Written By Elliot Frayne

As an injured worker, nothing can be more stressful than getting your work comp benefits discontinued. If your benefits have been discontinued, that is a great time to consult with an attorney about your options. However, if you’re anything like me, you may like to do things yourself. If so, then this article is for you!

So, you’ve gotten a NOID, now what? Well, the first thing you want to do is review the NOID for the insurer’s basis for the discontinuance. If you disagree with the NOID, then you will need to file a 239 request. The Office of Administrative Hearings (OAH) provides forms, including a 239 request. Follow this link to their forms. https://mn.gov/oah/forms-and-filing/forms/

When I do 239 Requests for my clients, I like to refer to the NOID for most of the information needed for the 239 Request. The NOID contains the WID, DOI, names and addresses for all relevant parties, and basis for the discontinuance. Add the date the NOID was served on you (bottom right of 1st page of NOID), and the DOI. Add in the rest of the information necessary to complete the 239 Request. Refer to page three for filing instructions.

Filing a 239 Request can be overwhelming. If you need help completing your 239 Request or would like an experienced attorney to do it for you, give us a call or shoot us an email. We are happy to help! Or, check out this youtube video. https://youtu.be/OW7O8fZ1Qbo

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

Car accidents can be incredibly stressful, especially when they result in injuries that prevent you from working. In these situations, workers’ compensation can be a crucial financial lifeline. However, navigating the process of obtaining and maximizing workers’ comp after a car crash can be complex. Often times insurance companies do not accept primary liability for a work-related car accident. Here are some key steps to help you maximize your workers’ comp benefits after an auto accident.

1. Report the Accident Immediately

The first step to maximizing your workers’ comp benefits is to report the accident to your employer as soon as possible. Most states have a deadline for reporting work-related injuries, so it’s important to notify your employer as soon as you can. Be sure to provide detailed information about the accident, including the date, time, and location, as well as any injuries you sustained.

2. Seek Medical Treatment

After reporting the accident, seek medical treatment for your injuries. Your employer may have a list of approved healthcare providers you can see, so be sure to ask for this information. It’s important to follow your doctor’s recommendations and attend all scheduled appointments to ensure your injuries are properly documented.

3. Keep Detailed Records

To maximize your workers’ comp benefits, it’s essential to keep detailed records of everything related to your accident and injuries. This includes medical bills, doctor’s notes, prescriptions, and any other expenses you incur as a result of the accident. You should also keep a record of any time you miss from work due to your injuries.

4. Follow Your Doctor’s Orders

Following your doctor’s orders is crucial to maximizing your workers’ comp benefits. If you fail to follow your doctor’s recommendations, your employer or their insurance company may argue that you are not taking your recovery seriously and may reduce or deny your benefits.

5. Communicate with Your Employer and Insurance Company

Throughout the process, it’s important to maintain open communication with your employer and their insurance company. Keep them informed of your progress and any changes in your condition. Be sure to respond promptly to any requests for information or documentation.

6. Consider Seeking Legal Advice

If you encounter any difficulties in obtaining or maximizing your workers’ comp benefits, it is critical to seek legal advice. An experienced workers’ comp attorney can help you navigate the process and ensure you receive the benefits you are entitled to.

7. Be Prepared for a Long Process

Obtaining and maximizing workers’ comp benefits after a car crash can be a lengthy process. It’s important to be patient and persistent. Keep detailed records of everything related to your accident and injuries, and follow your doctor’s orders to increase your chances of receiving the maximum benefits available to you.

Maximizing your workers’ comp benefits after a car crash requires prompt action, attention to detail, and patience. By following these steps, you can increase your chances of receiving the full benefits you are entitled to and focus on your recovery.

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

Being denied a workers’ compensation claim can be a frustrating and overwhelming experience. However, it’s important to understand that you have options available to you. Here is what you should do next if your workers’ comp claim has been denied:

1. Understand the Reason for the Denial: The first step is to carefully review the Notice of Insurer’s Primary Liability Determination (NOPLD) you received from the workers’ compensation insurance company. Common reasons for denial include missing untimely reporting, insufficient medical evidence, or a determination that your injury did not arise out of and in the course and scope of employment.
2. Consult with an Attorney: Frayne Injury Law strongly recommends consulting with a work comp attorney if your injury has been denied. An attorney can help you understand your rights and options under the law. They can also help you navigate the appeals process and represent you in hearings if necessary.
3. File a Claim Petition: In Minnesota, you have the right to appeal a denial of your workers’ compensation claim. This is done by filing a Claim Petition to initiate your case.
4. Gather Additional Evidence: If your claim was denied due to lack of medical evidence, you may need to gather additional documentation to support your claim. This could include medical records, doctor’s notes, and other relevant evidence of your injury and its impact on your ability to work.
5. Attend all Medical Appointments: It’s important to attend all medical appointments related to your injury. This not only ensures that you receive proper medical care but also helps to document the extent of your injury for your workers’ compensation claim. If you have personal health insurance, your health insurance will pay for your medical bills until an final determination is made about whether you work-injury is compensable or not.
6. Follow Your Doctor’s Orders: It’s crucial to follow your doctor’s orders for treatment and rehabilitation. Failure to do so could be used as evidence against your claim.
7. Consider Other Options: If your workers’ compensation claim is denied, you may have other options for seeking compensation. For example, you may be eligible for disability benefits through Social Security or a private disability insurance policy.
8. Stay Informed: Keep yourself informed about your rights and the workers’ compensation process in your state. This can help you make informed decisions about your claim and ensure that you are treated fairly under the law.
9. Seek Support: Dealing with a denied workers’ compensation claim can be stressful. Don’t hesitate to seek support from friends, family, or a mental health professional if you need it.
10. Stay Persistent: Finally, don’t give up. The workers’ compensation appeals process can be lengthy and challenging, but with persistence, you may be able to overturn the denial and receive the benefits you deserve.

If your workers’ compensation claim has been denied, it’s important to take action. Consult with an attorney, file an appeal, gather additional evidence, and stay informed about your rights. With perseverance and the right support, you may be able to successfully overturn the denial and receive the compensation you need to recover from your injury.

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

The First Report of Injury (FROI) is a critical document in the workers’ compensation process. It is the initial report for all injuries claimed to be work-related and provides essential information to start the claim process. Understanding the requirements for filing the FROI is crucial for employees to document their injury.

Time Requirements for Filing

The filing of the FROI varies depending on the severity of the injury:

1. Injuries with Disability Exceeding Three Calendar Days: The FROI must be filed electronically with the department. If the claimed disability does not exceed three calendar days but other forms are required to be filed, the FROI must be sent to the department along with those forms.
2. Deaths and Serious Injuries: Must be reported to the department within 48 hours, followed by the FROI within 7 days.
3. Other Injuries with Disability Exceeding Three Calendar Days:
   • For self-insured employers: The FROI must be filed within 14 days of the first day of claimed disability or the date the employer became aware of the injury and disability.
   • For non-self-insured employers: The employer has 10 calendar days from the first day of claimed disability or the date of awareness, and the insurer has 14 calendar days to file the FROI with the department.

Completing the Form

Employers must ensure the FROI is completed accurately and timely, as it is used by the department to set up the claim and assess penalties. Here are some key instructions for completing the form:

1. Boxes Requiring Attention:
   • Box 1: Social Security Number (SSN) or Worker Identification Number (WID) is essential for identifying the claim.
   • Box 4: Date of Injury (DOI) is crucial, especially for claimants with multiple injuries.
   • Box 7: Employee name is used to identify the claim.
2. Description of Injury:
   • Box 22: Describe the claimed injury and how it occurred.
   • Box 23: Specify the injury or illness and the body parts affected.
   • Box 24: Specify any equipment involved in the injury.
3. Lost Time and Employer Awareness:
   • Box 26: First day of any claimed lost time, including time off for medical treatment.
   • Box 27: Indicate if the employee was paid for lost time on the date of injury.
   • Box 28: Date when the employer first became aware of the claimed injury.
   • Box 29: Date when the employer first became aware that the lost time was related to the claimed injury.
4. Employer Information:
   • Boxes 36-42: Provide the employer’s company names, addresses, and contact person.
   • Box 45: Date the form was completed by the employer.
5. Insurer and Claim Administrator:
   • Box 46: Name of the insurer or self-insured employer.
   • Box 50: Date the insurer first received notice of the claimed injury.
   • Boxes 51/52: Name and address of the company administering the claim, whether the insurer or a third-party administrator.

Conclusion

Understanding the time requirements and completing A FROI accurately are crucial steps in the workers’ compensation process. Employers and insurers must adhere to these requirements to ensure that claims are processed promptly and accurately. If you feel like your employer hasn’t completed the FROI properly, give us a call or schedule an appointment.

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

In recent years, Amazon has faced increasing scrutiny over the working conditions in its warehouses. One of the most pressing concerns is the high rate of injuries among warehouse workers. These injuries not only impact the physical health of employees but also raise questions about workplace safety and management practices.

1. Sprains and Strains: One of the most common injuries among Amazon warehouse workers is sprains and strains. These injuries often occur due to repetitive movements, such as lifting, bending, and reaching, which are inherent in warehouse work. The physical demands of the job, combined with long hours and high productivity expectations, can lead to overexertion and muscle fatigue, increasing the risk of sprains and strains.
2. Back Injuries: Back injuries are another prevalent issue among Amazon warehouse workers. The nature of the job, which often involves lifting heavy objects and working in awkward positions, puts significant strain on the back. Without proper training and ergonomic support, workers are at a higher risk of developing back problems, including muscle strains, herniated discs, and other serious conditions.
3. Falls: Falls are a major concern in any warehouse environment, and Amazon’s warehouses are no exception. Workers may slip on wet floors, trip over obstacles, or fall from heights while performing tasks such as stocking shelves or retrieving items from high shelves. These falls can result in a range of injuries, from minor bruises to more severe fractures or head injuries.
4. Cuts and Lacerations: The fast-paced nature of Amazon’s operations means that workers are often handling sharp objects, such as box cutters or machinery with moving parts. As a result, cuts and lacerations are common injuries among warehouse workers. These injuries can be painful and may require medical attention, leading to time off work and lost productivity.
5. Repetitive Strain Injuries (RSIs): Repetitive strain injuries (RSIs) are a significant concern for Amazon warehouse workers, given the repetitive nature of many tasks. RSIs can develop over time due to repetitive movements, such as scanning items, packing boxes, or operating machinery. These injuries can cause pain, numbness, and weakness in the affected area, making it difficult for workers to perform their duties. In Minnesota, these are referred to as Gillette Injuries.
6. Heat-Related Illnesses: In warehouses where temperatures can soar, heat-related illnesses are a serious risk. Amazon has faced criticism for its lack of adequate ventilation and cooling systems in some of its warehouses, putting workers at risk of heat exhaustion and heat stroke. These conditions can be life-threatening if not promptly addressed.
7. Crushing Injuries: The use of heavy machinery and equipment in Amazon warehouses poses a risk of crushing injuries for workers. Accidents involving forklifts, conveyor belts, or falling objects can result in serious injuries, including broken bones, amputations, or even fatalities. Proper training and safety protocols are essential to prevent these types of injuries.
8. Eye Injuries: Amazon warehouse workers are also at risk of eye injuries due to exposure to dust, debris, and flying objects. Without proper eye protection, workers may suffer from eye irritation, corneal abrasions, or more serious injuries that could affect their vision permanently.
9. Chemical Exposure: Some Amazon warehouses store and handle hazardous chemicals, which can pose a risk to workers if proper safety measures are not in place. Exposure to chemicals can lead to skin irritation, respiratory problems, and other health issues. It is essential for Amazon to provide training on chemical safety and ensure that workers have access to personal protective equipment.
10. Fatigue and Stress-Related Conditions: The demanding nature of warehouse work, coupled with long hours and high productivity targets, can take a toll on workers’ mental and physical health. Fatigue and stress-related conditions, such as anxiety, depression, and insomnia, are common among Amazon warehouse workers. Addressing these issues requires a holistic approach that considers both the physical and mental well-being of employees.

High rate of injuries among Amazon warehouse workers is a complex issue that requires attention from all stakeholders, including Amazon itself, regulators, and workers’ rights advocates. Improving workplace safety, providing adequate training and support, and addressing the root causes of injuries are crucial steps toward ensuring the health and well-being of warehouse workers. If you’ve had a work injury, get a work comp attorney. They will help maximize your 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

Workers’ compensation benefits are crucial for employees who suffer injuries or illnesses in the workplace. These benefits help cover medical expenses, lost wages, and rehabilitation costs. However, navigating the workers’ compensation system can be complex, and many employees may not be aware of all the benefits they are entitled to. To help you make the most of your workers’ comp benefits, here are ten must-know tips:

1. Report the Injury Immediately: If you are injured at work, it is crucial to report the injury to your employer as soon as possible. Delaying the report could lead to complications in receiving benefits. Most states have a deadline for reporting workplace injuries, so it is best to report it right away.
2. Seek Medical Attention: After reporting the injury, seek medical attention promptly. Your employer may have a list of approved healthcare providers for workers’ comp cases. Follow the recommended treatment plan and attend all medical appointments to ensure your injury is properly documented.
3. Keep Detailed Records: Maintain thorough records of all communication related to your injury, including copies of accident reports, medical records, and correspondence with your employer and the workers’ comp insurance company. These records can help support your claim and ensure you receive the benefits you deserve.
4. Understand Your Benefits: Familiarize yourself with the workers’ compensation benefits available to you, including coverage for medical expenses, lost wages, and vocational rehabilitation. Knowing your benefits can help you make informed decisions about your treatment and recovery.
5. Know Your Rights: As an injured worker, you have rights under workers’ compensation laws. These include the right to medical treatment, wage replacement benefits, and protection from retaliation by your employer. Familiarize yourself with your rights to ensure you receive fair treatment.
6. Stay in Communication: Keep your employer and the workers’ comp insurance company informed of your recovery progress and any changes in your condition. This communication can help ensure that your benefits are not interrupted and that you receive the appropriate level of care.
7. Consider Legal Advice: I cannot count the number of times that a client has hired us and we found a way to increase benefits. For example, often times the insurer will undercalculate average weekly wage by not including overtime pay or other includable income.
8. Explore Vocational Rehabilitation: If your injury prevents you from returning to your previous job, vocational rehabilitation services may be available to help you transition to a new role. These services can include job training, resume assistance, and job placement support.
9. Stay Involved in Your Recovery: Take an active role in your recovery by following your healthcare provider’s recommendations, attending physical therapy or rehabilitation sessions, and advocating for the care you need. Your active involvement can lead to a faster and more successful recovery.
10. Be Patient: The workers’ compensation process can be lengthy, and it may take time to receive all of your benefits. Stay patient and persistent, and seek assistance if you encounter delays or challenges along the way.

By following these ten tips, you can maximize your workers’ compensation benefits and ensure that you receive the care and support you need to recover from a workplace injury. Remember to stay informed, advocate for your rights, and seek help when needed to navigate the workers’ comp system successfully.

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Written By Elliot Frayne

Ever wonder how long an insurer has to pay TTD or reimburse mileage? I use this document as a cheat sheet for daily reference.

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Written By Elliot Frayne

Navigating the journey from car to office during winter can be fraught with hazards, potentially leading to work injuries and workers’ compensation claims. The combination of snow, ice, and low visibility increases the risk of slips, falls, and other accidents. Each year, many workers are injured in parking lots and on sidewalks while commuting to work, highlighting the importance of safety precautions. Understanding the common scenarios where injuries occur can help individuals take proactive measures to avoid accidents. Here are ten scenarios that illustrate the potential dangers and the need for caution when walking from your car to the office in snowy conditions.

1. Slipping on a hidden patch of ice in the parking lot while rushing to get into the office.
2. Tripping over a snow-covered curb that was obscured by fresh snowfall.
3. Losing balance on a slippery ramp leading to the office entrance due to compacted snow.
4. Falling on stairs due to icy steps that were not visible under a thin layer of snow.
5. Twisting an ankle on uneven pavement covered with a layer of snow.
6. Slipping on a wet floor inside the office building after bringing in snow on shoes.
7. Getting hit by a sliding vehicle in the parking lot due to reduced visibility from snow.
8. Falling on a patch of black ice near the office entrance.
9. Suffering a back injury while trying to lift a heavy bag of salt to spread on icy areas.
10. Getting hit by falling icicles or snow from the roof of the building while walking towards the entrance.While taking precautions can reduce the risk of accidents, injuries still occur during winter commutes. In such cases, seeking the guidance of a workers’ compensation attorney may be crucial. Without legal representation, you could potentially miss out on important benefits you are entitled to. A work comp attorney can help navigate the complex process of filing a claim, ensuring that all necessary documentation is submitted correctly and on time.Insurance companies often improperly deny these cases as not “arising out of and in the course and scope of employment” because the employee isn’t technically on the clock. Even employees that are not on clock can be entitled to work comp 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

Traumatic brain injuries (TBIs) are a significant concern in the workplace, impacting both employees and employers. A TBI can occur due to various workplace incidents, such as falls, being struck by objects, or motor vehicle accidents. These injuries can have long-lasting effects on an individual’s health and well-being, as well as on their ability to work and perform daily tasks.

Work-related TBIs are a leading cause of death and disability in the United States, with thousands of cases reported each year. They can also result in long-term cognitive, physical, emotional, and behavioral impairments, affecting an individual’s quality of life and ability to work.

Workers’ compensation (also known as work comp) is a form of insurance that provides wage replacement and medical benefits to employees injured in the course of employment. Work comp is designed to cover medical expenses, lost wages, and rehabilitation costs for employees who suffer work-related injuries, including TBIs.

When it comes to work-related TBIs, workers’ compensation plays a crucial role in ensuring that injured employees receive the care and support they need. Here’s how work comp typically handles TBIs:

1. Medical Expenses: Workers’ compensation covers the cost of medical treatment for work-related TBIs, including hospital stays, surgeries, medications, rehabilitation, and therapy. This coverage helps ensure that injured employees can access the necessary care to recover from their injuries.
2. Lost Wages: If a TBI prevents an employee from working, workers’ compensation provides wage replacement benefits. These benefits typically cover a portion of the employee’s lost wages, helping them maintain financial stability during their recovery.
3. Rehabilitation: Work comp may cover the cost of rehabilitation services for employees with TBIs, including physical therapy, occupational therapy, and cognitive therapy. These services can help injured employees regain lost skills and independence.
4. Permanent Disability: In cases where a TBI results in permanent disability, workers’ compensation may provide additional benefits based on the extent of the disability. These benefits can help compensate for the long-term impact of the injury on the employee’s earning capacity and quality of life.
5. Death Benefits: If a work-related TBI results in death, workers’ compensation may provide death benefits to the employee’s dependents. These benefits can help support the dependents financially after the loss of their loved one.

It’s important for employees who suffer work-related TBIs to report their injuries to their employer as soon as possible and seek medical attention promptly. Prompt reporting and treatment can help ensure that the injured employee receives the benefits they are entitled to under workers’ compensation.

Employers can also take steps to prevent work-related TBIs, such as providing appropriate training to employees, maintaining a safe work environment, and implementing safety protocols to reduce the risk of falls, accidents, and other incidents that can lead to TBIs.

Work-related TBIs are a serious occupational health concern that can have significant physical, emotional, and financial implications for employees and employers. Workers’ compensation plays a vital role in providing support and benefits to employees who suffer TBIs, helping them recover and return to work. By understanding how workers’ compensation handles TBIs, both employees and employers can take steps to prevent these injuries and ensure that injured employees receive the care and support they need.

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Written By Elliot Frayne

At Frayne Injury Law, there is no case too small. We empathize with our clients and understand that even a “small” medical bill can feel like a mountain to pay off. We regularly take on such cases and give those clients the same time and attention as we would with clients with “big” cases.

For example, we recently took on a client who worked at a hotel and was unfortunately stuck by a used needle. Her employer did not report the incident to their work comp insurance company and more than a year and half later, she had bills going to collections for several thousand dollars. Thankfully, she didn’t miss much time from work and had no permanent diagnosis, but those medical bills were causing her stress. We were happy to take on her case and ultimately got all of her medical bills paid plus a little bit extra for her troubles.

Another client of ours was told by his adjuster that his work comp claim was closed and that he couldn’t go in to see his doctor. He wanted to get checked out for his work-related eye-condition. Frayne Injury Law took his case even though he only needed to be seen once by his doctor. We got the insurer to change their position on his “closed” claim and the medical treatment paid, in full.

If you think your case is too small for a work comp attorney to take it on, please reach out to us. We care about all our clients and give them equal time and attention, big or small.

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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