Laid off Boise Cascade Employees May Have Workers’ Compensation Claims

If you are an employee of Boise Cascade in International Falls who recently lost your job due to the layoffs, you may be surprised to learn that you have work comp claims. We have represented people in similar situations over the years following major layoffs at Blandin Paper Company and LTV Mining, to name a couple of examples.

In our experience,  employer’s generally do not notify employees about potential work comp claims following a layoff. The simple reason for this is that it would cost your employer money if it had to pay ongoing work comp claims. For this reason, many laid off employees simply collect unemployment compensation and then move on to another job without any idea that they may be eligible for work comp benefits.

Under what circumstances might you have a work comp claim following a layoff?  These are a few examples:

1. You suffered a work related injury at some time during your employment before the layoff;

2. The injury was accepted by the work comp insurer and medical or wage loss benefits were paid;

3. At the time of the layoff, you still had some limitations or restrictions as a result of the work injury (even if you were working at full wage at the time of the layoff);

4. Your previous work injury resulted in a permanent impairment under the work comp disability schedules, but the disability was never rated by your physician or paid by the insurance company;

5. You have a gradual or repetitive type injury which you haven’t yet reported but which is related to your work activities up to the time of the layoff;

6. Depending upon how much time has passed since your injury, you may be entitled to vocational rehabilitation assistance or retraining;

What type of benefits might be available? Again, some examples:

1. Partial wage loss benefits if you find a new job which pays you less than you were earning before the layoff;

2. Compensation for a disability rating;

3. Total wage loss benefits if you were off work and receiving work comp benefits at the time of the layoff;

4. Wage loss and vocational rehabilitation benefits if you have what amounts to a “new” injury which has not yet been reported;

What should I do now?

1. If you have an old work comp claim and were represented by an attorney, contact the attorney to find out if you have any claims which remain available to you after the layoff;

2. If you have an old work comp claim but never had an attorney, contact an experienced work comp attorney to see about your options;

3. If you believe that you have suffered a gradual or repetitive type injury as a result of your work activities which you haven’t reported to the employer, contact an experienced work comp attorney immediately. Work comp claims in Minnesota have notice and filing deadlines – if you miss one of these deadlines your claim will be barred forever.

Our Recommendation

If you have an old claim, think that you have a new claim, or just have questions about work comp benefits following a layoff, contact an experienced work comp attorney for consultation. At Bradt Law Offices, there is no charge for an initial consultation over the phone, in your home or at our office. A layoff is a traumatic, life-changing event. While you may be entitled to unemployment benefits in the near term, you may be surprised to find that you have claims for work comp benefits to help you through this transition in your life. Feel free to contact us at any time with your questions – you will always get our honest opinion and we will help you in any way that we can.

We have been helping your friends and neighbors with work injury claims across all of northern Minnesota for 30 years. Let us help you.

Thank you for visiting our blog and/or our website.

Can I Get Minnesota Work Comp Benefits after a Layoff?

If you have ever been laid off from a job, either on a temporary basis or permanently, you know the gut-wrenching fear of suddenly being without a job and without income.  What will you do about house payments, truck payments, groceries, school expenses and tuition?  What about health insurance or other benefits that your employer may have provided?

Suddenly, you are scrambling to find other sources of income or ways to make ends meet. Obviously, you begin with a job search. You might also check into available benefits through unemployment or other sources.  At the end of the day, however, you are facing a major change in your life both personally and financially.  A possible benefit that most people tend to overlook might be workers’ compensation benefits.

Over the years, we have helped many people in northern Minnesota with work comp claims after they were permanently laid off following shutdowns or downsizing at LTV Steel, Potlatch and Blandin Paper, among other large employers.  Another large layoff has recently been announced for Boise Cascade in International Falls.

How Can I Get Work Comp Benefits after a Layoff?

There are several situations where you might be eligible for work comp benefits after you have been laid off from a job.  These situations might include if:

-You had a prior accepted work injury which resulted in surgery;

-You had work restrictions from a prior accepted work injury at the time of the layoff;

-You had a prior accepted work injury which requires additional medical care;

-You have a recent work injury that has not been reported;

-Your job duties right up until the date of the layoff have contributed to an injury or disabling condition;

The term “accepted work injury” means an injury that was reported to the employer and work comp insurer and was accepted, or admitted, by the work comp insurer as a work injury.  Typically, the insurance company would then pay medical bills or wage loss benefits depending upon the nature and extent of the injury.

If you had injuries during the years of your employment which were not reported or which were denied, the statute of limitations might prevent you from bringing claims at this time.  Consulting with an attorney would help you to establish whether it’s too late to file a claim.

You Had a Prior Accepted Work Injury Which Resulted in Surgery

If at some point during your employment you had a work injury and received work comp benefits, including surgery, you may have some ongoing claims.  If you had surgery, you may have been given a permanent partial disability rating (PPD), for which the insurance company paid you some money.  Or, maybe you have a PPD rating from a surgery and the insurance company never paid you – that claim is probably still available.

A prior surgery might also support a claim that you have ongoing restrictions related to the work injury, even if no formal restrictions were ever given to you by your treating physician.  Sometimes a friendly doctor will simply tell you to “take it easy” or “just do what you can”, without writing out specific restrictions on how much you can lift, how often you can bend, etc.  Your treating physician might be able to put some restrictions on you now, which would support a claim for wage loss benefits while you try to find a new job.  Under those circumstances, you may have a partial wage loss claim if you find another job which pays you less than you were earning when you were laid off.

You Had Work Restrictions from a Prior Accepted Work Injury at the Time of the Layoff

Even if you were working at full wage on the date of the layoff, if you had restrictions from a prior work injury, you might be able to claim partial wage loss benefits now if you find a new job that pays you less.  You may also be eligible for vocational rehabilitation services to help you find a new job.

You Had a Prior Accepted Work Injury Which Requires Additional Medical Care

In my twenty-nine years of experience handling work comp claims in northern Minnesota, I have seen many, many men and women who are “working hurt”.  These are people who suffered an admitted work injury and chose to go back to work without any formal work restrictions even though they were still suffering from back, neck, shoulder, knee, etc. pain and limitations.  Often, the work environment can be very intimidating for someone who claims an injury or needs work restrictions.  For that reason, many people simply tough it out and continue working to avoid being ridiculed by coworkers or supervisors.

However, if the medical records document that you had a legitimate work injury and there is current medical support for work restrictions, it may not be too late to file a claim for wage loss benefits now that you are laid off.  The key is to have solid medical support from a treating physician who will relate your ongoing difficulties to a work injury that was accepted at the time you reported it.

You Have a Recent Work Injury That Has Not Been Reported

If you have very recently suffered an injury at work but have not yet reported it to your employer, you should do so immediately. There are strict deadlines for actually reporting an injury once you are aware that it is related to your work activities.  If you fail to report the injury quickly enough, the claim might be barred forever.  Reporting an injury after a layoff will automatically be viewed suspiciously by the insurance company, but if you can prove that the injury is work related, you should definitely pursue it.

The notice of a work injury should be given in writing to a supervisor, human resources person or anyone else in a position of authority with the employer and should specifically state the nature of the injury and how it is related to your work.  You should also follow up right away with a doctor to document the nature of the injury and obtain treatment.

Your Job Duties Right up until the Date of the Layoff Have Contributed to an Injury or Disabling Condition

Not all work comp injuries are the result of one specific incident.  If you fall off a ladder and break your arm, that’s pretty clearly a work comp injury which occurred at a certain time on a certain date.  However, if your work activities over a period of time have gradually resulted in a painful or disabling medical condition, that can also be a work comp claim.  A good example might be someone who spends all day, everyday, bent over shoveling or lifting.  Eventually, that person develops back pain and requires medical care.  If his work activities contributed to the development of his disabling  back condition, that would be a repetitive injury work comp claim.  Another example might be someone who develops carpal tunnel syndrome from repetitive work activities involving the hands and wrists.  These types of claims are called repetitive, or Gillette injuries.  A Gillette injury can involve any body part which is subjected to repetitive stress in the course of employment.

The date of injury for a repetitive use  (Gillette)  injury, can be the first date you see a physician, the first day you become disabled or limited from the injury, or the last day you work, among other possible dates.  If you suspect that you have such a claim from your work activities, you should give written notice to your employer immediately, explaining that you have a medical condition which you believe is related to your work activities.  Again, follow-up with your physician right away and describe in detail what your job duties were and how they seemed to cause or increase your symptoms.

Deadlines and Other Limitations

As mentioned above, there are deadlines which apply to giving notice of an injury and there are additional deadlines for actually filing a work comp claim. If you had an injury at some point in the past that you didn’t report or which was denied, it may be too late to pursue any claims at this time. However, if you had an injury that was accepted by work comp, no matter how long ago, you may still have some benefits available to you, including wage loss, permanent impairment, medical or vocational rehabilitation and retraining.

There are also limitations or “caps” on certain types of benefits, so not all benefits would be available after a certain amount of time has gone by. Either way, it’s probably worth looking into now that you’ve  been laid off and will be looking for a new job.

Our Recommendation

If you have been laid off from a job and have a work related injury or disabling medical condition related to your work activities, consult with an experienced work comp attorney to see if you have any rights or claims available to you. You can be assured that the employer will not follow up with you after the layoff to remind you about any available work comp benefits.

We have been representing injured workers across all of northern Minnesota for nearly 30 years. You can contact us at any time for an absolutely free consultation.  We will always give you nothing but our honest opinion about your possible claims and will be happy to help you in any way that we can.  Call us with questions at any time.

Thank you for visiting our blog.

What Is a Repetitive or Gillette Work Injury in Minnesota?

One of the more confusing issues in a Minnesota work comp claim is what constitutes an “injury”.   If you fall off a ladder and break your arm while at work, we would all agree that you had a work injury.  If you wrenched your back lifting a heavy box at work –  again, that is pretty clearly a work injury.

But what if you are pretty sure your sore back (or knees, neck, shoulder, etc) was caused by your job duties but you never had a specific work injury?  Are you still covered by workers’ compensation?  The short answer is YES, but you may have to prove it if the insurance company denies your claim.

Over the years I have had many, many clients tell me they had no idea they had a work comp claim because they had never suffered a specific injury.  I have met with people who have undergone major back surgeries and never knew the claim could be turned in to work comp.  The same goes for shoulder injuries, carpal tunnel syndrome, neck injuries, worn-out knees, hips, ankles and a number of other conditions which can be very painful and disabling.

These are referred to as “repetitive work injuries” or Gillette injuries.  The term repetitive work injury simply means that your medical or disabling condition occurred gradually over time, instead of from a specific, single incident.  They are also called “Gillette injuries”, because of a 1960 Minnesota Supreme Court case, Gillette v. Harold, Inc, which decided that work injuries can occur as a result of repetitive or cumulative “minor trauma” caused by performing ordinary job duties.

What should you do if you have an injury or medical condition which you think might have been caused by your work activities?

The first thing you should do is notify your employer, by filling out an injury or incident report.  If you fail to do so, the work comp insurance company may have a defense to the claim later on, by claiming that you did not give notice of your injury or condition, even when you realized it was probably related to your work activities.

The second thing you should do is see your doctor or chiropractor and explain in detail how you believe your problems are related to your work activities.  For example, if your job involves a lot of lifting, twisting and bending which seems to give you low back pain, make sure you tell your medical provider.  If it doesn’t show up in the medical records, it may be difficult for you to prove your claim later on.

Some examples of repetitive or Gillette injuries

A very common claim is a back or neck injury caused by physically demanding labor such as heavy lifting, frequent bending, twisting or working in awkward positions.  The problem may start as just an occasional sore back but gradually worsen over time.  Ultimately, you may end up unable to work and needing significant medical care and treatment, possibly even surgery.  (See our case report for a good example)

Another typical claim would be where someone develops carpal tunnel syndrome or elbow problems from repetitive activities involving the use of the hands and arms.  We have seen this type of injury in our clients who do repetitive gripping, grasping, twisting activities and gradually develop pain or soreness in the hands and arms.  (See another case report for this type of claim)

These are only two common examples.  We have also represented people who suffered gradually occurring injuries to knees, ankles, hips, shoulders and other body parts from physically demanding, repetitive jobs. . There are nearly as many examples of repetitive injury claims as there are types of jobs.

Are work comp benefits different for repetitive injuries?

No.  An injury is an injury, no matter whether it was specific or repetitive.  You are entitled to exactly the same wage loss, medical and vocational benefits under Minnesota work comp laws, no matter what type of injury you have.  The only real difference is that repetitive injuries can be more difficult to prove and easier for the insurance company to deny.

What we recommend

If you suspect that your work activities are causing, or aggravating, a medical condition which affects your ability to work, feel free to contact us for your absolutely free consultation.  Whether or not you have already given notice to your employer, we are happy to answer any questions you might have and give you our opinion about whether you might need a lawyer.  If you have given your employer notice of a potential injury claim and have had no response from the work comp insurance company in more than 30 days, that would also be a good time to contact us for more information about your options.  If your claim is denied, proving a repetitive injury claim can be tricky and requires the strong support of your treating doctor.

Workers’ compensation insurance companies  (like all insurance companies) don’t pay anything more then they absolutely have to.  If you don’t make a claim, they won’t even know about it.  If you give notice of a repetitive injury claim they may simply ignore it and hope that you go away– and a lot of injured people do.  A little bit of information can be very helpful to you in deciding whether to pursue a claim or hire a lawyer.  Contact us anytime and let us help.

Thanks  for visiting our blog and please spread the word that we are a good source of  work comp information for workers injured in northern Minnesota and anywhere on the Iron Range.

Bradt Law Offices Case Report: Gillette Injury and Back Surgery Accepted

Type of Case:   Workers’ Compensation

Legal Issue or Dispute:   Denial of claim for a work-related low back injury and surgery

Facts:   Our client worked for a mid-sized employer in northern Minnesota.  Her job involved assembly and the operation of various machines. She was on her feet throughout most of a work shift, standing on a concrete floor.  Her job duties involved a lot of bending, twisting and lifting, although she wasn’t lifting particularly heavy weights.  She developed the gradual onset of low back pain with her work activities and eventually started to have pain going down her leg.

The claim was completely denied by the employer and its workers’ compensation insurer, because she had never had a specific injury to her back while at work.  Our client was forced to undergo surgery and missed time from work.  Fortunately, she had medical insurance to pay for the surgery, but no coverage for wage loss.  We gathered her medical records, reviewed her medical history and filed a claim on her behalf.  Our claim was for a Gillette injury, which means that her daily work activities gradually led to the development of back problems and need for surgery. (These claims are  referred to as Gillette injuries,  in reference to a landmark 1960 Minnesota case, Gillette v. Harold, Inc,  which established that work injuries may occur as a result of   repetitive or cumulative minor trauma brought about by the performance of ordinary job duties.)

Result:   The case was settled at a settlement conference before trial.  The insurance company agreed to accept the claim and pay our client’s lost wages, medical mileage and outstanding medical bills.  The insurance company also agreed to reimburse the health insurance company and to pay all future claims related to her low back condition.  Best of all, our client was able to return to work at her regular job and at full wage within her work restrictions.

Contact Us Anytime with Questions about Your Claim

If your claim has been denied by the workers’ compensation insurance company, you should contact an experienced work comp lawyer right away.  Many people simply walk away from a work comp claim after they receive a denial letter.  The insurance companies know that many people will be intimidated by a denial and also afraid to contact an attorney.  If you walk away without a fight – they win.

Don’t ever be afraid to contact us if you have questions about a claim.  Your free consultation will never cost you anything and we will give you our honest assessment about whether you need a lawyer or whether we can help.

If you decide to hire us,  whether now or at some later time, there are no costs or expenses to you.  We don’t ask for any money up front and we only get paid if we win.  For more information about hiring us and how we get paid, please see this earlier post.

As always, thank you for visiting our blog and please tell your friends that we are a source of good work comp information for workers injured in northern Minnesota or anywhere on the Iron Range.