Many questions have come about in recent times regarding what qualifies for workers’ compensation in Minnesota. These questions have much to do with the increasing number of denied claims requiring appeals in order to be approved.
Fortunately, the right help can help resolve the stress that comes with applying for workers’ compensation. This assistance can help prove the extent of the injury and how it occurred, even if an employer is challenging its validity.
Injured workers are also finding that if their employer does not carry workers’ compensation insurance, they can bring a personal injury claim against the employer to reimburse them for their medical bills and other expenses.
But when it comes to workers’ compensation, there may be gray areas. For instance, a person can claim that their carpal tunnel is work-related, but they may do a lot of typing at home. There are also incidents when a person may claim that their car accident was work-related when they were driving to a destination for both work and personal reasons.
Nonetheless, physical, mental, and occupational diseases all qualify for workers’ compensation as long as they are the direct result of the job. All you have to do is prove the connection between the condition and work and, if there is no doubt that the job had a substantial contributing cause, then you can be approved for workers’ compensation.
What some claimants may not realize is that preexisting conditions can also be included. If you have a preexisting condition that was aggravated by your tasks at work, you may be able to file a claim. You do have to prove that the condition was aggravated by your duties. This is, perhaps, one of the most difficult areas to prove. There are some injuries that are in black and white, such as reinjuring your back due to lifting heavy objects.
Unfortunately, employers do not want to take responsibility. Areas that they don’t have to take responsibility include when an injury did not occur solely because of employment, any intentional injuries, mental stress not contributed to work, injuries that occurred when an employee was on the job and not performing job duties, and where the main cause is not due to work.
However, there can still be gray areas within the activities that do not qualify. For instance, an employee goofing off at work may be able to receive workers’ comp if their employer never told them that they couldn’t goof off at work.
Due to the confusion surrounding workers’ compensation, many who could file claims do not and those that could appeal do not. Speaking with a qualified attorney will help you determine whether or not filing a claim is possible in your case. Some who do not believe they can file are surprised to find out that they can.
Been injured at work? We’re here to help you, contact Harvey & Carpenter experienced Work Compensation Lawyers. Call us on: 507-779-7529 or email: [email protected] to schedule a FREE consultation.