Written By Elliot Frayne

How much is TTD in Minnesota?

As of October 2023, the SAWW (and maximum workers’ compensation amount) is $1,337.00 per week, and the maximum is 102% of that or $1,363.74 per week. Workers receiving TTD benefits are also protected by a minimum cap of 20% of the maximum ($272.75.55 per week in 2023) or the employee’s weekly wage, whichever is less.

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Written By Elliot Frayne

Work restrictions are super important to a work comp claim. If you have questions about work restrictions, give Frayne Injury Law a call for a free consultation.

Work restrictions are limitations placed on employees due to various reasons such as health issues, legal requirements, or workplace safety concerns. These restrictions can affect the type of work an individual can perform, the number of hours they can work, or the conditions under which they can work. Here are some common questions people have about work restrictions:

1. What are work restrictions? Work restrictions are limitations placed on employees’ ability to perform certain tasks or work in certain conditions. These restrictions are usually put in place to protect the health and safety of the employee or others in the workplace.
2. Who determines work restrictions? Work restrictions are typically determined by a healthcare provider, such as a doctor or nurse, based on the employee’s medical condition and the requirements of their job. In some cases, work restrictions may also be imposed by a regulatory agency or employer policy.
3. What types of work restrictions are there? There are many types of work restrictions, depending on the nature of the job and the employee’s health condition. Some common types of work restrictions include limitations on lifting heavy objects, restrictions on working at heights, and limitations on exposure to certain chemicals or substances.
4. Are employers required to provide accommodations for employees with work restrictions? In many cases, employers are required by law to provide reasonable accommodations for employees with work restrictions. This might include modifying job duties, providing specialized equipment, or adjusting work schedules. However, the specific requirements vary depending on the jurisdiction and the nature of the work restrictions.
5. Can an employee be fired for having work restrictions? In most cases, employers are not allowed to fire an employee simply because they have work restrictions. Doing so could be considered discrimination based on disability or health status, which is illegal in many jurisdictions. However, there are some exceptions, such as if the employee’s work restrictions prevent them from performing the essential functions of their job even with accommodations.
6. How long do work restrictions last? The duration of work restrictions can vary widely depending on the nature of the employee’s health condition and the recommendations of their healthcare provider. Some work restrictions may be temporary and lifted once the employee has recovered, while others may be permanent.
7. What should an employee do if they believe their work restrictions are not being followed? If an employee believes that their work restrictions are not being followed, they should first discuss the issue with their supervisor or human resources department. If the issue is not resolved, they may wish to seek legal advice to determine their rights and options for recourse.
8. Can work restrictions be appealed or modified? Yes, work restrictions can often be appealed or modified based on new information or changes in the employee’s health condition. Employees should work with their healthcare provider and employer to determine if changes to their work restrictions are appropriate.
9. How can employers accommodate work restrictions? Employers can accommodate work restrictions in a variety of ways, such as providing modified duties, adjusting work schedules, or providing assistive devices. It is important for employers to work closely with employees and their healthcare providers to ensure that accommodations are effective and appropriate.
10. What are the benefits of accommodating work restrictions? Accommodating work restrictions can benefit both employees and employers. For employees, accommodations can allow them to continue working and earning a living, even with health limitations. For employers, accommodations can help retain valuable employees, reduce the risk of legal issues, and create a more inclusive and supportive workplace culture.

In conclusion, work restrictions are an important aspect of ensuring the health, safety, and well-being of employees in the workplace. By understanding common questions about work restrictions and how they are handled, employers and employees can work together to create a safe and accommodating work environment for all.

Work restrictions are super important to a work comp claim. If you have questions about work restrictions, give Frayne Injury Law a call for a free consultation.

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Written By Elliot Frayne

Amazon’s delivery drivers play a crucial role in the company’s logistics, ensuring packages reach customers’ doorsteps in a timely manner. However, this job comes with its share of risks, with work-related car accidents being a significant concern. The fast-paced nature of the job, coupled with tight delivery schedules and unpredictable traffic conditions, can create hazardous situations for drivers. Understanding the challenges faced by Amazon delivery drivers and the impact of work-related car accidents is essential for improving safety measures and supporting these essential workers.

Challenges Faced by Amazon Delivery Drivers

Amazon delivery drivers often work long hours, navigating through various neighborhoods and weather conditions to fulfill their delivery quotas. This demanding schedule can lead to fatigue, increasing the risk of accidents. Moreover, the pressure to meet delivery deadlines can tempt drivers to exceed speed limits or take other risks on the road.

Another challenge is the lack of familiarity with delivery routes. Drivers using GPS navigation systems may be distracted by trying to follow directions, leading to reduced focus on the road and potential accidents. Additionally, the need to locate and park near delivery addresses in congested urban areas can be stressful and increase the likelihood of collisions.

Impact of Work-Related Car Accidents

Work-related car accidents can have serious consequences for Amazon delivery drivers. Injuries sustained in these accidents can range from minor cuts and bruises to more severe injuries such as broken bones or head trauma. These injuries can result in temporary or permanent disabilities, affecting the driver’s ability to work and earn a living.

In addition to physical injuries, work-related car accidents can also cause emotional trauma. The stress and anxiety resulting from the accident can lead to post-traumatic stress disorder (PTSD) in some cases, affecting the driver’s mental health and well-being.

Moreover, work-related car accidents can have financial implications for Amazon delivery drivers. Medical expenses resulting from injuries, along with potential loss of income due to inability to work, can create financial strain for drivers and their families.

Car Accidents that occur on the job are usually considered a work-injury. Consult with a work comp attorney if your work-related car accident has been denied.

Improving Safety Measures for Amazon Delivery Drivers

To address the challenges faced by Amazon delivery drivers and reduce the risk of work-related car accidents, several safety measures can be implemented:

1. Driver Training: Providing comprehensive training to drivers on safe driving practices, including defensive driving techniques, can help reduce accidents.
2. Monitoring and Feedback: Implementing systems to monitor driver behavior, such as speeding or harsh braking, and providing feedback can encourage safer driving habits.
3. Route Optimization: Utilizing advanced route optimization software can help drivers plan their routes more efficiently, reducing the need for rushed or risky driving.
4. Vehicle Maintenance: Ensuring that delivery vehicles are properly maintained can reduce the risk of mechanical failures that could lead to accidents.
5. Fatigue Management: Implementing policies to prevent driver fatigue, such as limiting driving hours and providing adequate rest breaks, can improve driver alertness and reduce accidents.
6. Support Services: Providing drivers with access to support services, such as counseling for stress or trauma, can help address the emotional impact of accidents.

Supporting Amazon Delivery Drivers

Supporting Amazon delivery drivers is essential to ensuring their safety and well-being. This includes providing them with the necessary training and resources to perform their jobs safely, as well as offering support services to help them cope with the challenges they face on the job.

By understanding the challenges faced by Amazon delivery drivers and the impact of work-related car accidents, we can work towards improving safety measures and supporting these essential workers in their important role within the Amazon logistics network.

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Written By Elliot Frayne

In recent years, there has been a significant shift in the way we work. With the rise of remote work and the gig economy, more and more people are working from home. While this shift has brought many benefits, such as increased flexibility and reduced commuting time, it has also blurred the lines between work and personal life. One area where this blurring of lines is particularly evident is in the realm of work-related injuries.

When we think of work-related injuries, we often think of accidents that occur in traditional workplaces, such as factories or offices. However, with more people working from home, the concept of a traditional workplace has become less clear-cut. Home offices are often makeshift, with workers setting up shop at kitchen tables or on sofas. This lack of a dedicated workspace can increase the risk of injury, as these spaces are often not ergonomically designed for long periods of work.

One common work-related injury that occurs in home offices is musculoskeletal disorders (MSDs). MSDs are injuries or disorders of the muscles, nerves, tendons, joints, cartilage, or spinal discs. They can be caused or exacerbated by factors such as awkward postures, repetitive motions, and forceful exertions – all of which are common in poorly designed home workspaces. Common examples of MSDs include carpal tunnel syndrome, tendonitis, and back pain.

To prevent MSDs, it is important to set up your home workspace ergonomically. This means ensuring that your chair is at the correct height, your computer screen is at eye level, and your keyboard and mouse are within easy reach. Taking regular breaks and stretching can also help prevent MSDs. Additionally, investing in ergonomic furniture and accessories, such as a supportive chair and a keyboard tray, can make a big difference in reducing the risk of injury.

Another common work-related injury that can occur at home is eye strain. Eye strain, also known as computer vision syndrome, is a condition that occurs when your eyes become fatigued from staring at a screen for long periods of time. Symptoms of eye strain include headaches, blurred vision, and dry eyes. To prevent eye strain, it is important to take regular breaks from your screen and to position your monitor at the correct angle and distance from your eyes.

In addition to physical injuries, working from home can also take a toll on mental health. The blurring of lines between work and personal life can lead to increased stress and burnout. Without the physical separation of a traditional workplace, it can be difficult to switch off from work and relax. This can lead to feelings of being constantly “on,” which can be detrimental to mental health.

To combat the negative effects of remote work on mental health, it is important to establish boundaries between work and personal life. This can include setting specific work hours and sticking to them, creating a designated workspace that is separate from your living space, and taking regular breaks throughout the day to rest and recharge. It is also important to stay connected with colleagues and friends, even if it is through virtual means, to combat feelings of isolation.

Remote work offers many benefits, such as increased flexibility and reduced commuting time, it also comes with its own set of challenges. The blurring of lines between work and personal life can lead to an increased risk of work-related injuries, both physical and mental. To mitigate these risks, it is important to set up your home workspace ergonomically, take regular breaks, and establish boundaries between work and personal life. By doing so, you can enjoy the benefits of remote work while staying safe and healthy.

If you are injured while working at home, it’s important to consult with a work comp attorney to navigate how best to report and manage the work-from-home work-related injury.

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Written By Elliot Frayne

When it comes to navigating a workers’ compensation claim, having a skilled attorney by your side can make a world of difference. Work comp attorneys are not just legal representatives; they are strategic advocates who can significantly increase the settlement value of your claim. Here are three ways they do it:

1. Legal Expertise and Knowledge: Work comp laws are complex and vary by state. A seasoned attorney understands the nuances of these laws and how they apply to your case. They can assess your situation, identify potential legal issues, and devise a winning strategy to maximize your settlement. From filing the initial claim to negotiating with insurance companies or representing you in court, their expertise ensures that you receive the compensation you deserve.
2. Evidence Gathering and Documentation: Building a strong case requires meticulous evidence gathering and documentation. A work comp attorney knows what evidence is necessary to support your claim, such as medical records, witness statements, and expert opinions. They also know how to present this evidence effectively to strengthen your case. By ensuring that all relevant information is properly documented and presented, they can significantly increase the settlement value of your claim.
3. Negotiation Skills: One of the most valuable assets a work comp attorney brings to the table is their negotiation skills. Insurance companies are known for trying to settle claims for as little as possible. An experienced attorney knows how to negotiate with insurance adjusters to secure a fair settlement. They can push back against lowball offers, leverage their knowledge of the law, and advocate for your rights to ensure that you receive the maximum compensation available under the law.

In conclusion, hiring a work comp attorney can greatly increase the settlement value of your claim. Their legal expertise, evidence gathering skills, and negotiation prowess can make a significant difference in the outcome of your case. If you have been injured at work, don’t hesitate to seek the help of a qualified attorney to protect your rights and secure the compensation you deserve.

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Written By Elliot Frayne

The short answer is no. Asking job candidates about prior work injuries, disabilities, or medical conditions is against the Americans with Disabilities Act (ADA) under federal law. However, employers do need to know if you’re medically capable of doing the job they are hiring you to do. If you’re asked about prior work injuries or disabilities during an interview, you could try saying that you feel you are capable of doing the job you applying for.

Navigating a work injury can be tough. Frayne Injury Law is here to help and offers free, no obligations, consultations. Call or email us today at 952-222-7720 or efrayne@frayneinjurylaw.com.

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Written By Elliot Frayne

We can’t think of a single client that wouldn’t rather have their health over money. The unfortunately reality is that there is no sum of money that will ever fully compensation an injured worker for their injury. So, we encourage everyone to be safe at work and not have an injury to begin with!

With the forecast projecting snow, we suggest you practice safe shoveling techniques, particularly employees who handle snow removal for their workplace.

Also, while the snow may not last long, it could bring the potential for thawing and refreezing. Be aware of icy conditions in the days ahead.

Support safe shoveling and avoid slips and falls by following these tips:

• Start by being physically ready. Before and during shoveling, remember to hydrate, stretch and don’t push beyond your physical limits.
• Check for icy spots first and take care of them immediately by putting down sand or ice melt so that you can prevent slips and falls.

• Use proper shoveling techniques:
• Push the shovel with your leg muscles, not your arms and shoulders.
• Try to push the snow instead of lifting it.
• If you must lift the snow, lift the shovel just like you lift anything else – keep your knees bent, feet wide and head up to maintain the neutral curve in your lower back.
• Keep one foot ahead of the other to give yourself more power and to reduce stress on your lower back.
• Keep your arms as close to your body as possible for power, stability and to reduce strain.
• Avoid twisting your upper body. Keep your feet in alignment with your torso.
• Work at a safe pace to avoid injury. When you’re tired, you may forget to use proper techniques, which could cause discomfort or pain.
• Finally, be sure to take breaks when shoveling and don’t allow yourself to overheat.

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Written By Elliot Frayne

In the realm of workers’ compensation, the journey from injury to recovery can be fraught with challenges. One critical juncture where the right decision can make a world of difference is when surgery is recommended. This is where the power of second opinions comes into play, offering a valuable opportunity for workers to ensure they receive the best possible care and outcomes.

When faced with the prospect of surgery, seeking a second opinion can provide clarity and peace of mind. It allows workers to explore different treatment options and approaches, ensuring they are fully informed before making a decision. Second opinions can also help confirm the initial diagnosis and treatment plan, reducing the risk of unnecessary procedures or complications.

One of the key benefits of seeking a second opinion is the opportunity to consult with a specialist who may have more experience with a particular type of injury or procedure. This can provide valuable insights and alternative perspectives that may not have been considered initially. Additionally, a second opinion can offer reassurance that the recommended treatment is indeed the best course of action.

Another advantage of seeking a second opinion is the potential for a more conservative approach to treatment. In some cases, a second opinion may result in a recommendation for a less invasive procedure or alternative treatment option that could be equally effective. This can help minimize risks and recovery time, allowing workers to return to work and normal activities sooner.

Seeking a second opinion can also be empowering for workers, giving them a greater sense of control over their healthcare decisions. It can help them feel more confident in their chosen course of treatment and ensure they are actively involved in the decision-making process. This can lead to better overall satisfaction with the treatment outcome.

Despite these benefits, many workers are hesitant to seek a second opinion, often due to concerns about offending their primary care physician or delaying treatment. However, it’s important to remember that seeking a second opinion is a common and accepted practice in healthcare. It is your right as a patient to seek additional information and perspectives to make an informed decision about your care.

In conclusion, the power of second opinions in workers’ comp surgery should not be underestimated. They can provide valuable insights, alternative treatment options, and peace of mind for workers facing difficult decisions about their healthcare. By taking advantage of this opportunity, workers can ensure they receive the best possible care and outcomes, ultimately leading to a faster and more successful recovery.

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Written By Elliot Frayne

Choosing a work comp attorney is an important decision. When an injured employee retains an attorney, they put a lot of trust into that lawyer. They trust them to give sound legal advice, take care of their medical bills, and they expect the lawyer to put their clients’ interests before their own. Because of the significance of this decision, it has always surprised me when someone picks a lawyer based on a paid advertisement, such as a TV commercial, billboard or sponsored ad rather than asking a friend or family member if they know a work comp attorney. Just because a lawyer can afford a large advertising budget doesn’t mean they are a good lawyer. But what are people to do when their friends and family don’t know a work comp attorney?

Here is the best way to pick a solid Minnesota workers’ compensation attorney:

You ask the lawyers that represent work comp insurance companies. Yes, you read that right. You ask the lawyers that “play for the other team.” Here’s why.

Insurance defense attorneys interact with us petitioners/plaintiffs attorneys on a daily basis. They know which attorneys respond to their emails, advocate well for their clients, pick up phone calls on Friday afternoons, get good settlement value, screw their clients, ect. If you want to know if an attorney you’re hiring is going to take your calls and respond to your emails, ask a defense attorney. If a plaintiff attorney isn’t responsive to defense attorneys emails. screens their calls, or consistently passes off legal work to their paralegal, I would bet that the plaintiff attorney does the same thing to their clients.

During my 5+ years as a work comp insurance defense attorney, I saw it all and had cases with a majority of the employees attorneys in the state. I knew the good attorneys and bad ones. I knew which attorneys would be easy and settle for cheap and which ones would make my job difficult and maximize value for their clients. I also had a very short list of attorneys that I would recommend to a friend or family member. Unfortunately, if you were to ask me now, my opinion would be biased about who the best work comp petitioner/plaintiff attorney is in the state. Google any one of these firms and call their desk saying you’d like to speak with a work comp defense attorney or go to an individual attorney’s bio and call their direct line if listed:

1. Aafedt Forde Gray Monson & Hager
2. Brown & Carlson
3. Fitch Johnson Larson
4. Heacox Hartman
5. McCollum Crowley

Even though I doubt I’m on many defense attorneys’ recommendation list at this stage, I want what’s best for the injured workers of MN. If there are other work comp attorneys out there that are better than me, you should hire them.

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 most cases, the answer is yes.

Under Minnesota workers’ compensation law, the employer/insurer is entitled to an independent medical examination of the employee for any injuries claimed.  Many times this will occur during your case while you are receiving benefits.  In other cases, when your Minnesota work comp claim has been denied from the beginning, it will occur after the filing of a Claim Petition.

The filing of the Claim Petition triggers a requirement that the Independent Medical Examination occur within 120 days.

The term “Independent Medical Examination” is a misnomer.  These examinations are anything but independent.  The doctor conducting the examination is paid by the insurance company.  Although many of these doctors are reputable and provide an honest opinion of your medical condition, the insurance company and employer hire these doctors because they are conservative in their approach to medicine and often opine the injured worker is no longer entitled to benefits.  If a doctor provides an opinion contrary to this narrative too often, the work comp insurer simply stops asking them to perform examinations. The IME doctors know this.

Despite the fact that from the outset you may believe that you should not be required to attend an examination that is more “adverse” than it is “independent” you must remember that  you are required by the rules to attend this independent medical examination.  Failure to attend can result in a suspension of your Minnesota work comp benefits.

You are entitled to reimbursement of reasonable travel expenses, such as mileage, and cost of meals (in some cases), and any lost wages resulting from your attendance. Additionally, the IME must take place within 150 miles of your residence. You can even request that mileage be pre-paid if you’re struggling to make ends meet.

After the independent medical examination, you will receive a report outlining the doctor’s opinions.  Many times this report will be accompanied by a letter from the insurer stating that your Minnesota work comp benefits will be discontinued and you have reached what is called maximum medical improvement.

Effective October 1, 2023, an employee is legally entitled to have a witness of their choosing attend the IME with them. https://www.revisor.mn.gov/statutes/cite/176.155

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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