Skip to main content
Benjamin John Heimerl

Benjamin Heimerl’s Answers

17 total


  • Can I get a previous employer to pay for medical, loss of wages, etc. due to illness related to a workers comp claim?

    I was injured at my previous place of employment in Minnesota and filed a workers comp claim. I am no longer with that company and working elsewhere in the same field (healthcare). I have recently been experiencing many health issues that might be...

    Benjamin’s Answer

    Yes! Your workers compensation claim is specific to that date of injury and that employer. If you switch employers your workers compensation claim stays the same, meaning you still have a claim against your old employer. Depending on the facts of your situation you may even have a new claim against your current employer for an aggravation of your previous injury. You should talk to an experienced Minnesota workers compensation attorney.

    See question 
  • Dislocated my knee at work. . if they cut me a check after they pay my medical bills what should I be expecting?

    I will never be able to kneel or crawl again. I will also likely just dislocate my knee several times again in my life.

    Benjamin’s Answer

    Sorry to hear about your injuries. I do practice work comp and It's difficult to say without more information and time. Work comp provides wage loss, medical treatment, job placement, payment for permanent loss of function and sometimes vocational retraining. The full amount of your damages may not even be evident yet. You should contact a work comp attorney and discuss where to go from here.

    See question 
  • I have a work comp claim in process and have been wanting to quit my job prior to injury, what are the ramifications of doing so

    I have been injured for the last 9 months, off work for the last two months, and scheduled to return soon. I have wanted to quit this job long before my back was injured. I have been instructed not to quit so I have stayed on. 9 months later I am ...

    Benjamin’s Answer

    I always advise my clients not to quit if they can. Its better to be fired than quit. However, its much more complicated than that. You will not lose all of your benefits if you quit. You could be precluded from claim wage loss from the day that you quit until the day you get a new job, and if you quit a higher paying job to take a lower paying job you might not get paid that wage loss either. The idea of wage loss it that comp pays for wage loss caused by the injury, if you quit, the wage loss is caused by your decision to quit not the injury. There are a few scenarios where you could quit and still get wage loss. Moreover, even if you don't get wage loss, it does not mean you claim is done or you couldn't get wage loss in the future if you started losing wages because of the injury again. As I said this is a complicated issue and I would advise you to talk to an attorney and go through all the options before making a decision. Sometimes the answer is quitting and preserving your mental health and your overall well being rather than a few weeks or months of wage loss. I hope this helps.

    See question 
  • Injured in 2011 due to negligence at work from my employer.. Now years later still dealing with injuries and impacted my ability

    I was working as a laborer on a project at Pentair also know as Hoffman and the project I was doing was to dissemble machine part racks... Basically I was with a group of about 5 people per shift and while working I was struck in the head with a c...

    Benjamin’s Answer

    You should contact an attorney immediately. The length of time between the injury and now has already made any attorney's job more difficult, but based on what you say you may still have a claim. It will depend on the exact date of the injury and if a first report of injury was filed. Do not let more than 3 years from your date of injury pass or your claim may be forever barred.

    See question 
  • Injured at work, have rsd, my lawyer made me have bone scan, negative. How much will this hurt me when it comes to settlement?

    Injured at work in 2010. Broken leg which did not heal had to have rod inserted into leg. I have had rsd from the beginning. Second surgery made it worse and now includes knee. My doctor is well known for rsd. IME of course was negative. Was to ha...

    Benjamin’s Answer

    First, you should speak openly with your attorney about your concerns with the case and his representation. You have the right to feel confident with your attorney and the direction the case is heading. If it's the results you are unhappy with that may not be your attorney's fault. He or she might be doing everything they can. However, you do not like your attorney's style, or strategy, and do not feel confident with his representation, you should know that you do have the unquestionable right to switch attorneys at any time.

    Second, the negative bone scan did not torpedo your case. I have seen many clients with a negative bone scan and still have RSD. There are many other symptoms work comp rules look for to diagnose RSD .

    I hope this helps!

    See question 
  • After being injured at work and being on workman's comp the problem is reoccurring. At this point do I need to hire an attorney?

    I was injured at work. I had shoulder surgery and I was on workman's comp for for about a year. I went back to the job, doing the same thing (production, i.e., packing boxes on a production line). Now my shoulder problem is re-occurring. I can not...

    Benjamin’s Answer

    • Selected as best answer

    You should most definetly hire an attorney! On its face this is a good work comp claim. If you feel like they want to fire you experience tells me they probably do. Whatever you do, don't quit! It's better for your claim to be fired for not being able to do your job. Don't do anything stupid to get fired either. Contact an attorney.

    See question 
  • Can I sue a shelter for wrongful accusations and they Kicked me out?

    I got kicked out of a shelter because they said I was running around the shelter and trying to get into a female room and I had a butter knife and a mask on. The Lady has 3 different stories and I wasn't even around and have alibis for all 3 times...

    Benjamin’s Answer

    You may have a claim, but you weren't arrested so the damages may not out justify the costs of a law suit.

    See question 
  • What can be done for a dog bite incident?

    My 5 year old was playing at a neighbors house with their 5 year old when their 2 dogs started fighting ( a pit bull and a golden retriever). My daughter got caught in the middle of the fight and the pit bull stepped on the right side of my daught...

    Benjamin’s Answer

    Sorry to hear about your daughter. The hospital should submit the bills to your health insurance and you health insurance should pay the bills. In turn they can get paid back if and when you get money from the homeowners. You should contact an attorney and have your case evaluated further.

    See question 
  • Can my employer refuse to allow me to work because of light duty restrictions?

    I have acute diverticulitis and a perforated colon so my doctor doesn't want me lifting more than 25 pounds. The owner of the company specifically said I couldn't return to work at his company until I have no restrictions.

    Benjamin’s Answer

    Your employer is required to make reasonable accommodations and provide light duty work if available. Unfortunately, they are not required to create a light duty job for you, and the definition of what is reasonable is always up for debate. I see this all the time, and if your primary job description requires you to be able to lift more than 25 lbs, they probably have a right to keep you off work. Work comp should continue to pay you while your off. Also, file for Family Medical Leave (if you qualify) in order to hold your job for the next 12 weeks.

    See question 
  • Am I still covered under work comp after being fired ?

    I have worked for the same company for 20 years. For the last 15 years I have back problems due to my job, I have been on work comp a few times. I was terminated and would like to know if there work comp still covers my back problems, terminatio...

    Benjamin’s Answer

    As long as your back injury is an admitted claim and you have not settled the issue medical treatment for a work injury is open for life in Minnesota. So, you should be able to get medical coverage for you back if it is an admitted work injury. Your termination would have no impact on your workers compensation claim when it comes to medical coverage. With that said, the insurance company may still deny certain treatments if they feel the treatment are not reasonable and/or necessary. If they do deny any treatment you have the right to get an attorney and fight that decision.

    See question