Where previous medical treatment has been subsequently denied, or where prescribed medical treatment will not be pre-authorized, the solution is a simple one. A "Medical Request" or an "Employee's Claim Petition" can be filed with the Workers' Compensation Courts to get previously received medical paid for, or to get prescribed treatment for the future pre-authorized. Simply because the insurance company says that they will not pay for these services does mean that you have to accept that. You have the right to put request before a Judge. If the Judge approves, the insurance company is ordered to pay for the past, present or future medical treatment that your Doctor has prescribed. Court dates can be obtained concerning denied treatment in some circumstances in as little as thirty to forty days.
What if my Employer will not take me back with restrictions?
If your employer cannot modify your old job to take you back to work, or if they cannot accommodate you elsewhere within their facility, you are likely entitled to wage loss benefits. These wage loss benefits would continue until they can return you back to work.
What happens if I am fired?
The first thing to do would be to get a QRC (Qualified Rehabilitation Consultant) appointed to you who can help you put together a resume. The QRC will provide you with job leads to get you back to work as soon as possible within your work restrictions. The cost of the QRC is paid for by the insurance company. While you are job searching, you are likely entitled to wage loss benefits while you look for work.
My new job pays less, what can I do?
The answer is no. Assuming that we can show that the wage loss is a result of your workers' compensation injury, the insurance company is required to pay 2/3 of the difference between your old wage and your new wage. For example, if your gross wage was $400.00 per week at the time of the injury, and your new job pays $300.00 per week gross, you have a $100.00 loss. The insurance company is required to pay 2/3 of the loss, or $66.66, in a separate additional check to you above and beyond the $300.00 check you get from your new employer.
How much will I receive?
The Minnesota legislature has rated your body with separate and distinct percentages. Each percentage point varies, but on average is worth between $750.00 -- $900.00 per percentage point. For example, a 5% permanent partial disability rating (ppd) equals $3,750.00. A 10% rating equals $8,000.00. A 15% rating equals $12,750.00. Importantly, while some injuries have specific ratings, other injuries can have numerous ratings that apply that can range from 5% - 15% in difference.
What if I cannot afford a lawyer?
We are paid on a contingency fee basis only. This means a percentage only if we win. If we lose, you owe no fees.