Tagged: personal injury attorney in Duluth mn

5 Things You Should Know About Workers’ Compensation in MN


worker about to slip on banana peel

 

So you injured yourself while you were on the job. Now what?

Filing for workers’ comp can be an added stress to an already stressful situation. Here a few things you should know about workers’ compensation in Minnesota.

 

  1. Always report an injury: There are notice requirements under Minnesota Workers’ Compensation law.  It is critical that you report your injury to your employer as soon as possible, even if it seems trivial.  Failure to do so may have negative consequences to your claim. Furthermore, many large employers have policy requirements that require you to report any injury “immediately” or “as soon as possible.”  

 

  1. Always meet with a workers compensation attorney: Speaking to a workers’ comp lawyer is an important step in the process, even if the employer/insurer are paying your benefits. It helps to have an attorney who is prepared if, and most likely when, a dispute arises. Even with admitted claims where an insurer is paying benefits, many time a dispute will arise at some point, and your attorney will be prepared to take action or stop an adverse action before it happens.

 

  1. Find a lawyer with a solid reputation: Not only is finding a lawyer with workers’ compensation experience in the state of Minnesota important, you should also look for a workers comp attorney who knows about your particular injury, especially if it’s a less common injury. Many times you end up fighting with the insurance company for benefits, so if your lawyer understands Minnesota workers’ compensation law and the treatment you will undergo with your specific injury, then you should be able to rest easy knowing you’ll be taken care of. Here at ShermoenJaksa Law, we concentrate in:

 

  1. There are a number of workers compensation benefits: Because every single worker’s comp claim in Minnesota is different, it helps to meet with a workers’ comp attorney because they will be able to review your specific case and explain the different benefits that are available to you.  At a minimum, you are entitled to payment of your medical expenses, payment of your wages if you are off work due to your injury, and certain vocational training or rehabilitation if needed. If the employer/insurer are paying benefits, an experienced work comp attorney can also double check to make sure they are paying the proper amount and you are receiving all the benefits available.

 

  1. If you believe the injury is your fault, still file a claim: Workers’ compensation in Minnesota is basically a modified “no-fault” system, however not every injury that occurs at work is covered.  If the employer/insurer denies your claim, you should immediately consult with a workers’ compensation attorney.

 

 

How to Choose a Personal Injury Lawyer


lawyer shaking personal injury client hand

Choosing a lawyer to represent you is an important decision and one you should be confident about. How many of us when making a very large purchase, go in and just plop down the money on the first product we see?  Not many. It is likely most people spend more time researching a flat screen TV before they buy it than they do researching and spending time interviewing the lawyer they are about to hire, and quite typically, that relationship in a personal injury case is going to go on for years!

ShermoenJaksa Law lead trial lawyer, Jerrod Shermoen states, “You the client are the owner of your case, not the lawyer.”  So here are some tips to remember when choosing the right lawyer for you.

  • Choose an attorney who has experience taking cases to trial. Many lawyers can be quick to settle which isn’t always in your best interest.
  • Make sure your lawyer is attentive during your meetings. This is a good sign that they care about you and your case.
  • You are going to be spending a lot of time sharing personal details about your life with your lawyer, you need to feel comfortable with this person.
  • Not only do you need to feel comfortable, you need to know you can trust that your lawyer will represent you properly in and out of the courtroom.

When searching for a personal injury lawyer here are seven questions you should be asking before you hire them:

  1. Do they have trial experience and do they belong to trial organizations?
  2. Are they prepared to go to trial if necessary?
  3. How many years of experience do they have working on personal injury cases?
  4. Their win/loss ratio in jury trials?
  5. How they bill and do they require any up-front costs?
  6. What is their knowledge of the medical issues I am facing?
  7. Do they have the resources to pay for the investigation and costs of my case?

If you end up feeling as though the lawyer you chose is not working out, you can always switch lawyers, but it is sometimes difficult. This is especially true if the case is already in litigation in the court system, as it may be hard to find someone to take the case over or there may be court-imposed restrictions.  That is why it is critical to find the right fit on the front end.