As you may be aware, workers’ compensation pays benefits to employees who are injured or disabled on the job.
It applies to numerous work-related medical conditions ranging from repetitive strain to diseases including the recent coronavirus. You can also receive coverage for afflictions that develop over time, such as occupational stress. Of course, common injuries caused by accidents like falling off a ladder are covered as well.
The concept seems simple enough, but there’s more to eligibility than the applicable injuries and illnesses. You must also ensure that you meet certain requirements of your employment and local laws, which can vary significantly from state to state. Here’s what you need to know as a Minnesotan seeking workers’ compensation.
Your Profession
In most cases, only legitimate employees can file a claim for workers’ compensation insurance. If you work as a freelancer or independent contractor, for example, then you might not be eligible.
This can present a hurdle for the likes of sub-contractors sustaining on-site injuries, as it can be difficult to determine who’s responsible. Is it the contractor? The company in charge of the project? Plus, an employee in one state is a contractor in another, so it’s wise to partner with an attorney who has the necessary legal expertise.
Be sure to do some initial research so that you’re familiar with the surrounding litigation. An introduction to workers’ compensation in the state is provided by the Minnesota Workers’ Compensation lawyers at Mottaz & Sisk, whose site contains a wealth of information on the matter.
Your Employer
While having workers’ comp insurance is mandated by federal law, you should still verify that your employer is covered. The Department of Labor’s website lists the agencies overseeing workers’ comp in each state and details the liability limits for occupational injuries and illnesses that apply to your employer.
An important thing to remember here is that by agreeing to accept the compensation you’re offered, you waiver your right to sue if your settlement proves insufficient.
Your Injury
The nature of your injury or illness is second to where it developed or occurred, which obviously needs to be an official place of work. It’s unlikely that you’ll be entitled to workers’ comp benefits if you were injured during your commute or when leaving the site for lunch.
This is less self-evident when dealing with stress and similar conditions. Proving that it’s occupational can be challenging and states don’t always agree on what constitutes stress, which is all the more reason to hire an attorney.
Your Response
Minnesota law requires that you report your injury (preferably in writing) within 180 days to qualify. You then have up to six years to file your claim. You must remain proactive at every turn. This means keeping a record of pictures, notes, documents (medical expenses), and any other details related to your injury or illness.
By following the aforementioned guidelines, you can be sure that your workers’ compensation claim is valid. A diligent and informed approach is key to receiving a fair settlement.