How Long Does a Minnesota Work Comp Claim Stay Open?

A few times each year I get calls from people with questions about an old Minnesota work comp claim. Most often, they have either had some type of flareup or progressively worsening symptoms from a work injury which had occurred several years in the past. The questions usually relate to whether the insurance company is still responsible to pay medical bills or other benefits.

There is no simple answer to this type of question but there are some general guidelines which might be helpful. The facts of each case are always different and whether your claim is still “open” will depend on some of these factors:

Was the Original Injury Reported to the Employer and Accepted by the Work Comp Insurer?  This is the starting point for determining whether the claim is still open or whether any ongoing benefits are available. When a work injury claim is reported to your employer’s work comp insurer, the insurer will decide whether to accept or deny the claim. Soon after reporting the injury you should receive a form from the insurance company entitled Notice of Insurer’s Primary Liability Determination. The form will tell you if the claim is accepted or denied and should also provide the basis for any denial.

If the claim is accepted, you may be eligible for various types of benefits under the work comp system, including wage loss, medical benefits and vocational rehabilitation services. The insurer can still fight with you or deny various types of benefits for any number of reasons, but if the claim is accepted a major battle is eliminated right at the beginning of your claim.

If the claim is denied by the insurer, you must formally file a Claim Petition with the Department of Labor and Industry-Workers’ Compensation Division before the statute of limitation (deadline) expires, or the claim is barred forever. If you have had a claim denied by a work comp insurer my recommendation would be to contact an experienced work comp attorney immediately to see what statute of limitation or deadline might apply to your case. If you wait too long, you will lose all workers’ compensation rights related to the injury.

Assuming that your claim has been accepted by the work comp insurer, these are some of the other issues which help determine whether you have any remaining benefits available:

Did You Make a Settlement?  Many work comp claims in Minnesota ultimately result in a settlement of some type. If you reached a settlement in your case, with or without an attorney, the settlement terms will generally be set forth in a document called a “Stipulation for Settlement” which is signed by the parties and approved by a workers’ compensation judge. A settlement can resolve some, or all claims related to an injury.

Frequently, a settlement will close out all future claims in exchange for a lump sum payment, but will leave open future medical expenses related to your injury. In other cases, a settlement closes all future claims, including future medical. Under the terms of that type of settlement you would not have any remaining benefits available to you from the original work injury. (For more information, see Types of Settlements in Minnesota Workers’ Compensation Claims)

Have You Been to a Hearing Before a Work Comp Judge?  If there were disputed issues in your case you may have ended up at a work comp hearing where the issues were decided by a judge. The judge’s decision may affect what benefits are available to you in the future. If you were represented by an attorney, he or she should be able to explain what potential benefits remain available to you.

How Long Ago Was Your Injury?  There have been significant changes to Minnesota’s work comp laws over the past 30 + years, particularly in 1984, 1992 and 1995. As a general rule, the law in effect on the date of your injury will control what benefits are available to you. Over the years, there have been limits or caps imposed on wage loss, medical and vocational rehabilitation, so the date of your injury is a very important factor to consider when evaluating what benefits may be available on your claim.

Were You Ever Given a Permanent Partial Disability (PPD) rating?  A PPD rating is usually given by your surgeon or treating physician upon completion of your treatment or recovery from your injury. If you qualify for a rating under the disability schedules, the doctor provides the applicable percentage (%) rating from the schedules and you are entitled to be compensated by the insurer based upon that percentage. Not every injury results in a ratable disability but if you had surgery or have permanent restrictions or symptoms, you may qualify. This benefit is often overlooked and not paid, particularly if the injured worker did not have an attorney providing guidance. (For more information on this subject, please check out our previous post explaining Permanent Partial Disability Ratings)

Have you had a new injury or aggravation? Let’s say you had a back injury in 1998 which was accepted by the work comp insurer and you received wage loss and medical benefits following the injury. Assuming you went back to work at some point and are now having low back problems again, the original insurer is not likely to resume payment of medical or other benefits without some updated information from you, such as:

-Do your current problems involve the same part of your back that was injured in 1998?

-Have you had any new back injuries since 1998 (work injuries, car accidents, slip and falls, etc)?

-Have your work activities since 1998 aggravated or accelerated your back problems?  (if so, you might have a new work comp claim  against your current employer. For more information about a gradual, repetitive injury claim see our previous article here)

-Have you been getting regular medical care over the years for your back and do the medical records support your claim that the problems are related to the 1998 injury?

There are many other factors which may affect whether you have any claims remaining from an old work comp injury. These are just a few of the considerations that might come into play. If you have questions about an old injury claim and were represented by an attorney, you should start by contacting the attorney’s office to see if they still have your file or could provide you with documents or information. If that’s not an option or if you did not have an attorney, we would be happy to offer a free consultation to answer your questions and provide whatever guidance that we can. Some helpful information for you to gather before any consultation would be the date of injury, name of the work comp insurer and copies of any settlements or other legal decisions relating to your claim.

Thank you for visiting our blog. At Bradt Law Offices, we have been providing assistance to injured workers all across northern Minnesota and the Iron Range for more than 33 years. If you found this information helpful, please spread the word that we are a good source of work comp information and assistance for workers injured in northern Minnesota and anywhere on the Iron Range.

Can the Insurance Company Refuse to Pay Medical Bills after a Minnesota Workers’ Compensation Settlement?

This is a question I frequently hear not only from clients but also from people who have settled a claim, with or without a lawyer, at sometime in the past. In fact, sometimes many years have gone by since the settlement before this issue arises and I receive a phone call. The question is usually something along these lines:

“I settled my work comp case but medical was left open, now the insurance company won’t pay for a doctor visit (or an MRI, surgery, etc. ) – how can they do this?”

This can be a very confusing issue after the settlement of a work comp claim, whether or not you were represented by an attorney. It would seem, from a common sense standpoint, that if future medical coverage was supposedly “left open” for your work injury, then the insurance company should have to pay any future medical bills. However, it’s not quite that simple, for several reasons:

1. The work comp insurance company always has the right to challenge whether medical treatment is reasonable, necessary and related to the work injury.  Regardless of whether an injury claim is accepted, decided in your favor by a judge or settled, the insurance company is not obligated to pay every medical bill without question. The burden of proof remains on the injured employee in a Minnesota work comp case, which means that you have to prove that any disputed medical treatment is reasonable, necessary, and related to the work injury.

This typically requires some medical support for your claim, either in the form of medical records which clearly explain the situation or in the form of a medical report from a treating physician which addresses the disputed issues and supports your position. For this reason, it is very important to have a doctor who not only understands the work comp system but is also willing to support you, if necessary, with a letter or medical report. (For more information about selecting a doctor in a work comp case, see our previous blog post here).

2. Months or even years have passed without treatment for your injuries. If you haven’t treated for your work injury in a long time, the insurance company will not have any up-to-date information regarding your claim and they will want to make sure that the medical care is still related to the work injury. Sometimes, all the insurance company needs is updated medical records which will demonstrate that your physicians are still relating your treatment to the original work injury. If the medical records do not clearly make that connection, it may be necessary to get a letter or report from your doctor. In any event, the insurance company is entitled to get updated information before deciding whether to pay a medical bill or authorize treatment.

3. You have been back to work for a different employer since the settlement. The insurance company will likely want to make sure that you haven’t had a new injury or that your new job has not aggravated the injury that was covered by your previous settlement. Again, particularly in a case where you haven’t made any medical claims for some period of time, the insurance company will need updated information before making a decision on any medical bills. In fact, if you have returned to work in a different job and your symptoms have increased or worsened, you may very well have a new work comp claim against your new employer for a permanent or substantial aggravation of your underlying medical condition.

4. Your current problems were not specifically addressed in the settlement agreement.  Let’s assume that the original injury and settlement involved your left shoulder and you are now having problems with your left elbow. Your doctor suspects that the elbow problems may be coming from the shoulder or are somehow related to the shoulder injury. The language in the settlement papers describing what injuries were covered will be very important. In this type of case, it may come down to arguing about whether the elbow problems are related to the shoulder or whether they represent a new, unrelated problem. These types of issues arise frequently and are normally going to be the subject of litigation.

5. The medical treatment being denied was closed out under the terms of the settlement.  The settlement papers you signed (a Stipulation for Settlement) described the injuries and claims you were making, the claims or defenses of the insurance company and the terms of the settlement. In many cases, even where future medical remains open, there is an agreement to close out certain, limited future medical treatment such as acupuncture/acupressure, massage therapy, health club memberships, psychiatric/psychological treatment, etc. This means that the insurance company is no longer responsible for any of those types of treatment even if they are related to your original injury.

Also, medical treatment for specific body parts may have been closed out by the terms of the settlement if there were disputes over the nature and extent of your original injuries. For example, you may have originally claimed an injury to your neck and low back but the terms of the settlement may have only left open future medical treatment for your neck, closing out any low back medical claims.

What you can do to help avoid disputes over  future medical coverage after a settlement:

-Understand exactly what body parts and what type of medical coverage remains open and what was closed out by the terms of the settlement;

-Keep a copy of your settlement papers for reference;

-Make sure any and all medical treatment for your injuries after a settlement is billed to the work comp insurer, not to your health insurance. This helps ensure that the work comp insurance company remains aware of your ongoing medical issues if something serious for expensive arises such as surgery or the need for an MRI;

-Make sure to always tell your physician that the condition you are treating for is related to a work injury and give as many details as you can, such as the date of the injury and what body parts were injured, so there is a paper trail of any ongoing medical care or treatment from your work injury.

These are just some of the potential medical scenarios which might arise after a settlement and some of the things you can do to lessen the likelihood of more litigation on your claim. It probably goes without saying that you should not settle a work comp claim without first speaking with an experienced work comp attorney.

If you have been injured on the job and have questions about the Minnesota work comp system, please don’t hesitate to give us a call. You can contact us, anytime, with questions about your case or to arrange an absolutely free consultation. It won’t cost you anything and we will always give you our honest assessment about whether you need a lawyer to represent you.

Remember, you are dealing with an insurance company which handles hundreds or thousands of claims every day. They have experienced claims adjusters and attorneys managing their files. Even if you don’t need a lawyer at the moment, a little information about the work comp system can make a big difference for you in your dealings with the insurance company. At Bradt Law Offices, we have been providing assistance to injured workers all across northern Minnesota and the Iron Range for more than 33 years.

As always, thank you for visiting our blog and please spread the word that we are a good source of work comp information and assistance for workers injured in northern Minnesota and anywhere on the Iron Range

What Is the Difference Between a Settlement Conference and Mediation in a Minnesota Work Comp Case?

Over the past several years we have seen the increasing use of mediation to settle work comp cases in Minnesota. If you have a work comp claim, you may wonder why a settlement conference was scheduled on your case but a mediation has then been proposed or scheduled. What’s the difference, and is one better than the other?

Settlement Conferences

Settlement conferences are automatically scheduled by the workers’ compensation Office of Administrative Hearings after a claim is filed.

In every work comp case where a Claim Petition is filed, a settlement conference is automatically scheduled for approximately 6 months later. Depending upon where you live, these conferences may be scheduled by telephone or may take place in person with a work comp settlement judge in St. Paul. A settlement conferences is an informal opportunity for the parties to attempt to settle any disputed issues and sometimes the entire claim.

Settlement conferences are scheduled to last one hour and a work comp judge presides over the conference to help the parties reach a settlement. It is not a trial and the judge does not have any authority to order the parties to agree to any particular terms, nor does the judge have authority to make any decisions about the disputed issues. If the claim does not settle, it will be put on the trial calendar for a hearing a few months later with a different judge.

Frequently, settlement conferences are either postponed or canceled altogether. A conference may be postponed because it is too early in the case to discuss settlement, possibly because of pending surgeries or ongoing medical care which needs to be completed. In other cases, the parties may agree that there is no possibility of settlement and ask that the case be put on the trial calendar for hearing. This may occur in cases where the insurance company has denied liability for the claim or where there is a dispute over a proposed surgery or medical procedure. In these types of cases, there may be no room for compromise and the disputed issues need to be decided by a judge.

If a case is settled at a conference, the defense attorney will prepare a Stipulation for Settlement, which sets forth the terms of the agreement. All necessary parties must sign the Stipulation and it is then submitted to a compensation judge for approval before the insurance company makes payment.

Mediation

A mediation is also a method to get the case settled but it is more formal and involved than a simple one hour settlement conference. Typically, the parties agree to mediate cases that are more complicated or have more value. The parties will choose a mutually agreeable mediator who is experienced in Minnesota workers’ compensation matters. The mediation may take place at the mediator’s office, at one of the attorneys’ office or at a neutral site depending upon the availability of conference rooms and where all the parties live or work.

Prior to the mediation, the employee or her attorney will submit a detailed case evaluation and settlement proposal to the insurance company. Both parties will also submit confidential background information to the mediator before the mediation so the mediator understands the issues, the claim values and the relative position of each party.

Once the mediation begins, the parties will usually be in separate conference rooms and the mediator will visit back and forth between the rooms with settlement offers and counter offers. The process may take part or all of the day until the parties either come to an agreement or determine that they cannot agree on a settlement amount or terms. Most mediations will probably be completed in 2-4 hours.

If no settlement is reached the case simply continues toward a hearing on the disputed issues and all discussions, offers or counter offers remain confidential and cannot be discussed or used at any later hearings. Essentially, there is no risk in pursuing a mediation and it is often a good way to find out how each party is valuing the case, even if a settlement is not reached. If nothing else, you will find out what the insurance company is willing to pay to settle your claim at that time. The value of any claim might increase or decrease after the mediation, depending upon medical, employment or other factors.

If a settlement is reached at the mediation, the process is the same as for any other work comp settlement. A Stipulation for Settlement is prepared, signed by the parties and submitted to a work comp judge for approval.

Do I Need an Attorney for a Mediation or Settlement Conference?

Technically, any employee may represent himself in a work comp claim at a settlement conference, mediation or even at a trial. However, keep in mind that the insurance company has experienced claims adjusters and attorneys looking out for their interests. Also, the insurance company’s interests are not the same as yours, so it is not reasonable to expect that they will voluntarily pay you a fair settlement if you are not represented by an experienced attorney.

In any type of work comp case, particularly where there are discussions about settlement or disputed issues, it is a good idea to consult with an experienced attorney to make sure you understand your rights and are being treated fairly by the insurance company.

If you have been injured on the job and have questions about the Minnesota work comp system, please don’t hesitate to give us a call. You can contact us anytime, with questions about your case or to arrange an absolutely free consultation. It won’t cost you anything and we will always give you our honest assessment about whether you need a lawyer to represent you. If you have questions or concerns about the cost of hiring an attorney, you can check out this previous post- How much does it cost to hire a workers’ compensation lawyer in Minnesota?

At Bradt Law Offices, we have been providing assistance to injured workers all across northern Minnesota and the Iron Range for more than 30 years.

As always, thank you 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 or anywhere on the Iron Range.

Avoiding Problems in Your Minnesota Work Comp Case

In my experience, the majority of Minnesota work comp claims “fly under the radar”, meaning there are no lawyers involved, no major disputes, no conferences or trials with the work comp judges, no settlements, etc. Claims involving minor injuries with fast recoveries typically are opened and closed relatively quickly without any involvement in the legal system. The goal of the work comp system is to quickly and efficiently compensate an injured worker for his or her injuries, pay the medical bills and return the injured worker to work as soon as possible. When that happens, everyone wins and the system works.

Unfortunately, not all work injury claims are that simple. When a case becomes complicated or problems arise, that’s when our office typically receives a call from an injured worker with questions or concerns. Sometimes we can simply provide information or answer some basic questions about the work comp system. In other cases, we are hired to represent the injured worker in a disputed claim with the insurance company.

There are some basic things that you can do when you have been hurt at work to avoid problems or disputes with the insurance company. Please keep in mind that these are generalizations and certainly don’t apply to every case. Each and every work comp claim is different, depending upon the employer, the insurer, the injured worker, the average weekly wage, the nature and extent of the injuries and a host of other potential factors . However, a few simple pointers can help make the claim proceed more smoothly in many cases.

1. Report the Injury Promptly and Accurately.

One of the most important things you can do if you suffer a work injury is to report the injury promptly to your employer or a supervisor. There are time limits for giving notice and if you wait too long your claim may be lost forever. Most employers will have a form to fill out but it is most important that you simply notify the employer of the work injury as soon as it happens. If you have an injury or health problem that was not caused by a specific incident but you believe it was caused by your work activities, you still need to give your employer notice that you believe you have a work related injury. (For more information, please see our previous post regarding repetitive injuries)

Accuracy in reporting the injury is also important. If you suffer an injury and are having symptoms in your neck, back, elbow, knee and wrist, make sure to list each and every body part on any notice of injury or injury report. If you develop symptoms in a new body part after the injury, promptly give notice to your employer that you are also claiming an injury to the new body part.

2. Promptly Seek Medical Attention for a Work Injury or a Work Related Medical Condition.

If you are like most people, you probably don’t visit the doctor any more often than is absolutely necessary. However, it is important to your claim that your injury or medical condition is documented early and accurately. If the claim is denied, you will need to prove your case and the best way to do so is to have medical records documenting that you reported the injury or condition to your doctor right away.

It’s also important that you make sure your doctor understands each and every injury or condition you are claiming and how they relate to your work injury or activities. The initial medical records are often crucial in disputed work comp claims and can make or break your case.

3. Keep Your Doctor Up-to-date on Your Symptoms and Work Activities.

If you continue to work with restrictions after the injury, make sure to let the doctor know if the job is aggravating your injury or if you are unable to perform your job duties. Your doctor can modify restrictions or the issue can be addressed with the employer and insurer early on in the process before it becomes a bigger problem.

4. Follow Your Doctor’s Advice.

If your treating doctor recommends physical therapy or other types of treatment, follow through with those recommendations. This is not only a good idea if you want to recover from the injury but it will also help keep your doctor supportive of you and your claim. At some point, a dispute may arise and you or your lawyer may need to ask the doctor for a medical report. The doctor is much more likely to be helpful if you have been compliant with his or her treatment recommendations.

5. Don’t Quit Your Job or Refuse a Job Offer Without Consulting a Lawyer.

If you become frustrated or angry with the employer or the work comp insurance company, you may decide to simply quit the job and walk away. This can have a significant impact on your entitlement to work comp benefits now and in the future. Before you do anything rash, contact an attorney to get some information about your rights as an injured worker. If you quit the job and then contact an attorney, it may be too late for the attorney to help you.

6. Be Aware of Surveillance.

In many cases, if the insurance company suspects that you are exaggerating your symptoms or being less than honest about your claim, they may hire an investigator to perform surveillance. This typically involves someone following you around and taking pictures or video of you performing daily activities at home or in your community. Video evidence which shows you performing activities outside of your doctor’s restrictions can be very damaging and may jeopardize your entire claim. If you have work restrictions, to be safe you should always assume that someone is watching you away from work and you should keep those restrictions in mind at all times.

Conclusion

These are just a few suggestions to keep in mind if you have been injured at work. Keep in mind that the work comp insurance company has experienced claim adjusters and attorneys looking out for their interests. They are not looking out for you, they are looking out for the insurance company’s bottom line. If you have any questions or concerns about a work injury claim, it’s always a good idea to consult with an experienced work comp attorney to learn about your rights. At Bradt Law Offices, we provide a free consultation on all Minnesota work comp claims. We have been helping your friends and neighbors with work comp claims throughout all of northern Minnesota for more than 30 years. Please don’t hesitate to call or contact us at any time with questions or if you need help.

Thank you for visiting our blog.

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.

Are Work Restrictions Important in a Minnesota Work Comp Case?

The simple answer to this question is: Heck Yes!!

As you progress through a typical work comp claim in Minnesota, you will likely be given work restrictions by your treating physician.  You may be off work completely for some period of time or you might be able to continue working within  restrictions.  At some point, your treating physician might release you back to work with “no restrictions”, thinking that he is doing you a favor.  Unless your injury was very mild and temporary, a release to work with no restrictions can create many problems for you.

What Are Work Restrictions and Why Are They Important?

Following a work injury, it is often necessary for your physician to give you restrictions, in order to allow you to continue working without further injuring yourself.  While this sounds like simple common sense, it can be a confusing issue for someone who’s never been through the work comp system.  Also, many doctors are not familiar with the work comp system or prefer not to get involved, so this can also create problems.

An example of a very simple restriction might be “no lifting more than 50 pounds”.  Maybe you sprained your back or have a sore shoulder but don’t require surgery and just need a little time to heal.  If you have a job that is not too physically demanding, you might be able to continue working with the restriction until you are fully healed.

On the other hand, if your injury is more severe, your physician may need to limit how much you can lift, how many hours a day you can work, or how much bending, twisting and turning you can do.  Other injuries might require restrictions on the use of your arms, hands or knees. You might be limited to no use of ladders, no working at heights, no use of power tools, no exposure to dust or fumes……….. the list of possible work restrictions is almost endless, depending entirely upon the nature and extent of your injury.

Why Are They Important?

Again, the common sense answer is that they are important to prevent you from aggravating your injury or re-injuring yourself as you recover. The goal of the work comp system is to return you to work at your date of injury job without wage loss.  That can’t  happen if your job duties make your injury worse.

However, the other reason why work restrictions are important is that they provide you with the ability to recover wage loss benefits under the work comp system in Minnesota.  Without restrictions related to your work injury, you do not have a claim for wage loss benefits.  The restrictions do not have to be significant, but you need some restrictions related to the work injury or the insurance company will not have to pay you a wage loss benefit.

So, if your physician releases you back to work with no restrictions and you are then laid off or the employer does not have a job for you, you don’t receive wage loss benefits.  I know this sounds crazy and unfair, because you are clearly out of work as the result of a work injury.  However, no restrictions = no wage loss.

How Significant Do the Restrictions Need to Be in Order to Get Wage Loss Benefits?

The restrictions do not have to be significant at all.  For example, if you had a minor low back injury and you are now limited to lifting no more than 75 pounds, this would be a restriction.  Your actual job might never require you to lift anywhere near 75 pounds, so you would be perfectly capable of performing all your job duties within those restrictions.  However, if the job ends or you are laid off for some reason, that 75 pound lifting restriction might allow you to claim wage loss benefits from work comp while you search for another job – or, if you find a job that pays you less than you were earning when you were injured.

What If the Insurance Company’s IME Doctor Says I Have No Restrictions?

This is very common.  The insurance company may send you for an Independent Medical Examination (an IME) in order to get opinions they can use to cut off your benefits.  The report from the IME doctor may say that you are capable of working full time without any restrictions.  The insurance company may then attempt to discontinue your wage loss benefits and refuse to pay for any future vocational rehabilitation or medical treatment.  At that point, it is very important to have a supportive treating physician who will write a letter for you or your lawyer, explaining that you still have some work restrictions which are related to your injury.  The dispute would then be decided by a work comp judge at a hearing.

What If My Employer Won’t Take Me Back to Work Unless I Have No Restrictions?

Unfortunately, some employers have a “no light duty” policy and will not take you back unless you are released to full duty with no restrictions. This obviously can put you in a very difficult situation, particularly if you have a good job with benefits and  the usual monthly financial obligations which most working people have.  Under those circumstances, I have had many clients over the years feel that they were in an impossible situation.  They felt as if they had no alternative but to ask their doctor for a release to work with no restrictions.  Usually, they then returned to work and suffered at their job, often making the underlying injury worse or aggravating their symptoms.

To make matters worse, a work comp judge in Minnesota has no jurisdiction or authority to order an employer to create a light duty job or take you back to work with restrictions.  In that situation, the employer holds all the cards and the employee has few options.

What If I Have Permanent Work Restrictions and My Employer Can’t Take Me Back?

If you have permanent restrictions from a work injury which has been accepted by the work comp insurance company, you may be eligible for a variety of work comp benefits. These would include wage loss benefits, compensation for permanent impairment, vocational rehabilitation services or even vocational retraining.  For more information on the various types of benefits which might be available to you, please see some of our previous blog posts:

What Is Permanent Total Disability in Minnesota Work Comp?
Retraining in a Minnesota Workers’ Compensation Case
How Long Do Work Comp Wage Loss Benefits Last in Minnesota?
How Much Is a Permanent Partial Disability Rating Worth in a Minnesota Work Comp Claim?

Our Recommendation

If you have any questions or concerns about the issue of work restrictions, we are happy to answer your questions at any time with a completely free, no obligation consultation.  We will meet with you in our office, in your home or on the phone to help you understand the work comp system and your rights.

Always be sure to let your doctor know about any difficulties you are having following an injury.  While it is important to be able to return to work, your doctor should understand what your job duties are and how they might affect your injury and recovery.  Simple, common sense restrictions from your doctor will protect you from re-injury on the job, but will also provide you with protection if you can’t work and need to claim wage loss benefits.

We hope that you have found this information helpful.  Please don’t hesitate to contact us if we can be of assistance or answer any questions for you.  Attorney Steve Bradt has been representing injured workers all across northeastern Minnesota and the Iron Range for nearly 30 years.  If you’ve been injured, we can help.

Thank you for visiting our blog.