Does My Injury Qualify for Workers' Compensation in Minnesota?

October 18, 2012 (Press-News.org) Handling a workers' compensation claim may seem daunting, especially when you are dealing with injuries and medical bills. Yet, with the right help, it does not have to be an overwhelming task. In fact, determining whether you qualify for workers' compensation can sometimes be a simple process.

There are a few elements that you must show to prove that your injury is a qualifying injury for workers' compensation purposes:
- Are you an employee? Your employment status matters for workers' compensation purposes. For example, independent contractors are generally not considered employees.
- Does your employer carry workers' compensation insurance? If not, you may be able to bring a personal injury claim against your employer instead.
- Did your injury occur at work? If not, did your injury occur while you were on the job or doing an employment-related task? Injuries that occurred during work-related activities can include injuries suffered at the worksite, during offsite work, while traveling to another work site and at work events.

Physical Injuries

Physical injuries that happen at work are the most common types of injuries for workers' compensation claims, and are generally the easiest to prove. If, for example, you fell and broke your leg while stocking groceries, you are likely entitled to workers' comp.

However, there are also some gray areas.

When difficulties arise, it is usually because the employer or workers' compensation insurer decided to challenge an employee's injury, claiming it did not happen at work. This often happens when an injury seems only partly related to work. For example, there may be gray areas when an employee claims his or her carpal tunnel was caused by job duties or when someone is involved in an accident while driving somewhere for both personal and business reasons.

Illnesses

Illnesses caused by work-related or occupational diseases are also covered by workers' compensation. Generally, you must show that there is a direct connection between your illness and your work activities. Your work must be a "substantial contributing cause" of the illness or disease. You must also show that the illness prohibits you from working.

Mental Illnesses

Minnesota workers' comp also covers mental injuries suffered while on-the-job as long as they have a physical component. For example, stress caused by something that happened at the workplace and that lead to an ulcer may be covered.

Mental injuries can be especially difficult to prove, since employers and insurers tend to think these injuries are more subjective than physical injuries. They may argue that your mental condition was not caused by work or that it may not even exist.

Aggravation of Preexisting Injuries

A third category of injuries covered by workers' compensation are injuries that were preexisting but were aggravated by work-related tasks. Determining if your work caused an aggravation of preexisting injuries can also be difficult. Some injuries are black-and-white, such as a re-injured back caused by lifting heavy objects at work. Others are not so clear. Take, for example, someone who had wrist or arm pain before being hired for a desk job but whose wrist pain got worse while working the job. Did the job aggravate his or her carpal tunnel?

Employers often do not want to take responsibility for keeping you safe, but they must do so, no matter what your pre-existing conditions. If your work activities aggravate a condition, then you are entitled to workers' compensation.

What Injuries Are Not Covered By Workers' Compensation?

Certain injuries are not covered by workers' compensation, including:
- Injuries that did not occur in the scope of employment
- Intentional injuries
- Mental stress injuries that do not have a physical component to them
- An injury where there is an overriding cause unrelated to work
- An injury where the employee was doing an activity he or she was specifically told not to do
- Conditions that cannot be measured objectively

However, just like with injuries that are covered by workers' compensation, those that are not covered also have some gray areas. For example, an injury that occurs while someone is goofing off at work is covered by workers' comp as long as the employer did not specifically tell the employee to avoid the activity that caused the injury.

Bringing a Workers' Compensation Claim

After you have determined that your injury is a work-related injury, the next step is to initiate your workers' compensation claim. Your employer will need to fill out a First Report of Injury form (FROI), which starts the process. Then, your employer's insurance company will send you a copy of the Notice of Insurer's Primary Liability Determination form that will say whether your claim has been accepted or not.

If your claim has been denied or you disagree with the amount of benefits you have received, there are options for appealing that decision.

What Compensation Can I Recover?

If you have been injured on the job, it is vital that you recover compensation for your injuries. By bringing a workers' compensation claim, you may be able to recover compensation for:
- Any reasonable and necessary medical care
- Partial loss of income
- Vocational rehabilitations
- Permanent damage to certain body functions
- Mileage for travel necessary for medical care or vocational rehabilitation
- Death benefits if the work injury is fatal

To learn more about what injuries are covered by Minnesota workers' compensation and how you can receive compensation for those injuries, speak with an experienced injury lawyer.

Article provided by Midwest Disability PA
Visit us at www.midwestdisabilityworkcomp.com