There are a lot of statements and claims about work comp settlements in MN that are simply not true. These misunderstandings may prevent injured employees from obtaining the legal representation they need to appeal denials or to get the settlement that is fair based on the type of injury or work-related illness the experience.
To help to get the facts on work comp settlements in MN, here are some of the most commonly misunderstood issues with the Workers’ Compensation process and settlement options.
Myth: It Matters Who Caused the Accident
Unlike some types of vehicle insurance policies, Workers’ Compensation is a no-fault insurance program. This means that it does not matter if the employer was negligent or if the employee contributed to the injury, if the injury qualifies under the plan, it is possible to start a claim.
There are some exceptions to the no-fault designation. If the employee is intoxicated or intentionally caused the accident or injury, or if the claim is fraudulent and you were injured at home or off the job, you are not eligible for coverage.
Myth: Workers’ Compensation Covers Pain and Suffering
Work comp settlements cover medical bills and lost wages, but they do not provide for pain and suffering or other types of punitive or compensatory damages. There are also caps on how much can be provided under the plan for each type of injury.
Myth: Any Reporting of the Injury or Accident is Fine
It is essential to follow the company’s policies with regards to reporting. Workers’ Compensation in Minnesota requires that the employee notify the employer of the injury within 14 days to avoid possible denial of the claim, but there are some exceptions. It is also critical to complete the report in writing and to the designated individual within the company.
To be sure you have the facts, consult with a Minnesota Workers’ Compensation attorney as soon as possible after the injury.