If the work comp insurance carrier is paying all the benefits to which you are owed, then no fees are charged. All workers’ compensation attorneys are paid the same in the State of Minnesota: 20% of wage loss benefits recovered after a dispute. These fees are paid directly to your attorney from the insurance carrier so you do not have to worry about writing a check. You also do not have to pay any money up front or any kind of retainer.
If there is a dispute over medical care and treatment, then the attorney will charge the insurance company on an hourly basis for the work done for procuring the employee’s medical care. These fees are called Roraff fees and are separate and distinct and do not come out of money owed to the injured worker.
Why do I Need an Attorney?
(1) It’s helpful to have an attorney handling your case because you can consult him or her with your questions and concerns, and trust that you are getting accurate information from someone with your best interest in mind. An attorney will answer you questions in a timely fashion and ensure that your interests are put above the interest of the insurance company.
(2) Work comp attorneys in the State of Minnesota work on a contingency basis, therefore, you can call and ask your attorney questions or even meet with your attorney without worrying that you will be billed for every minute you spending talking with them.
(3) The adjuster assigned to your case will be speaking and consulting with their own attorneys, looking for ways to save the insurer and employer money.
(4) Attorneys can help you avoid a dispute before one arises. For example, your attorney may advise you not to turn down a light duty position. If you turn down the light duty position, then the adjuster from the insurance company may use this as a reason to cut off your Temporary Total Disability (TTD) benefits.
(5) An attorney can help you choose your own Qualified Rehabilitation Consultant or “QRC.” An injured worker may choose his or her own but the insurance adjuster will not inform you of that option.
(6) The adjuster can take a recorded statement, which is like a deposition but less formal. Having an attorney present for this can help ensure the adjuster is asking the appropriate questions.
(7) Even if the insurance company is paying ongoing workers’ compensation benefits and medical benefits the adjuster may still send you to an Independent Medical Exam or an “IME.” This doctor is not independent and does not have your best interests in mind. The purpose of this examination is to give the insurance company a reason to discontinue your benefits. An attorney will prepare a summary of your medical records and specific questions to your treating doctor so that the doctor can combat the IME’s report with a narrative report.
(8) If you wait until you retain an attorney when the insurance company does cut off your benefits, it will take more time for your attorney to become familiar with your case and request medical records as well as records form the Department of Labor and Industry, which may delay the time in which your wage loss benefits are reinstated.
Meuser Law Office, P.A. is one of the few workers’ compensation law firms in the state of Minnesota that also handles PERA and MSRS disability claims. We’ve successfully represented hundreds of State Patrol, police officers and firefighters throughout the state for both workers’ compensation and PERA/MSRS disability claims. Sitting down with us for a consultation to learn more about your potential claims is a lot like financial planning. We can explain what rights you have and make recommendations to you in terms of how to best protect your rights to those benefits. The knowledgeable attorneys at Meuser Law Office, P.A. can help make the process easier to navigate. Contact us today for a free, no-obligation consultation by calling 1-877-746-5680.
by Mary BethMore posts by Mary Beth
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