Amazon Fulfillment Centers’ appalling working conditions have raised national and international attention. Locally, union representatives and community organizations joined the rally. National representatives, news outlets, television hosts, and even political parties also joined the workers in their protest.

What were the main complaints?

It’s hard to imagine an area at Amazon where workers do not want improvements. Minnesota workers are no exception. The following are just a few of the most notable complaints workers have at the Shakopee location:

• Unfairly strict and dangerously exhausting conditions.
• Insufficient protected areas for religious midday worship.
• 30-minute non-relaxing breaks that count against an employee.
• Posted police officers on July 15^th to intimidate workers not to join the strike.
• Feelings of dehumanization.
• Unrealistic daily output goals.
• Denying workers’ compensation for injuries sustained on the job.

With Minnesota’s close connections to historic labor movements and one of the largest Somali populations in the western hemisphere, it’s no wonder Minnesota workers took up protest. Dangerous working conditions are not acceptable in Minnesota.

What can you do about a dangerous working condition?

Whenever a company get away with keeping dangerous working conditions, it emboldens others and endangers workers everywhere. It is essential that workers attempt to report safety concerns through the proper channels.

That may be an OSHA or Union representative, a corporate headquarters, or with legal help. If you’re injured on the job, always report your injury. Most companies will try to take steps to make the workplace safer. If they deny you compensation, explore your legal options today.

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Minnesota Social Security Disability Attorneys

Difference Between SSDI and SSI

There are two types of disability programs for adults. This includes Social Security disability benefits (SSDI) and Supplemental Security Income (SSI). There is a significant difference between both. Incidentally, both programs are designed to help individuals with a monetary amount order eligibility for both are different.

SSDI are for individuals who have worked for a long enough period of time to accumulate credits. SSI benefits are for individuals with disabilities who have little or no income. In order to receive SSI you must have very limited income and assets. For example, individuals cannot have more than $2000 and married couples no more than $3000.

Injured individuals with enough work credits may apply for SSDI benefits. If they begin receiving SSDI they may be eligible after two years for Medicare.

Filing for Disability Benefits

There are number of ways in which to file for Social Security disability benefits or supplemental Security income. First, you can go to your local Social Security office. Second, you can apply online. Three, you can have an attorney or a representative assist you in filling out the application. The information that you will provide in your application will mostly concern details about your condition and why you are disabled. You’ll have to provide a list of doctors who treated you along with any hospitals and clinics and any medications that you have been prescribed. Having a disability attorney can help you in making sure that the social security file gets developed appropriately.

Social Security Disability Benefits Attorney in Minnesota

Oftentimes we recommend to potential clients that they fill out the application on their own. However, this will depend on the claimant’s ability to gather the requisite information and ability to provide the information to Social Security. Our office and staff are very supportive during the process. We take our clients concern seriously and respond to questions and updates. You should not feel that you are doing this on your own when applying for social security disability benefits and we are available to answer any questions that you may have including the process and the stages of your claim.

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Workers’ compensation insurers are required, under the law, to issue workers’ compensation checks in a timely fashion. When benefits are owed depends on the type of benefits you are receiving.

Wage Loss and Medical Mileage

• If you are receiving temporary total disability benefits, the checks are required to be paid at the same interval which you would be receiving checks normally from your employer. In other words, if you get your check on a weekly basis then, temporary total disability benefits are to be paid to you on weekly basis.
• If you are receiving temporary partial disability benefits, the checks are to be issued ten days after you have sent your paystubs to the insurance company. If you are relying on the employer to send the checks, then it would be ten days from which the employer is sending the check to the insurance company. You may want to send the paystub on your own and not rely on the employer to send it to make sure that they are sent in a timely fashion.
• Medical mileage is typically issued 30 days after it has been sent to the insurance company. The reason that it is 30 days is that the insurance typically handle it like medical bills for which under the statute they have 30 days to issue payment.

Penalties

If checks have been sent to you untimely or late, a penalty may be assessed against the insurer. A penalty can be brought, at your request, by the Special Compensation Fund with the Department of Labor and Industry. A complaint can be made and an investigation with be undertaken to determine what, if any, checks have been issued late. The Department of Labor and Industry may then issue a penalty which would then be payable to you. In other circumstances, an attorney can also bring a claim for penalties based on the employer and insurer’s failure to issue checks in a timely fashion.

Contact a Minnesota Worker’s Compensation Attorney

If you are having issues with workers’ compensation providing benefits in a timely fashion, please feel free to contact the experienced and knowledgeable attorneys at Mottaz & Sisk to discuss your options.

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As the school year quickly comes to a close for college and high school students, many young workers will soon be starting summer jobs.

Summer jobs are an opportunity to meet new people, earn money, and to build work experience – and they should always be a safe experience.

The Occupational Safety and Health Administration (OSHA) wants all workers, including young workers who may be starting their first job this summer, to know they have the right to a safe and healthy workplace no matter where they work or how old they are.

Here are five workplace safety tips for young workers to remember:

1. Get training about workplace hazards and always use required safety gear
2. Ask questions if you don’t understand instructions or if something seems unsafe
3. Immediately report unsafe conditions to your supervisor
4. You can contact OSHA at 1-800-321-6742 to ask questions or to report an unsafe workspace
5. No one can punish you for reporting unsafe conditions or injuries, or for contacting OSHA

…

OSHA offers compliance assistance materials and programs to help workers and employers learn about workplace hazards, and keep workers safe. OSHA’s On-Site Consultation Program offers no-cost and confidential occupational safety and health services to small- and medium-sized businesses in all 50 states, the District of Columbia, and several U.S. territories.

Loren Sweatt is the Principal Deputy Assistant Secretary for Occupational Safety and Health.

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In order to receive social security disability benefits there must be a physical or mental health problem you suffer from which is severe enough to keep you from working in any regular, paying job for at least 12 months. The question is not whether you’ve been unable to get a job lately, or whether you are unable to go back to your old job. Instead, it is whether you are capable of going back and doing any job in the national economy.

The Social Security administration will take into account all of your severe impairments,  medical conditions, your ability to work, your age, education, training and work experience. Social Security will use a five- step sequential process when determining whether you are entitled to Social Security disability benefits.

Speak with an SSDI Attorney

If you have been denied Social Security disability benefits an attorney can help play a significant role in assisting in getting you benefits. Talk with a social security disability lawyer today. Most attorneys, including our office, offers free no hassle consultations. We would be glad to speak with you about your case.

Be Empowered. Be Educated.

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The firing of an injured worker for “cause” rather than “misconduct” can mean the difference between  suspending or forfeiting of temporary total disability and temporary partial disability benefits. If an injured worker has been terminated, let go or fired after a work injury typically all of their workers’ compensation benefits will continue. However, there are exceptions for certain wage loss benefits. This will depend on the reason for the termination.

Misconduct and Minnesota Workers’ Compensation

Under Minnesota workers compensation law, misconduct can act as a defense after termination against recommencing  temporary total disability benefits. In Minnesota, most employees are employed “at will”  and may be terminated by an employer at any time, without advance notice, for any reason, including no reason at all. Not all conduct resulting in termination is misconduct. Therefore, it is necessary to differentiate between termination for cause and for misconduct. A termination for misconduct defense and the extent of the defense  depend primarily on an analysis of the employee’s conduct.

The burden of proof is on the employer and insurer to show the injured worker was discharged for misconduct. Misconduct typically falls in one of the three categories:

• Deliberate violations or disregard of standards or behavior
• Carelessness or negligence of such a degree or recurrence as to manifest equal culpability, wrongful intent or evil design
• Intentional and substantial disregard of the employer’s interest or of the employee’s duties and obligations to his employer

If a termination or firing is due to misconduct, and the injured worker has not received temporary total disability benefits in the past, then the injured can still receive temporary total if they can show entitlement. However, if they have received temporary total in the past and they are fired for misconduct, they can never receive temporary total again, ever.

Misconduct is not a bar to temporary partial or permanent total disability benefits. In fact, it is not a bar to any other benefits other than potentially temporary total disability benefits.

Speak with a Minnesota Work Injury Lawyer

Cases with allegations of misconduct are very fact specific. It is important to discuss the fact with an experienced workers’ compensation attorney. If you have questions or would like to discuss your worker’s compensation case, contact Jerry Sisk with the Law Office of Thomas Mottaz today for a free, no hassle consultation.

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The post What happens to my workers’ compensation benefits if my employer terminates or fires me for misconduct? appeared first on Minnesota Work Injury Lawyer | MN Workers Compensation Attorney.

Injured workers’ who suffered electrical injuries or burns are entitled to Minnesota workers’ compensation benefits. Electrical injuries are relatively common, nearly always accidental, and generally preventable. The direct effect of electrical current, conversion of electrical to thermal energy, and blunt mechanical trauma can result in tissue destruction, burns and organ dysfunction. These electrocution injuries can result in significant wage loss and medical treatment.

A U.S. Bureau of Labor Statistics, Census of Fatal Occupational Injuries Report of 2018 established that 77% of contract worker electrocutions that occurred from 2012-2016 involved workers employed in the construction industry. The highest risk of electrocution was with power line installers and electricians.In addition to power-line installers and electricians other construction trades with elevated rates of electrocution include: roofers, HVAC mechanics, and laborers.

Injuries from electrocution can be vary from minor to very severe. Injuries can effect the body in varies ways from cardiac, renal, neurologic, skin, musculoskeletal and vascular. Other injuries can result from electrocution which are a

Symptoms of an Electrical Injuries or Electrocution

The symptoms depend on how much electricity came in contact with your body and how long the contact lasted.

Electricity can cause different types of skin burns, depending on which skin layers are affected. The terms doctors use to describe different types of burns are:

• Superficial – A superficial burn affects only the top layer of the skin. The skin is red, dry, and painful. When you press on the burn, it turns white.
• Partial-thickness – A partial-thickness burn affects the top 2 layers of the skin. The skin is red and can leak fluid or form blisters.
• Full-thickness – A full-thickness burn affects all the layers of the skin. The burn doesn’t usually hurt, because the burned skin can’t feel anything. The skin can be white, gray, or black.

Other symptoms of electrical injuries depend on whether or not you have damage to your internal organs. Electrocution should always be taken seriously. Injured workers with severe electrical injuries should be monitored closely for their injuries.

Be Empowered. Be Educated

If you or a loved one has suffered an electrocution or an electrical injury, contact our office for free consultation. It is important to understand your rights under the law. We are are here to help. Let us help you get the benefits you are entitled to under the law.

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The Minnesota Department of Labor and Industry just concluded a study of work injuries that were sustained by Minnesotans in 2017. The study revealed the following:

• 50% of the injuries sustained were sprains, strains or tears.
• 17% of the injuries were from falls on the same level.
• 6% of the injuries were from violence in the workplace.
• 21% of the injuries were caused by structures or surfaces.
• 8% were caused by tools, instruments or equipment.
• 23% of the injuries were to the arms and hands.
• 18% involved the back.
• 8% involved the head and neck.

Minnesota work injuries come in all shapes and sizes. It is always important to make sure that the appropriate safety precautions are in place and that employees are using appropriate body mechanics to avoid injury or insult.

Even with the appropriate safety procedures in place and appropriate care when working, work injuries can occur. It is important to understand your rights following a work injury. Unlike many other areas of law speaking with an attorney about your work injury is free. As such you should stay empowered and informed by talking to an experienced Worker’s Compensation lawyer. Contact our office for free, no hassle consultation.

Minnesota Workers’ Compensation Lawyers | Coon Rapids | Eden Prairie | St. Cloud | Mankato | Rochester |Duluth |Minneapolis | St. Paul | Andover | Blaine | Elk River |

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A recent, but not new, trend among workers compensation insurers and adjusters is to deny claims on the basis that the injuries were “idiopathic.” In most cases these types of injuries are erroneously denied.

If an injury is truly idiopathic it would not be covered under Minnesota workers compensation law. Idiopathic means peculiar to the individual. In other words, personal or of an unknown cause. These types of injuries are typically ones that are caused by factors not related in any way to the work activities. For example, walking on a clean floor and suddenly the employee’s knee gives out for no explainable reason. This could be considered idiopathic. However, change the facts slightly and include that the injured worker was required to wear high heels, had to run to help a client, slipped on water, etc. you suddenly no longer have an idiopathic injury, but a situation where the work activities cause an “increased risk.” If the work activities increased the risk of injury then the work injury would be covered.

Unfortunately, insurers and adjusters utilize the idiopathic defense as a way to deny claims. If an adjuster hears things such as “I’m not sure what happened” or “I was a klutz,” in most situations the adjuster will deny the claim. Incidentally, you can still get benefits.

If an insured denies a claim based on an idiopathic injury you have a right to file a Claim Petition to receive workers compensation benefits. A workers’ compensation attorney can help to prepare the appropriate documents and fight to get you benefits.

If you’ve been denied workers compensation benefits based on an idiopathic defense contact our office today for a free no hassle consultation. We are here to help.

Minnesota Workers’ Compensation Lawyers | Coon Rapids | Eden Prairie | St. Cloud | Mankato | Rochester |Duluth |Minneapolis | St. Paul | Andover | Blaine | Elk River |

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Workplace Violence is becoming more predominant than ever before. Over 2 million American workers are victims of workplace violence each year. Recent Minnesota Department of Labor and Industry Study revealed that 6% of all work injuries in 2017 were the result of workplace violence. These injuries can occur at any time. In fact, they can occur from other employees. In many cases these injuries are covered under the Worker’s Compensation act.

Workplace violence causes a significant number of fatalities throughout the United States. In 1996, the National Institute of Occupational Safety and Health (NIOSH) reported in its study, Violence in the Workplace: Risk Factors and Prevention Strategies that in any given week, about 20 workers are murdered in the United States. Statistics about workplace fatalities show that assaults and other violent acts are among the leading causes of work-related deaths in a number of states. For women, violence is the leading cause of workplace fatalities in the United States.

Typically, Minnesota workers’ compensation law does not allow an injury to be covered from a co-employee unless the injury was unintentional, or, if intentional, it was motivated by the employee as an employee.

When an employee’s intentionally harms another employee’s the law requires an analysis about why the harm was caused. Was the co-employee motivated by personal animosity towards the victim or was it wholly unconnected to the employment? If it was solely personal and it would not be covered. On the other hand, if it was solely out of an activity as an employee or, if neither as an employee or even personal, then it would be covered.

In these cases it’s important to understand whether the connection to the work resulted in the provocation or injury to the employee. If the injury is covered the injured worker then would be allowed workers compensation benefits.

The Minnesota Department of Labor and Industry provides brochures on stopping workplace violence. It can be obtained here.

If you, a friend or loved one has suffered workplace violence and have sustained injuries whether it be physical or emotional, contact our office today for a free consultation to evaluate your entitlement to workers compensation benefits.

Minnesota Workers’ Compensation Lawyers | Coon Rapids | Eden Prairie | St. Cloud | Mankato | Rochester |Duluth |Minneapolis | St. Paul | Andover | Blaine | Elk River |

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