subject: How Minnesota Workers Comp Attorney Can Help [print this page] How Minnesota Workers Comp Attorney Can Help
Having an attorney to help with your workers' compensation case can help immensely in many ways. Being injured at work can be a stressful and traumatic event. In many cases, and injured worker does not know what to do, and the employer is of little help.
Dealing with Insurance Companies
After you report an injury to your employer, the employer is supposed to complete a First Report of Injury and send it to its workers' compensation insurance company. The insurance company then issues a Notice of Primary Liability Determination. This document either admits or denies liability for your injury. If liability is denied, you will need an attorney to pursue a claim for benefits. If liability is admitted, you should have an attorney explain the benefits that you are entitled to.
Making Claims
If an insurance company discontinues paying wage loss or medical benefits for an unfair reason, you will need an attorney to help reinstate your benefits. There are several different claims to make, and each requires a different form. The common forms and claims are as follows:
Employee's Claim Petition
If any workers' compensation benefits are denied, then the employee's attorney can file a Claim Petition with the Department of Labor. This initiates a claim for benefits, including wage loss benefits, medical benefits, vocational rehabilitation benefits, disability benefits, and reimbursement for mileage and parking.
Medical Request
If medical treatment is disputed, the employee's attorney can file a document called a "Medical Request" with the Department of Labor. This can claim that past medical bills get paid, or that recommended medical treatment be approved.
Rehabilitation Request
Attorneys can also request vocational rehabilitation services or payments by filing a "Rehabilitation Request" with the Department of Labor. Common rehabilitation claims are for QRC services and mileage reimbursement related to job search activities.
Representing Employees at Appearances
After a claim is filed, there will be scheduled events that the employee must attend. It is never a good idea to not have an attorney with you.
Conferences
If a Medical Request or a Rehabilitation Request is filed, there will be a conference at the Department of Labor. During this conference, a mediator will meet with the employee and attorney, and claims adjuster or defense attorney to hear both sides of the issue. Having an attorney state your arguments for you is critical.
Depositions
A deposition is a process where the defense attorney is able to ask you questions under oath, but outside of a courtroom. It usually occurs at you attorney's law office. It is crucial to have your attorney prepare you for this experience, and sit next to you during the process to make objections to the questions, if necessary.
Hearings
A hearing in a workers' compensation case is a trial. You will need an attorney at the trial to make an opening statement, introduce exhibits, take testimony, and make legal arguments.
If you are injured at work and have questions regarding your rights it is recommended that you speak to a work comp attorney to learn more about your legal rights.
