Written By Elliot Frayne

Is car accident commuting to or from work a work injury? The answer is probably not. I would say 9/10 car accidents that happen while commuting to work would not fall under work comp. So what about the 1/10? What makes a car accident a work comp claim?

Let me start off by saying, if you’ve been in a car accident on your commute and are wondering if you can try to get comp benefits, just call a work comp attorney. They will be able to advise you on whether or not it’s a work comp claim. As a lawyer myself, I try to come up with simple litmus tests to determine if I should go deeper into an analysis. Here’s the one I’ve come up with for MVAs while commuting.

First, I assume the employee lives within a short walking distance. Then I ask, “would it make any difference to the employer if the employee walked to work or drove their personal vehicle to work?” If the answer is, “yes” then there may be an argument to be made that the car accident could be claimed as work comp. if the answer is “no” then probably a long shot.

Again, my litmus test isn’t the legal standard used by the courts but it works for me. There are many different theories of liability to establish a car accident as work-related. You should definitely consult an attorney if you have any questions or concerns about your particular situation.

Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.

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Written By Elliot Frayne

One of the great things about Minnesota workers’ comp is that there are options for employees that settle their case and then later develop conditions as a result of the work injury they previously settled. There are four scenarios where a prior settlement can be “vacated.”

1. Mutual Mistake of Fact
2. Newly Discovered Evidence
3. Fraud
4. Substantial Change in Medical Condition

The most commonly asserted basis is change in medical condition. For this basis you must show that there was a substantial change in medical condition that was not anticipated and could not reasonably have been anticipated at the time of the Award. You must also show that the change in medical condition is related to the work-injury. Here’s the applicable Statute.

Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.

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Written By Elliot Frayne

If I had a nickel for every time a client or potential client told me that their checks were late, I would be able to retire today. Although there could be a number of reasons why your check may be delayed, work comp insurance companies and the adjusters/claims specialists that handle the claims often claim that the check is in the mail and any delay is because of the mail carrier. Whether or not this is true really makes no difference to an inured employee. The fact is, work injuries place a significant financial hardship on people and it’s hard to make ends meet. So, what can you do?

The Minnesota statute governing work comp injuries and methods of payment is quite clear. If you properly request that the employer and insurer pay you by direct deposit (referred to as Electronic Funds Transfer, or “EFT”, in the statute) then the insurer has 30 days to start paying you by direct deposit or risk having to pay a $500.00 fine.

For my clients that want direct deposit set up on their case, I use this form. What I like about it is that it clearly lays out what information you need to provide to make a “proper request” and tells the adjuster of the legal consequences for not complying. On top of that, it points the adjuster to the exact law that will be used against them if they don’t set up direct deposit.

I recommend sending the completed form by email. Email is one of the best tools for documenting when a request for something was made and it automatically saves a copy of what was sent. It really cuts down on an adjuster saying, “you never sent it to me” or “I never got that.” Be smart and send it to them by email.

If you have any questions about how to fill out the form, or would like an experienced attorney to handle it for you, please contact us. My email is efrayne@frayneinjurylaw.com. My direct dial is 952-222-7541.

Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.

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Written By Elliot Frayne

Maximum medical improvement in Minnesota is defined as “the date after which no further significant recovery from or significant lasting improvement to a personal injury can reasonably be anticipated, based upon reasonable medical probability.” https://www.revisor.mn.gov/statutes/cite/176.011#stat.176.011.13a

In most cases, this designation of being at maximum medical improvement occurs after an independent medical examination.  However, in some cases, your treating doctor will submit a report stating that you have reached maximum medical improvement.

There are specific requirements that must be adhered to by the doctor and insurance company to place you at maximum medical improvement, such as:

• there must be a medical opinion indicating the employee has reached it,
• It must be served on the employee and attorney, and
• It must contain specific identifying information such as name, SSN, date of service, and other statutory requirements.

After An Employee Receives The Report

After an employee receives the report indicating she/he has reached maximum medical improvement, the next issue is to determine how this will effect your benefits.

If you are receiving temporary total disability benefits, You are entitled to these benefits for an additional 90 days.  

Maximum medical improvement is only a reason to stop temporary total disability benefits. If the work comp insurance company denies any other work comp benefits because you have reached MMI, consult with an attorney immediately.

Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.

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Written By Elliot Frayne

If an employee is unable to work due to a work-related injury, the employee is entitled to wage loss benefits (or “temporary total disability benefits”). At most, an employee can collect temporary total disability benefits for 130 weeks. However, work comp 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. Common reasons that insurers use to stop paying temporary total disability benefits are listed below.

The employee has returned to work: Of course, an insurer will not continue to pay temporary total disability benefits to an employee that is working. However, if that employee is earning less money because of the injury, the employee should be paid temporary partial disability benefits.

The employee has no work restrictions: This can be shown when the employee’s doctor releases the employee to return to work with no restrictions. Insurers sometimes try to show this by having the employee evaluated by a different doctor, chosen by the insurer. Employees often dispute this type of medical opinion.

The employee does not look for work: If an employee still has some work restrictions, but is not restricted from all types of work, then the employee is supposed to look for work within those restrictions. An insurer may suspend temporary total disability benefits while an employee that could work is not looking for work.

The employee turned down a job offer: An insurer can sometimes stop paying temporary total disability benefits to an employee that refused a job offer. The insurer has to prove that the employee was physically able to do the job (usually this means that the job does not require the employee to do anything outside of his or her work restrictions). The insurer also has to prove that the refusal was unreasonable (it usually would be reasonable to refuse a job that would require the employee to move, or for which childcare is unavailable).

The employee has known his or her injury would not get better for three months: Doctors that treat work-related injuries in Minnesota will eventually say that the employee is at “maximum medical improvement” or “MMI.” This means that the doctor does not expect the injury to heal anymore. The insurer will then mail a form to the employee that says the employee has reached MMI. 90 days later, the insurer may stop paying temporary total disability benefits. Insurers sometimes try to show this by having the employee evaluated by a different doctor, chosen by the insurer. Employees often dispute this type of medical opinion.

If an insurer claims that it has a reason to stop paying temporary total disability benefits, the insurer cannot just stop paying. The insurer has to first mail the employee a Notice of Intention to Discontinue Workers’ Compensation Benefits. The Employee has the right to dispute the discontinuance of benefits. If the insurer cannot prove the reason that it gave for the discontinuance, then the court will order the insurer to continue paying benefits.

Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.

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Written By Elliot Frayne

Governor Tim Walz signed H.F. 4537, which expanded Minnesota’s workers’ compensation to include COVID frontline workers. The law protects workers with a presumption that a COVID infection occurred at the workplace, though employers have the opportunity to rebut the presumption.

Frontline workers covered by this presumption include:

• Law enforcement officers;
• Firefighters;
• Paramedics and EMTs;
• Healthcare workers and correction officers working in correctional facilities; and 
• Healthcare workers and assistants in healthcare, home care, or long-term care facilities with COVID-infected populations. 

People providing childcare to these frontline workers can also qualify for the presumption. If you are not entitled to the presumption, you may still be able to claim workers’ compensation for COVID. Doing so will require you to present some evidence that your COVID infection came from your workplace. 

How To Claim Workers’ Compensation For COVID

To claim workmans’ compensation in MN for COVID, you should take these steps:

• Notify your employer that you suspect COVID and stay home from work;
• Get laboratory testing to verify your COVID infection;
• Quarantine according to health authority guidance;
• Save medical records and bills related to your COVID diagnosis and treatment;
• File a workers’ compensation claim related to your illness; and
• Speak to an attorney if your employer rejects your workers’ compensation claim or threatens to retaliate if you file a claim.

Work comp insurance in MN should pay your medical bills and a wage loss while you miss work due to COVID. To receive workers’ comp benefits, you will need to present evidence of your injury and of your inability to work. 

Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.

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Written By Elliot Frayne

Work-related injuries can be challenging, especially when they involve the knee. The knee is a complex joint crucial for mobility, and injuries to this area can significantly impact a person’s ability to work and carry out daily activities. In the state of Minnesota, workers’ compensation provides benefits for individuals who suffer work-related knee injuries. Understanding what to expect with a Minnesota work comp knee injury can help you navigate the process more effectively and maximize your payout and healing.

Types of Knee Injuries Covered by Minnesota Work Comp

Minnesota workers’ compensation covers a wide range of knee injuries, including:

1. Strains and Sprains: These are common injuries that can occur due to overuse, sudden movements, or trauma. Strains affect the muscles, while sprains affect the ligaments around the knee joint.
2. Torn Meniscus: The meniscus is a cartilage in the knee that can tear due to twisting or direct impact. This injury can cause pain, swelling, and limited mobility.
3. Ligament Tears: Injuries to the ligaments, such as the ACL (anterior cruciate ligament) or PCL (posterior cruciate ligament), can occur due to sports, falls, or accidents at work.
4. Fractures: Fractures of the knee cap (patella) or other bones in the knee joint can occur due to trauma or excessive stress.
5. Bursitis: Bursitis is the inflammation of the bursae, small sacs of fluid that cushion the knee joint. It can cause pain and swelling in the knee area.

Benefits Available for Minnesota Work Comp Knee Injuries

If you suffer a knee injury at work in Minnesota, you may be entitled to various benefits under the state’s workers’ compensation system. These benefits may include:

1. Medical Benefits: Workers’ compensation covers the cost of medical treatment related to your knee injury, including doctor visits, surgery, physical therapy, and medication.
2. Temporary Total Disability (TTD): If your knee injury prevents you from working, you may be eligible for TTD benefits, which provide wage replacement payments until you can return to work.
3. Permanent Partial Disability (PPD): If your knee injury results in a permanent partial disability (PPD) rating, you will be compensated based on the PPD percentage. Please use one of our PPD calculators to determine the dollar value of your PPD percentage.
4. Vocational Rehabilitation: If your knee injury results in a loss of earning capacity (both temporary and permanent), workers’ compensation may cover the cost of vocational rehabilitation to help you make sure your light duty work is within your work restrictions, or help you find new job or receive training for a different career. Picking a Qualified Rehabilitation Consultant is very important to your case and not all QRCs are created equal. Get the advice of an attorney who works with QRCs every day to pick the right one for you.
5. Mileage Reimbursement: Workers’ compensation may reimburse you for mileage to and from medical appointments related to your knee injury. Watch this video for more information about medical mileage. https://www.frayneinjurylaw.com/videos.

Navigating the Minnesota Work Comp System for Knee Injuries

Navigating the Minnesota workers’ compensation system for a knee injury can be complex. Here are some steps to follow if you suffer a knee injury at work:

1. Report Your Injury: Notify your employer of your knee injury as soon as possible. In Minnesota, you have 180 days from the date of your injury to report it to your employer, but it’s best to report it right away.
2. Seek Medical Treatment: Visit a doctor for an evaluation of your knee injury. Your employer may require you to see a specific doctor or a doctor from a list of approved providers.
3. File a Claim: File a workers’ compensation claim with the Minnesota Department of Labor and Industry. Include all relevant information, such as the date and location of your injury, the nature of your injury, and any medical treatment you have received.
4. Follow Your Doctor’s Orders: Follow your doctor’s treatment plan and attend all medical appointments. Failure to comply with medical treatment can affect your eligibility for benefits.
5. Keep Records: Keep detailed records of your medical treatment, including bills, prescriptions, and reports from your doctor. Also, keep a record of any time missed from work due to your knee injury.

Conclusion

Suffering a knee injury at work can be a stressful experience, but knowing what to expect can help you navigate the Minnesota workers’ compensation system more effectively. By understanding the types of knee injuries covered, the benefits available, and the steps to take after an injury, you can ensure that you receive the care and compensation you need to recover and return to work. If you have questions or need assistance with your workers’ compensation claim, consider consulting with an experienced workers’ compensation attorney who can guide you through the process.

Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.

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Written By Elliot Frayne

Remote work has become increasingly common in today’s workforce, offering flexibility and convenience for employees. However, when it comes to workers’ compensation, remote employees may find themselves facing unique challenges. Understanding how workers’ compensation works for remote employees in Minnesota is crucial to getting the benefits you deserve.

Workers’ Compensation Basics

Workers’ compensation is a form of insurance that provides medical benefits and wage replacement to employees who are injured or become ill as a result of their job. In Minnesota, employers are required to carry workers’ compensation insurance to cover their employees, including those who work remotely.

Coverage for Remote Employees

Remote employees are entitled to the same workers’ compensation benefits as those who work on-site. If a remote employee is injured while performing work-related duties, they are eligible for medical treatment, wage replacement, and other benefits provided by workers’ compensation.

Determining Work-Related Injuries

One challenge with remote work is determining whether an injury is work-related. In Minnesota, an injury is considered work-related if the injury arising out of and in the course and scope of employment. This can include injuries that occur while working at home, even if you might not think the injury might not be work-related. For example, if your home office is upstairs and you fall on the stairs while going to get a cup of coffee or use the bathroom or get a snack. It’s critical that you consult with a work comp attorney about whether an injury at-home could be claimed as work-related.

Reporting Work-Related Injuries

It is important to report work-related injuries to your employer RIGHT AWAY. As a prior work comp insurance defense attorney of five years, at home work injuries are more heavily review and scrutinized by adjusters than on-site injuries. Timely reporting legitimizes an injury.

Benefits for Remote Employees

Workers’ compensation benefits for remote employees in Minnesota may include:

1. Medical Treatment: Coverage for medical expenses related to the injury, including doctor visits, hospital stays, and medication.
2. Wage Replacement: Payment for lost wages if the employee is unable to work due to the injury.
3. Vocational Rehabilitation: Assistance with training or education for a new job if the injury prevents the employee from returning to their previous position.
4. Permanent Disability Benefits: Compensation for permanent disabilities resulting from the injury. See our PPD calculator for help determining the value of your PPD rating.

Challenges for Remote Employees

Remote employees may face challenges when it comes to accessing workers’ compensation benefits. For example, they may need to prove that their injury was work-related, which can be more difficult when there are no witnesses or when the injury is not immediately reported.

Employer Responsibilities

Employers of remote workers in Minnesota have the same responsibilities as those with on-site employees when it comes to workers’ compensation. This includes providing a safe work environment, properly training employees, and carrying the required insurance coverage.

Conclusion

Understanding workers’ compensation for remote employees in Minnesota is essential for both employers and employees. By knowing their rights and responsibilities, remote workers can ensure they receive the benefits they are entitled to in the event of a work-related injury. Employers can also take steps to prevent injuries among remote employees and ensure compliance with workers’ compensation laws.

Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.

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Written By Elliot Frayne

As much as I am loathe to admit it, I represented employers and their work comp insurers for more than half a decade. I defended work comp cases for companies like Costco, Jack Links, USIC, Target, and work comp insurers such as Helmsman Management Services, Liberty Mutual, Sedgwick, Broadspire, Gallagher Bassett, and AIU, to name a few. I like to think that my experience on the dark side offers me a distinct advantage now that I help injured employees get peace of mind during the work comp claim process. For example, here are 3 red flags adjusters look for when they first get assigned a potential claim.

1. Duration of Employment: Claiming a work injury shortly after being hired is a red flag to most adjusters. Obviously this doesn’t mean if you’ve had a work injury that you shouldn’t report it or be concerned that your injury will automatically be denied, but someone who has worked for a company for 10 years without an injury has more credibility than someone who claims a work injury after working a few days.
2. Day of the Week: Injuries that occur early in the shift and the first day back after the weekend are also red flags for adjusters. Adjusters typically suspect that the person was injured at home over the weekend but decided to wait until they were on the clock so they could get wage loss benefits and not have to pay for medical treatment out of pocket.
3. No Witnesses: injuries that occur when no one is around is another red flag for most adjusters.

In my experience, adjusters will overlook one or two of these red flags if not all three are present. However, when all three of these red flags are present, and injured worker better make sure to cross their Ts. 3

Frayne Injury Law can help you with that. We accept clients at all stages of the work comp claims process. If you’re worried that your work injury is going to be red flagged, give us a call today!

Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.

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Written By Elliot Frayne

Suffering an injury at work can be a devastating experience, impacting not only your health but also your livelihood. In some cases, injuries may require surgical intervention to help restore function and alleviate pain.

One common type of surgical procedure for workers’ compensation injuries is arthroscopic surgery. This minimally invasive procedure is often used to diagnose and treat injuries to the joints, such as the knee, shoulder, or wrist. Arthroscopic surgery involves inserting a small camera and instruments through tiny incisions to repair damaged tissue, remove debris, or reconstruct ligaments.

Another surgical procedure frequently performed for workers’ compensation injuries is spinal surgery. Injuries to the spine, such as herniated discs or spinal fractures, can cause debilitating pain and impairment. Spinal surgery aims to relieve pressure on the spinal cord or nerves, stabilize the spine, and restore function. Procedures may include laminectomy, discectomy, spinal fusion, or artificial disc replacement.

Orthopedic surgery is also common for workers’ compensation injuries, particularly for fractures and musculoskeletal injuries. These procedures may involve the realignment of bones, fixation with hardware such as screws or plates, or the repair of soft tissue injuries. Orthopedic surgery aims to restore function, reduce pain, and prevent long-term complications.

For workers’ compensation injuries involving the hands or wrists, surgical procedures such as carpal tunnel release or tendon repair may be necessary. These procedures aim to restore function and alleviate pain caused by repetitive stress injuries or traumatic injuries.

Regardless of the type of surgical procedure, it’s important for injured workers to have access to timely and appropriate medical care. Workers’ compensation insurance is required to pay for surgeries that are reasonable and necessary to cure or relieve the effects of a work injury and are causally related to the work injury.

If you need help getting your surgery bills paid, Frayne Injury Law can offer peace of mine and guidance.

Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.

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