Mankaot Workers’ Compensation Lawyers
Any kind of disability is not something you think about happening to you. But, unfortunately, it does happen. What makes it more confusing are the variables concerning permanent partial disability. The state you live in, the percentage of disability, the doctor, the insurance company all play into what compensation will be paid. In Minnesota, there are laws written concerning how much you should get for your permanent disability, but doctors and insurance companies do not always follow or interpret the laws in the same way.
What is Permanent Partial Disability (PPD)?
It is a disability that you will not recover from but does not entirely keep you from working. Often the worker has to take a job with fewer demands on the body, and often with lesser pay. For injuries that have occurred since July 1, 1993, the compensation is based on a percentage system of the disability of the body. Total disability would be 100%, but parts of the body are assigned percentages for how much disability it is considered to be. For example, the loss of vision in both eyes is considered to be 85% and the loss of vision in one eye is 24%. There are many other examples in the table of the Department of Labor and Industry Minnesota Administrative Rules. Also, there can be more than one part of the body that is affected, thus resulting in multiple compensation percentages.
It would be easy to calculate if there were not variables of doctors and or factual issues. Is the doctor’s rating the correct rating? Sometimes doctors do not assign a rating. Different doctors may come up with different ratings for the same person. The workman’s compensation insurer may impact you receive compensation for your disability. Most insurance companies will try to pay the least amount possible.
What Are Basic Benefits Based On?
According to the basic adjuster’s training guide by the Minnesota Department of Labor, the basic benefits paid are based on:
- Wage loss is based on your average pay for 26 weeks prior to the injury.
- Compensation for the loss of use of a part of the body is based on the Department of Labor chart.
- Medical benefits are based on actual costs including travel.
- Vocational rehabilitation services are included in compensation and determined on an “as-needed basis”.
Within those basic benefits, things such as mileage to appointments and other expenses will be included if you have an attorney knowledgeable in getting you the maximum benefits you deserve.
A table of the benefits according to the percentage is given in the Minnesota government statues. An example, which is given in the table is when the impairment level is 30.5 but under 35.5 percent, the dollar amount given is $115,500. The percentage is then multiplied by the given dollar amount to determine the compensation. In some cases, the permanent partial disabled person can get a lump sum. The higher the rating the larger the number the percentage is calculated with.
If a worker tries to claim what is due to him, he usually misses some valuable benefits.
What is the Process?
PPD benefits are not payable, generally, until the employee has reached Maximum Medical Improvement (MMI). This is when no significant medical improvement is anticipated in the case.
Consequences of an Injury
The scope of consequences because of an injury, encompasses much more than the injury itself. Emotional anguish, pain, and suffering, changes in physical ability, and financial loss will all affect the worker, as well as the well-being of the family. An injury could result in a lifetime of adjusting for the injury. The benefits of workman’s compensation can help to put the worker’s and families’ lives back together, however, the work comp system never pays an amount equal to the total loss suffered by the Employee. Many times there are a lot of hurdles to overcome, and often the claim is denied, just when you and your family need them the most.
How Harvey and Carpenter Attorneys at Law Can Help You
The law firm of Harvey and Carpenter based in Mankato, Minnesota focuses its practice in the area of Workman’s Compensation law. In fact, Social Security and Workman’s Compensation is the total scope of the work of their practice. Ruth M. Harvey and J. Chris Carpenter have over 50 years of combined experience. We deal in this complicated area of law that has its own system of judges and hearings. The familiarity with the personnel and system in Southern Minnesota will assure you that you will know what all of your legal options are in this system of the law. From the first phone call, we are invested in what your needs are, and what we can do for you. We work as quickly and thoroughly as possible to get the best outcome for you.
Are You Ready to Get the Help You Need?
Maybe you have been trying for a while to get your just compensation, or maybe you realize how complicated it may be and have decided to seek assistance from the very beginning. Whatever the case may be, you need experienced attorneys on your side.
We are ready to help you. Just contact us, and your Mankato based Southern Minnesota Law Firm of Harvey and Carpenter will be eager to assist you. Worried about the cost? The consultation is always free of charge. We want to understand the scope of your case and your needs so we can get the optimal results for you.