Minnesota Workers Compensation Lawyer

HURT AT WORK? WE CAN HELP.

Minnesota Workers' Compensation Attorneys

Meshbesher & Spence is committed to protecting the rights of injured workers under the Minnesota Workers’ Compensation Act. Our attorneys can help you access any wages you may have lost and fight to ensure you receive the medical, rehabilitation, and retraining benefits to which you are entitled so that you can focus on the healing process.

Why Work with an Experienced Attorney?

Employers are not always forthcoming about the legal rights of their workers. For this reason, our lawyers work diligently to ensure no detail is left unexplored.
Having an attorney by your side can provide you with peace of mind, knowing that someone is fighting for your best interests.

Defending You When It Matters Most

When a work crisis hits you hard, you deserve a trusted Minnesota workers’ compensation attorney who puts you first. We represent injured workers across the state of Minnesota. Our clients come to us from all professions after a work injury, including:

First responders
Nurses
Other healthcare providers
Truck drivers
Construction laborers
Flight attendants
Airline workers
Teachers
Manufacturing workers
Hospitality employees

Serving Minnesota's First Responders

Our law firm is dedicated to representing all injured Minnesota workers, and we are especially proud to fight for those who serve our communities daily. Relying on our years of experience and past successes, we know how to assist first responders in navigating the complex and, at times, fraught process that follows an in-the-line-of-duty injury.

First responders are at serious risk of developing physical and post-traumatic stress disorder (PTSD) injuries during their duties because of the dangerous nature of their jobs. The workers’ compensation and PERA disability attorneys at Meshbesher & Spence understand the complexity of these claims and will work with you to ensure that your benefits from all sources are maximized.

We have represented hundreds of first responders injured in the line of duty, including:

Police officers
State troopers
Firefighters
Paramedics
EMTs
Dispatchers
Corrections officers

Injured Workers Deserve Fair Compensation. We Help You Get It.

Our workers’ compensation and PERA disability attorneys are well-versed in navigating your workers’ compensation claims and are also experienced PERA and MSRS disability and Minnesota Statutes 299A.465 attorneys. Therefore, they understand the interplay between disability and workers’ compensation benefits and will work to maximize your overall recovery.

What Does Workers’ Compensation Cover?

If your work duties result in an injury or make a pre-existing condition worse, your employer’s workers’ compensation insurance policy pays for benefits that may include:

Wage loss
Medical care
Permanent damage to your body (permanent partial disability)
Vocational rehabilitation assistance
Dependent benefits
Other types of benefits depending on the circumstances

Workers’ compensation is a no-fault system, which means benefits are paid regardless of fault. This means an employee does not need to prove negligence on the part of the employer to establish liability. It also means that an employer cannot use negligence on the part of the employee to deny a claim.

All Minnesota employers are required to carry workers’ compensation insurance or be self-insured for workers’ compensation benefits unless they are specifically exempted, which only applies to a very limited number of employers in the state.

Hurt at Work? Follow These Steps.

Common Workplace Injuries

Any type of work injury or condition that is caused, aggravated, or accelerated by your work duties may be covered under your employer’s workers’ compensation policy, including specific injuries (e.g., a fall at work), injuries that result from repetitive job duties over time, occupational exposure to chemicals/substances, and psychological injuries.

While different types of work environments can lead to different types of injuries, some workplace injuries are more common than others.

Here are a few examples of the most common types of workplace injuries in Minnesota:

Overuse and Repetitive Motion Injuries
Slip and Fall Injuries
Vehicle Accidents
Equipment Accidents

To file a claim for workers’ compensation in Minnesota, you must report the injury to your employer within 14 days of the injury. Your employer must then report the injury to their workers’ compensation insurance carrier within 10 days. If your claim is approved, you may be eligible for medical treatment, wage replacement, and vocational rehabilitation benefits. If your claim is denied, you may have the right to appeal the decision.

Work-Related Injuries Explained

In Workers' Comp Cases, Experience Matters

Every workers’ compensation case is unique, but there are standard protocols to follow in Minnesota to ensure you receive the pay and benefits owed to you. The best advice we can give before getting started is to not wait to consult with a Minnesota workers’ compensation lawyer, who can advise you of your rights.

Follow these steps:

Step 1: Report your injury to your employer immediately. In a medical emergency, get treatment first and report your injury as soon as possible.
Step 2: Contact Meshbesher & Spence for advice on what to expect with your claim and how to communicate with your employer and insurer.
Step 3: Seek medical treatment with a doctor of your choice and follow your doctor’s orders and medical instructions.
Step 4: Send your employer a copy of any work restrictions you receive immediately.

Every case is different, and these steps will be different in complex cases, such as post-traumatic stress disorder. Our workers’ compensation lawyers at Meshbesher & Spence will guide you through every step of the process to ensure your rights are protected.

Your Consultation Is Free!

Understanding Your Benefits

What Are Wage Loss Benefits in Minnesota?

If you cannot work because of your work injury or if you cannot earn your full wages because of your work injury, you may be entitled to wage loss benefits. Additionally, under Minnesota law, the insurer must accommodate your request for direct deposit, if applicable.

Wage loss benefits are calculated based on your Average Weekly Wage (AWW) and include the following:

Temporary Total Disability (TTD) Benefits
Temporary Partial Disability (TPD) Benefits
Permanent Total Disability (PTD) Benefits

There is a waiting period before injured workers are eligible for wage loss benefits. Learn more about wage loss and how it may apply to your situation.

Wage Loss Benefits Explained

Calculating Average Weekly Wage

An injured worker’s average weekly wage (AWW) on the date of injury controls benefit amounts for the claim. The goal of determining the average weekly wage in a Minnesota workers’ compensation case is to “arrive at a fair approximation of the employee’s probable future earning power that has been impaired or destroyed by the [work] injury.”

Your average weekly wage should include:

Regular or frequent overtime
Tips and gratuities
Commission
Paid time off (sick, vacation, holiday, etc.)
Performance-based bonuses
Room and board and/or other allowances
Wages from a second job if the job was held on the date of injury

AWW Explained

Are Medical Costs Covered Under Workers' Compensation?

The employer and workers’ compensation insurer should pay for the cost of all reasonable and necessary health care treatment related to your work injury, including:

Psychological
Chiropractic
Physical therapy
Podiatric care
Surgical treatment
Hospital treatment

However, there may be certain limitations and restrictions in your coverage that you’ll need to be aware of.

Medical Benefits Explained

What Are Vocational Rehabilitation Benefits?

Vocational rehabilitation benefits, including educational retraining, are available to help injured workers in Minnesota return to work after an injury. You can request a vocational rehabilitation consultation at any time.

In fact, you may be eligible for vocational rehabilitation services if you meet the following criteria:

You are unable to return to the regular job you had on the date of injury
Your employer is unable to offer you work within your restrictions
You are working at a wage loss.

Vocational Rehabilitation Explained

What Is Permanent Partial Disability (PPD)?

PPD benefits are payable for the permanent functional loss of use of the body based on a disability schedule—and are separate from wage loss benefits.

Employees injured at work in Minnesota are eligible for PPD benefits if they have any of the following ailments:

Permanent loss of function
Amputation
Hearing or vision loss
Other permanent impairments

A healthcare provider’s opinion is essential in determining the appropriate rating for the work injury, which is typically evaluated using the schedule outlined in the Minnesota Administrative Rules Chapter 5223.

PPD Explained

Can I Choose My Own Doctor?

Yes! In most cases, you can and should choose your own doctor to evaluate and treat you for your work injury. You should not let your employer or the workers’ compensation insurer direct you to a certain clinic or doctor without consulting an attorney. Your primary care provider is usually a good place to start to get a referral to the appropriate specialist for your type of injury.

Note, however, there are very few cases in which an employer may require an employee to see a designated healthcare provider for treatment.

Learn More

What If I Have a Preexisting Condition?

Workers’ compensation in Minnesota is designed to provide benefits to employees who are injured on the job, regardless of whether they have preexisting medical conditions. However, it can be more challenging to receive workers’ compensation benefits if you have a preexisting condition.

Here’s what you need to know about Minnesota workers’ compensation and preexisting conditions:

If your work injury is a “substantial contributing factor” and has aggravated or accelerated your current condition, it is covered under work compensation.
If your pre-existing condition is related to a prior occupational condition, there is potential for an apportionment of liability between the prior injury(ies) and the current injury.
Your employer or their insurance carrier must prove that the pre-existing condition contributed to the current injury or illness you’re filing for.

Every workers’ compensation case is unique, but there are standard protocols to follow in Minnesota to ensure you receive the pay and benefits owed to you. If you have questions about a workers’ compensation claim or about what qualifies as a preexisting condition, please contact our law firm for guidance.

About Preexisting Conditions

Minnesota Workers’ Compensation FAQs

• Is Workers' Compensation Mandatory in Minnesota?

All employers are required to purchase workers’ compensation benefits or become self-insured. If you are an employee of a Minnesota business and get hurt at work, your employer’s workers’ compensation insurer must provide benefits or compensation. If your employer has chosen not to comply with this law and does not have the required workers’ compensation coverage, employees are still protected if they are injured at work through the state’s Special Compensation Fund.
• What Can I Do If My Claim or Benefits Are Denied?

When any workers’ compensation claims or benefits are denied, you are entitled to challenge the denial and start the dispute process. The workers’ compensation dispute process in Minnesota is complex and should be handled by an attorney familiar with workers’ compensation matters. There are many rules and specific procedures that need to be followed to protect your rights and obtain the benefits to which you are entitled. Different types of pleadings and court events are required depending on what has been denied. The workers’ compensation attorneys at Meshbesher & Spence routinely and successfully handle all types of denied benefit claims.
• Can the Insurer Discontinue My Wage Loss Benefits?

Minnesota law allows employers and insurers to discontinue ongoing wage loss benefits if they believe they have a “reasonable basis” to do so. In order to discontinue wage loss benefits, the employer and insurer must file a Notice of Intention to Discontinue Workers’ Compensation Benefits (NOID) and serve it on the employee and the employee’s attorney (if there is one). If an insurer stops paying you benefits without filing this form, it is considered an improper discontinuance and subject to penalties. If an employee disagrees with the reason for discontinuance, he or she has 12 calendar days to request an administrative conference where a judge will hear the arguments of all parties and decide whether benefits should be discontinued or reinstated. It is strongly recommended that you retain an attorney at this point in the claim as it almost always leads to additional litigation and failure to follow proper legal procedure can have a permanent effect on an injured worker’s wage loss benefits.
• Are Workers' Compensation Benefits Taxable in Minnesota?

No, workers’ compensation benefits are not taxable in Minnesota regardless of whether you received payments on a weekly basis or as a lump sum settlement.

With So Much at Stake, You Need Exceptional Representation

At Meshbesher & Spence, we have the experience to guide you through your claim, helping you navigate the insurance and liability confusion that often ensues when accidents happen. Our team will handle any legal and insurance problems on your behalf.

In addition, our law firm can quickly bring in an investigator to document the incident by interviewing witnesses, taking photographs, and doing whatever else is necessary to investigate the incident. This step is critical and will significantly impact the outcome of your claim.

We always offer a free, no obligation consultation. That means we do not get paid until we successfully recover benefits for you. There are no upfront fees or hourly fees attributed to you.

After realizing I needed help, a friend recommended me to Ashley. Meeting Ashley for the first time, I felt the support and understanding I so desperately needed! Ashley made me realize the life I was missing out on. She told me from day 1 to trust her and throughout the process, she always made me feel that she had my best interest in mind. I will forever be grateful for Ashley and how she saved my life!

Joe Kanz

PERA/MSRS Disability

I worked with Lindsey Carpenter on a car accident injury after my previous attorney had unexpectedly passed away. I had a wonderful experience with Meshbesher & Spence. Lindsey kept me updated every step of the way. She is very knowledgeable and experienced and definitely fast to get results. I highly recommend using her.

Amy Vu

Rollover Crash

Jim and staff were very professional, sympathetic, kind, understanding, explained everything to me in a timely manner. Jim was available at any time I needed him with quick responses. They also explain everything in detail and made the process a better learning experience. In addition to great personal interpersonal communication skills, they also got me the maximum settlement. If you ever need an Attorney Meshbesher is your trusted partner time and time again! Thank you!

Patty Fox

Wrongful Death

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