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The objective of a Qualified Rehabilitation Consultant (QRC) is to help injured workers return to suitable gainful employment. QRCs accomplish that by communicating with doctors and employers about restrictions, helping with job searches, and arranging retraining. That process is called vocational rehabilitation. Employees have the right to choose their own QRC. Employees also have the right to have an attorney in any dispute about vocational rehabilitation. Why Would an Injured Worker Need a QRC? Injured workers can face multiple barriers to their return to work. To name a few common ones ..read more

Mental illness is a prevalent problem in the United States. A 2005 study published in the Archives of General Psychiatry estimated that about half of Americans will meet the criteria for a DSM-IV disorder sometime in their life. Stressful working conditions are often part of the problem. Unfortunately, the availability and adoption of mental health treatment remain problematic. According to the CDC, only 57% of employees who report moderate depression and 40% of those who report severe depression receive treatment to control depression symptoms. There have been some federal regulations that ha ..read more

Minnesota workers compensation laws limit fees for attorneys that represent injured workers. Workers compensation attorneys do not charge for the initial consultation. They do not charge an upfront payment. Minnesota workers comp attorneys work on a contingent fee. They only charge a fee if they recover benefits for the employee. The law limits attorney fees to 20% of benefits recovered. Monitoring Admitted Claims Injured workers often retain an attorney before the insurer denies any benefits. The attorney will then “monitor” the workers comp case. If the insurance company voluntarily pays the ..read more

Does workers compensation cover independent contractors? Not likely.[1] But as usual, the devil is in the details. In Minnesota, a great many workers that are characterized as "independent contractors" are in fact employees. For someone paid under a 1099 that has been injured on the job, another good question would be: “How do I know whether I am an independent contractor, or an employee covered by workers compensation?” General Rule An independent contractor is generally someone who is running a business that serves multiple customers with special expertise or skill that the customers don’t h ..read more

This video explains the meaning of a Notice of Intention to Discontinue Workers' Compensation Benefits, and addresses how and when it can be disputed. This video is general and is relevant only in Minnesota. For a specific analysis of your Notice of Intention to Discontinue with no cost or obligation, please fill out the Contact Form at: https://www.mnlawsmith.com/free-consultation ..read more

If an employee is unable to work due to a work-related injury, the employee is entitled to wage replacement benefits (or “temporary total disability benefits”). At most, an employee can collect temporary total disability benefits for 130 weeks.[1] However, insurers usually try to stop paying benefits earlier. Once a workers’ compensation insurer has begun paying temporary total disability benefits, it must claim that it has an allowed reason to stop paying.[2] Common reasons that insurers use to stop paying temporary total disability benefits are listed below.[3]       ..read more

Resources RSS Most Minnesota employers are required to maintain insurance coverage that provides benefits to employees that get hurt on the job. The purpose of this article is to explain what qualifies as being hurt on the job such that workers’ compensation benefits are payable. A medical condition qualifies for workers’ compensation benefits if it “aris[es] out of and in the course of employment.”[1] In other words, a medical condition that was caused by the work environment during work hours qualifies for workers’ compensation benefits. Multiple Causes: A medical condition that has multiple ..read more