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Workers Compensation
State law system that issues cash payments and provides
medical care, regardless of fault, to employees who are
injured or disabled during the course of their employment.
State law requires the benefits be paid. Read some of our Minnesota Workers Compensation Case Studies.
Q: I live in Minnesota but I got hurt in Wisconsin
(or I live in Wisconsin and got hurt in Minnesota) what
law applies?
A: It's possible that either one of the laws will apply.
Generally the law in the state where you were injured applies.
However sometimes, another law may apply (or perhaps both
laws would apply, although you are only allowed to collect
benefits under one system, not both).
Q: What are the benefits?
A: The benefits, in both Minnesota and Wisconsin, are somewhat
similar. Injured employees are entitled to be paid total
wage loss (which is paid at 2/3 of the wage at the time
of the injury) or partial wage loss (which is paid at 2/3
of the wage differential between your wage at the time of
the injury and your current wage). There are limitations,
in both Minnesota and Wisconsin, on how long a person is
entitled to either total or partial wage loss.
There are also benefits for permanent partial disability,
although the type and manner in which those benefits are
paid are substantially different in Minnesota than in Wisconsin.
People covered by Minnesota or Wisconsin are also entitled
to medical benefits, such that their medical expenses shall
be paid. There are vocational rehabilitation benefits, including
potentially retraining. There may be additional benefits
that a person may be entitled to, depending upon the circumstances
and the applicable law.
Q: How long do I have before I can file my claim?
A: In Minnesota, the general rule is that you have 30 days
to inform your employer that you were injured, although
there may be exceptions that allow up to 180 days. (Most
people inform their employers if they were injured immediately,
or shortly thereafter, and in many circumstances, the employer
knows that the person was injured right away).
In Minnesota, you generally have three years before you
can commence a claim for workers' compensation benefits.
Once benefits have been paid (in any form whether it be
wage loss, medical, or otherwise), there is no more statute
of limitation problem in Minnesota. In other words, once
the insurance company has paid a single benefit, a claim
can be commenced at any time thereafter, sometimes years,
even decades later.
In Wisconsin, an employee is required to notify an employer
of an injury within 30 days of the injury or 30 days of
when the employee knew or should have known of the disability.
In Wisconsin, an employee has to file an application for
a hearing within 12 years from the date of injury or the
date of last payment of compensation.
If the claim is denied, an employee must file an application
for hearing within two years from the date of the injury
or the date the employee knew or should have known of the
disability.
Q: How do attorneys get paid?
A: In Minnesota, attorneys are paid 25% of the first $4,000
of benefits recovered and 20% thereafter, subject to a maximum
fee of $13,000 (although occasionally there are exceptions
to the maximum fee limitations). In Wisconsin, attorneys
are paid 20% of all compensation recovered. In both Minnesota
and Wisconsin, attorney fees must be approved by a workers'
compensation judge.
Q: Should I get a lawyer? (Especially since the
insurance company is paying all of my benefits).
A: Generally, because workers' compensation, whether in
Minnesota or Wisconsin, is very complicated, and because
the laws are constantly changing due to the political winds,
seeking attorney advice is always a good idea. Again, it
costs nothing to hire a lawyer for a workers' compensation
claim. The lawyer will be paid only a percentage of the
benefits the lawyer helps you obtain. If you are already
receiving benefits, the lawyer will not begin receiving
a percentage of the benefits you are receiving. The lawyer
will only receive a percentage of the benefits he or she
helps you obtain.
In fact, as one might be able to tell from the questions
and answers so far, the manner in which an injured employee
gets benefits, the nature of the benefits, and how an employee
commences a claim to get benefits can be very complicated.
Thus, it is always a good idea to seek out legal advice
from a competent attorney.
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