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.