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Luke Smith — Mon, 22 Apr 2024 19:01:08 +0000

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What is a QRC in Minnesota?

Luke Smith — Mon, 08 Apr 2024 15:10:16 +0000

The objective of a Qualified Rehabilitation Consultant (QRC) is to help injured workers return to suitable gainful employment. QRCs accomplish that by communicating with doctors and employers about restrictions, helping with job searches, and arranging retraining. That process is called vocational rehabilitation.

Employees have the right to choose their own QRC. Employees also have the right to have an attorney in any dispute about vocational rehabilitation.

Why Would an Injured Worker Need a QRC?

Injured workers can face multiple barriers to their return to work. To name a few common ones:

Doctors may not explain activity restrictions clearly or completely;
Employers may not explain job requirements clearly or completely;
Employers may need prompting to explore light-duty work availability;
Injured workers may be unable to identify job opportunities that are available within their medical restrictions; and
Injured workers may need training, licensure, or education to qualify themselves for work available within their medical restrictions.

QRCs are licensed and trained to identify and solve those problems. They contact employers to understand the physical requirements of the job. They clarify with doctors what the employee can and cannot do. They work with employers to find work within the employee's medical restrictions.

Sometimes there just isn't any work available to injured workers with their employers. QRCs will help injured workers find work elsewhere, as close in pay as possible to what they were making before the injury.

The objective is to restore injured workers to the economic status that they had before the injury. If that is not possible based on their qualifications and restrictions, the Qualified Rehabilitation Consultant may help set up retraining.

Who is Eligible for Vocational Rehabilitation?

Injured employees are eligible for vocational rehabilitation services when these three things are true:

The employee cannot do their usual job anymore because of the work injury;
The employer cannot provide suitable gainful employment; and
Vocational rehabilitation will benefit the employee.

A QRC will do an initial rehabilitation consultation with the employee and assess whether the employee meets those requirements. The QRC will then write out a plan to help the employee return to work (a rehabilitation plan). He or she will file the rehabilitation plan with the Minnesota Department of Labor and Industry.

Right to Choose a QRC

The insurance company may assign a QRC to meet with the injured worker. However, employees have the right to choose their own QRC within 60 days. It is important for injured workers to carefully consider this choice.

There is a reason that the Minnesota Workers Compensation Act specifically allows injured workers to choose their own QRCs. There may come a time when the employee and the workers’ compensation insurer disagree about the rehabilitation plan. Most people would rather have a QRC that they chose, than one chosen by the other side.

Disputes About Vocational Rehabilitation

It is very common for work comp insurers and employees to disagree about rehabilitation benefits. These disputes can be resolved relatively quickly by an arbitrator at the Department of Labor and Industry. Commonly disputed issues include:

Whether the Employee is entitled to a rehabilitation consultation;
Whether the Employee is a qualified employee for rehabilitation benefits;
The content of the rehabilitation plan; and
Whether the Employee is entitled to retraining.

Employees have the right to be represented by an attorney in these disputes. If the dispute involves only rehabilitation benefits, then the employee does not have to pay attorney fees.

LawSmith PLLC is a legal practice that represents employees in workers' compensation cases. A free consultation with an experienced workers’ compensation lawyer is available to Minnesota injured workers on request.

Workers Compensation for Mental Health in Minnesota

Luke Smith — Mon, 25 Mar 2024 05:08:13 +0000

Mental illness is a prevalent problem in the United States. A 2005 study published in the Archives of General Psychiatry estimated that about half of Americans will meet the criteria for a DSM-IV disorder sometime in their life. Stressful working conditions are often part of the problem.

Unfortunately, the availability and adoption of mental health treatment remain problematic. According to the CDC, only 57% of employees who report moderate depression and 40% of those who report severe depression receive treatment to control depression symptoms. There have been some federal regulations that have sought to place the availability of mental health treatment on equal footing with other medical and surgical treatments.

The Minnesota Workers Compensation Act has not quite kept pace. However, workers’ compensation does, in some instances, provide coverage for mental health conditions. Workers’ compensation covers not only medical treatment, but also lost wages, permanent partial disability, and rehabilitation benefits. Workers’ comp benefits can be an important safety net for injured workers.

Workers Compensation Statute

Workers’ compensation claims include medical, rehabilitation, permanency, and wage loss benefits for injured workers. Minnesota workers’ compensation law requires employers to cover injuries or illnesses that “arise out of and in the course of employment.” The law has significant limitations for mental health injuries but does provide coverage for them in some circumstances.

Workers’ compensation will cover PTSD caused by employment. It will only cover other mental health issues if they result from or result in a physical injury. In practice, workers’ compensation sometimes covers these psychological conditions:

Depression;
Anxiety Disorders;
Adjustment Disorder; and
Post-Traumatic Stress Disorder (PTSD).

This is not an exhaustive or exclusive list. Those are generally the psychological conditions that tend to result from physical injuries.

Mental Stimulus Resulting in a Psychological Injury

The definition of an injury under the workers’ compensation statute describes psychological injuries using this language:

“Physical stimulus resulting in mental injury and mental stimulus resulting in physical injury shall remain compensable. Mental impairment is not considered a personal injury if it results from a disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement, or similar action taken in good faith by the employer.”

The statute acknowledges that employees can and do suffer from psychological conditions that result from the work environment. However, the law excludes many of those conditions from coverage and only covers psychological injuries or impairment in these three situations:

Physical stimulus resulting in a psychological injury;
Mental stimulus resulting in a physical injury; or
Post-Traumatic Stress Disorder.

The sections that follow explain each of those three situations.

Physical Stimulus Resulting in a Psychological Injury

The law does provide coverage for psychological conditions that were caused by a physical stimulus. This usually comes up when an employee begins to suffer from depression or anxiety because of a physical injury.

Example 1:

Employee John suffered a lifting injury to his lower back at work. Several years and surgeries later, Employee John continued to experience chronic lower back pain.
Employee John socialized less often, slept longer, and struggled to find motivation for activities. His doctor suggested that he see a psychologist.
The psychologist diagnosed Employee John with situational depression as a result of chronic pain syndrome. The psychologist recommended individual therapy and medication.

In this example, the “physical stimulus” is lower back pain and the “psychological injury” is depression. Employee John may be entitled to workers’ compensation benefits for depression.

Example 2:

A metal beam hit Employee Jennifer in the head at work. She suffers a concussion.
Jennifer had nausea, confusion, light-headedness, and difficulty forming memories for several months.
Jennifer started to avoid social situations due to extreme nervousness. Her thoughts raced. She had difficulty sleeping.
Jennifer's neurologist referred her to a psychologist. The psychologist diagnosed Jennifer with anxiety as a result of the concussion, and prescribed medication.

Jennifer may have a workers’ comp claim for anxiety. Practitioners often refer to this type of case as a “consequential psychological injury.”

Mental Stimulus Resulting in a Physical Injury

The law also provides coverage for “mental stimulus resulting in a physical injury.” An example of this would be extreme workplace stress that caused a heart attack. Alone, stress and anxiety are not covered. However, if that same workplace stress causes a physical ailment, then it is a compensable injury.

Post-Traumatic Stress Disorder (PTSD)

Minnesota workers’ compensation laws treat PTSD differently than other psychological conditions. The rules described above do not apply to PTSD. If PTSD is caused by a traumatic event that arises out of and in the course of employment, then PTSD is covered by workers’ compensation just as any physical injury would be. In order to be covered, PTSD must be diagnosed by a licensed psychiatrist or psychologist.

Ordinarily, the employee must prove that PTSD was caused by a work-related traumatic event. However, if the employee is a first responder that is first diagnosed with PTSD during the employee’s time as a first responder, then PTSD is presumed work-related. These employment situations are entitled to that presumption by law:

Licensed police officer;

Firefighter;
Paramedic;
EMT;
Licensed nurse that provides emergency services outside of a facility;
Public safety dispatcher;
Correctional officer;
Security counselor employed by the state or political subdivision at a corrections, detention, or secure treatment facility; and
Sheriff or full-time deputy sheriff.

The insurance company can nonetheless deny a first responder's PTSD claim under some circumstances. PTSD is not compensable if it was caused by disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement, or similar actions.

Burden of Proof

Psychological claims tend to be more challenging to prove than physical injuries. If an employee breaks her arm at work, an x-ray will conclusively show that the arm is broken. There will usually be evidence of an observable event that would have broken anyone’s arm. Psychological injuries, by their nature, leave behind little objective evidence. Typically, the injured will recount when and how the symptoms began to a mental health professional. That mental health professional will then give an opinion as to the diagnosis and cause. If the court believes that the injured worker’s description and the medical opinion are both reliable, then the court may find a psychological injury.

Conclusion

Does workers’ comp cover mental health? In Minnesota, an employee can use workers’ comp for mental health if it is:

PTSD caused by a work-related traumatic event; or
Another psychological condition caused by a physical work-related injury.

The law does not exclude any psychological condition. Generally, the compensable conditions tend to be depression, anxiety, adjustment disorder, and PTSD.

LawSmith PLLC is a legal practice that represents employees in workers' compensation cases. A free consultation is available to Minnesota injured workers on request.

How Much Does Hiring a Workers Comp Lawyer Cost?

Luke Smith — Mon, 11 Mar 2024 17:06:15 +0000

Minnesota workers compensation laws limit fees for attorneys that represent injured workers. Workers compensation attorneys do not charge for the initial consultation. They do not charge an upfront payment.

Minnesota workers comp attorneys work on a contingent fee. They only charge a fee if they recover benefits for the employee. The law limits attorney fees to 20% of benefits recovered.

Monitoring Admitted Claims

Injured workers often retain an attorney before the insurer denies any benefits. The attorney will then “monitor” the workers comp case. If the insurance company voluntarily pays the workers compensation claim, then there is no attorney fee.

In Minnesota, attorneys representing employees in workers compensation cases do not charge a fee unless and until:

1) The insurer denies workers comp benefits; and

2) The attorney recovers those benefits.

Unfortunately, insurance companies often improperly refuse to pay workers comp claims. The attorney will presumably take legal action to recover those benefits for the employee. There are three ways to win your case:

1) Settlement;

2) Court order; and

3) Capitulation (the insurer changes its mind and pays).

The law firm will not charge a fee until the insurer has made the payment.

Wage Loss, Permanent Partial Disability, and Lump Sum Settlements

Wage loss benefits, permanent partial disability benefits, and settlements are all payments to the injured employee. Attorney fees are limited to 20% of those amounts. When the insurance company makes the payment, it will withhold 20% for attorney fees and pay the rest to the employee.

Example:

Employee John has a workplace injury. His doctor tells him not to return to work until his condition improves.
Mega Insurance Company starts paying Employee John $1,000 per week for wage loss.
Mega Insurance Company claims that the injury healed and stops making the weekly payment. Employee John hires Lawyer Lyle, who requests an administrative conference.
After the administrative conference, the compensation judge orders Mega Insurance Company to keep paying weekly benefits.
Mega Insurance Company will now pay $800 each week to Employee John and set aside $200 each week for attorney fees.

Partial Reimbursement of Attorney Fees

The workers comp system allows employees to seek reimbursement for some of their attorney fees. It is common practice for insurance companies to ask employees to waive this right as part of settlement. For that reason, employees usually only get reimbursed after they recover benefits by court order. The employee can request reimbursement for 30% of attorney fees over $250.

Example:

A compensation judge orders Mega Insurance Company to pay Employee John $11,250 in permanent partial disability benefits.
Mega Insurance Company sends a check to Employee John for $9,000 and withholds $2,250 for attorney fees.
Lawyer Lyle files a request for Mega Insurance Company to pay Employee John another $600 reimbursement of attorney fees.

Medical Benefits and Rehabilitation Benefits

Workers compensation insurance companies must pay for medical treatment and rehabilitation benefits. Insurers make those payments to the rehabilitation and healthcare providers, not to the employee.

Injured workers often hire attorneys to get medical bills paid. The attorney can bring a claim for attorney fees against the insurance company. If the claim is only for medical bills, then the employee does not pay an attorney fee at all.

If the claim is for medical bills and wage loss benefits, then the employee only pays the 20% fee from the wage loss benefits.

Conclusion

There is no upfront cost to retain a workers compensation lawyer. If the insurance company never denies any benefits and the case is not settled, then there is no attorney fee at all. If the claim is only for medical bills, then the employee does not pay an attorney fee at all. If the attorney recovers benefits paid to the employee, then the attorney fee is 20% of the payment.

LawSmith PLLC offers a free consultation to Minnesota injured workers.

Does Workers Compensation Cover Independent Contractors?

Luke Smith — Tue, 27 Feb 2024 03:33:03 +0000

Does workers compensation cover independent contractors? Not likely.[1] But as usual, the devil is in the details. In Minnesota, a great many workers that are characterized as "independent contractors" are in fact employees. For someone paid under a 1099 that has been injured on the job, another good question would be: “How do I know whether I am an independent contractor, or an employee covered by workers compensation?”

General Rule

An independent contractor is generally someone who is running a business that serves multiple customers with special expertise or skill that the customers don’t have, for a profit. An employee is generally someone who is being paid for his or her time to perform a task. The difference between an employee and an independent contractor boils down to two things:

Control: If a worker is only being paid by one person or company, is being told what time to arrive at work, what tasks to do, and when, that sounds like an employee. On the other hand, if a worker has multiple paying customers and is being told what result is needed, but the worker is deciding when and how to achieve that result, that sounds like an independent contractor.
Financial Risk: If a worker is being paid hourly, and does not have insurance, business assets, or recurring costs, that sounds like an employee. On the other hand, if a worker has a registered business, insurance, investment into the business, advertises, and is being paid per job, that sounds like an independent contractor.

It is important to note that whether the worker was paid by 1099 or W2 matters, but it is certainly not the only thing that matters.

Construction Industry

The issue of whether an injured worker is an employee or an independent contractor comes up most often in the construction industry. Many construction projects are carried out in a manner something like this: Company A bids a job, collects a fee from the customer, orders the materials, and then sends Person A a flat fee and a work order. Person A hires Person B and Person C, and pays them both a daily or hourly rate to help install the materials according to the work order. Company A considers Person A to be an independent subcontractor, and Company A has no idea who Person B or Person C is. Person A considers Person B and Person C to be independent subcontractors.

More details matter, but there is a fair chance that Person A is an employee, and an even higher chance that Person B and Person C are employees. If any of those workers are injured on that job site, they may be entitled to workers compensation benefits.

Here are the details that matter most:

· Is the injured construction worker registered with the Department of Labor and Industry as an independent contractor?

· Does the injured construction worker have a business registered with the Secretary of State?

· Were the invoices and payments for the work on the job site made to the name of that business?

If the answer to all three of those questions is yes, then the injured construction worker might be an independent contractor. If the answer to any one of those questions is no, then the injured worker is likely an employee and is likely covered by workers compensation. In practice, workers situated similarly to Person B and Person C often are not registered with the Department of Labor and Industry and often are paid cash, so they are likely to be employees.

Other Industries

There are several industries other than construction that have industry-specific rules, including nurses, taxi drivers, babysitters, laborers, musicians, and several other categories. The full list of occupation-specific rules is available on the website of the Office of the Revisor of Statutes. Any occupation that does not have a specific would fall under the general rule discussed above.

Conclusion

It is not safe to assume that anyone paid by 1099 is an independent contractor. Anyone who has sustained a work-related injury and is not sure whether he or she is an independent contractor or an employee should seek legal advice. LawSmith PLLC will provide a free consultation upon request.

[1] Independent contractors can purchase workers compensation insurance and elect coverage for themselves, in which case they would be covered under their own policies. Otherwise, they would not be.

What is a Notice of Intention to Discontinue Workers' Compensation Benefits (Minnesota)?

Luke Smith — Mon, 11 Mar 2019 17:15:07 +0000

This video explains the meaning of a Notice of Intention to Discontinue Workers' Compensation Benefits, and addresses how and when it can be disputed. This video is general and is relevant only in Minnesota. For a specific analysis of your Notice of Intention to Discontinue with no cost or obligation, please fill out the Contact Form at: https://www.mnlawsmith.com/free-consultation

How Long Do Workers’ Compensation Benefits Last in Minnesota?

Luke Smith — Mon, 11 Mar 2019 17:07:41 +0000

If an employee is unable to work due to a work-related injury, the employee is entitled to wage replacement benefits (or “temporary total disability benefits”). At most, an employee can collect temporary total disability benefits for 130 weeks.[1] However, 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.[2] Common reasons that insurers use to stop paying temporary total disability benefits are listed below.[3]

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.”[4] 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.

[1] Minn. Stat. § 176.101, Subd. 1(k).

[2] Minn. Stat. § 176.101, Subd. 1.

[3] Less common reasons include failure to cooperate a rehabilitation plan, unreasonable refusal of medical treatment, and withdrawal from the labor market.

[4] "’Maximum medical improvement’ means 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, irrespective and regardless of subjective complaints of pain.” Minn. Stat. § 176.011, Subd. 13(a).

What Is A Work-Related Injury?

Luke Smith — Mon, 11 Mar 2019 17:05:52 +0000

Most Minnesota employers are required to maintain insurance coverage that provides benefits to employees that get hurt on the job. The purpose of this article is to explain what qualifies as being hurt on the job such that workers’ compensation benefits are payable. A medical condition qualifies for workers’ compensation benefits if it “aris[es] out of and in the course of employment.”[1] In other words, a medical condition that was caused by the work environment during work hours qualifies for workers’ compensation benefits.

Multiple Causes: A medical condition that has multiple causes qualifies for workers’ compensation benefits so long as one substantial cause is the work environment. For example, an employee with a history of back pain, who has an onset of worse back pain while lifting a box at work may have sustained a work-related injury. Those facts would suggest that an underlying back condition combined with strain from lifting the box (the work environment) may both have contributed to a medical condition that resulted in more severe back pain.

Repetitive Stress Injuries: Some work-related injuries happen in an instant, while others happen slowly over time. A classic example would be carpal tunnel resulting from extended periods of typing.

Slip/Trip and Falls: Slip or trip and falls in or around the workplace are work-related injuries. In general, a slip or trip and fall in the parking lot outside of work will usually be work-related.

Employee at Fault: An injury resulting from an accident that is the fault of the employee is a payable work-related injury.

Travel: A car accident occurring during travel for a work-related purpose will result in a work-related injury. However, a car accident occurring on the way home from work (or to work from home) will usually not be work-related.

To paint with a broad brush, the questions are: 1) Did the thing that injured me have something to do with work? And 2) Did that thing injure me during work hours? If the answers to both of those questions is “yes,” or “in part,” then there is a good chance that the injury will result in a workers’ compensation claim. If you are unsure whether your injury is work-related, you do not have to take the insurance company’s word for it. LawSmith PLLC will provide you with a legal opinion as to whether your injury is work-related at no cost and no obligation. Request a Free Consultation today!

Minnesota Workers Compensation Law

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