You never anticipate getting hurt on the job, but the truth is accidents do happen and your employer may not always be on your side. An employer can accuse you of causing the accident that led to your injuries and even try to terminate your employment. Worst of all, they may not be willing to give you the compensation you deserve to help you get back to a life of normalcy.
The legal professionals at Harvey & Carpenter, Attorneys at Law define work related injury and why a lawyer is best qualified to get you the compensation you may be entitled to under Minnesota law.
What Is A Work Injury?
A work injury is an injury, illness, or fatality that occurs on the job or while you’re working for an employer. According to Workplace Injury Statistics, “Minnesota is above the national average for non-fatal work injuries.” This means injuries are occurring on the job in Minnesota at a rate higher than the set average for the United States. The U.S. Bureau of Labor Statistics reported,”2.8 million non-fatal injuries in the 2019.” Those numbers increased in 2020 and are expected to slightly increase for 2021.
What Causes Work Injuries To Occur?
There are a number of factors that can contribute to a work-related injury. The National Safety Council suggests, there are three primary factors that result in work related injuries including:
- over exertion/bodily reaction
- slip and falls
- contact with objects and equipment
Credit: National Safety Council
There are many other factors that can result in a work injury. For example, a trip without falling can result in an injury. If you or someone you love has been hurt on the job, it’s best to talk to a legal professional to determine your rights and the possibility of your employer being financially responsible for your medical cost, wage loss, and disability.
I’ve Been Hurt At Work! What Should I Do?
The most important step if you’ve been hurt on the job, is reporting it to your employer. If you fail to report your injury to your employer, it can have a serious impact on any claims you make for work-related injuries. Reporting your injury is the initial step towards filing a worker’s compensation claim. It’s important to talk to a legal professional if you need to file a worker’s compensation claim. In fact, waiting to long to report your injuries or failing to report all your injuries, can also have a devastating impact on your claim.
Next, you should immediately go see a doctor to be treated and to have your injuries documented. A doctor can determine if your injury is temporary or permanent. A licensed doctor will be able to document all your injuries and separate your work-related injuries from previous injuries.
The doctor’s assessment of your injuries will determine the amount of time it will take to recover and the nature of your injuries. However, an employer may ask the employee to see one of their own doctors (often called an Independent Medical Exam), but you should first consult with your attorney for advice.
What Is Workers’ Compensation? How Does It Apply To My Work Injury?
In Minnesota, worker’s compensation is a no-fault system that provides benefits to injured employees. Under worker’s compensation laws, has limited liability for injuries that occur while working. The employee’s claims are limited to what the workers compensation system allows. More importantly, an employee doesn’t need to prove negligence against their employer to prove liability.
A work-related injury eligible for worker’s compensation can be any injury that is caused, accelerated, or aggravated by their current work activities. The employee only needs to prove one of the above occurred due to their work-related activities. Those injuries could be physical or mental, but mental injuries are allowable is certain limited situations..
Worker’s Compensation Benefits
When you’re hurt on the job in Minnesota, worker’s compensation benefits can help the employee with their medical costs, lost wages, and future rehab expenses depending on the time it takes for them to recover from their injuries. Workers compensation benefits include:
- lost wages
- medical benefits
- vocational rehabilitation benefits
Can My Employer Terminate My Employment If I’m Hurt At Work?
In Minnesota, there are laws that protect employees from being fired for filing a worker’s compensation claim. An employer can be accused of retaliation under Minnesota workers compensation laws if they try to terminate an employee’s employment. Even as an at-will state, there are laws in place for Minnesota employees that will protect their job security.
However, worker’s compensation laws can be complex and require the help of an experienced legal professional. Your focus should be on getting well and back to work as soon as possible, not the complexity of your workers compensation claim. Talk to a local legal expert for more details about filing workers compensation for your work injury.
How Long Will It Take To Receive My Workers’ Compensation?
In Minnesota, worker’s compensation starts the first day of your lost and last three calendar days. Wages are not paid during the waiting period unless the injuries last ten calendar days or longer. For temporary total or temporary partial disability, no payout is allowed the three calendar days after the disability commenced, except by provided by section 176.135 and in no other case unless the employer has actual knowledge of the injury.
Why Clients Trust Harvey & Carpenter, Attorneys At Law For Their Work Injury Claims
At Harvey & Carpenter, Attorneys at Law, we’re well versed with Minnesota work injuries and how it can impact your life. With over 50+ years experience, we can get you the compensation you deserve when you’ve been hurt at work. In fact, our team of experts deal exclusively with worker’s compensation and Social Security benefits.
Visit our website to read more on one of our success stories. We encourage you to arrange your FREE consultation to discuss the work injury of yourself or someone you love today! You’re invited to contact us at Harvey & Carpenter, Attorneys at Law for more details.