, you’re encouraged to reach out to a trusted workers’ compensation attorney. At Mottaz & Sisk, we understand how tedious the claim process can be, which is why our attorneys specialize in helping clients navigate their cases. Since 1989 we’ve proudly fought for Minnesotan workers’ compensation benefits. Contact our team today to set up your free case evaluation.

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