Getting hurt on the job can be a major event in a person’s life. After all, not only will they be forced to deal with the physical effects of their injuries, they will also need to deal with the financial consequences of not being able to work. It is these financial consequences that inspired the workers compensation program in the first place. Since it is believed to be unfair for a person to suffer financial consequences as a result of doing their job, employers are required to compensate injured workers through the workers compensation program. In some cases, a worker may be unlawfully denied these benefits and be required to hire a Minnesota workers compensation attorney to help them get the benefits that they deserve. If ever you find yourself in this situation, there are three things that you should know prior to hiring a workers compensation attorney in Minnesota.
1. Your employer can retaliate against you for filing a workers comp claim, or for hiring a workers compensation attorney in Minnesota.
If you are worried that filing for workers compensation benefits or hiring an attorney to represent you in that claim will result in retaliation by your employer, you should know that the law protects you from this type of retaliation. At no time can you be demoted or fired for choosing to exercise your right to file for workers compensation benefits. If you feel that you have been unlawfully terminated or demoted due to your choice to pursue benefits, you should make your attorney aware of this information right away. In addition to your workers compensation claim, any retaliation on behalf of your employer could result in a secondary lawsuit for wrongful termination.
2. The law provides you a small grace period for reporting any injuries which occur at work.
The most common reason stated for denying a workers compensation claim is that the employee did not report the injury right away, and therefore they can not verify that the injury occurred on the job. While the fact that you did not report your injury when it happened can make it more difficult to prove where the injury occurred, this does not mean that you are not still entitled to benefits. The law recognizes that not all injuries will manifest right away, and that there can be some reasonable delays in reporting an accident to an employer. It is important to understand that this does not mean you can wait months to report an accident to your employer. In most cases, this grace period will allow you one week from the time the accident occurred to report it to your employer without being penalized.
3. Your employer may need to pay for your Minnesota workers compensation attorney.
If your employer has denied your claim for workers compensation benefits based upon an unlawful act, your employer may be responsible for paying the legal fees associated with pursuing your workers comp benefits. For instance, if your employer chooses to deny your workers compensation claim simply because you received treatment from a physician that is not approved for their workers compensation program, this is considered an unlawful denial. While employers would like you to believe that you can only be treated by their approved physicians, the fact is that workers compensation laws allow you the right to visit your own physician in order to receive care for your injuries. In this case, the employer would not only be responsible for paying the required workers compensation benefits, they would also be responsible for covering the cost of your legal fees. If you feel that you have been unlawfully denied your workers compensation benefits, be sure to ask your attorney about adding legal fees to your claim.
