Old Workers’ Comp Injuries in Minnesota

Posted by John R.
1
Jul 31, 2024
58 Views

The blog post discusses the process of reopening workers’ compensation claims in Minnesota, providing essential information for injured workers navigating the system. It outlines how cases can remain open indefinitely, the benefits available upon reopening, and the legal distinctions between insurance company actions and judicial closures.

Understanding Workers’ Compensation Claims

Even after receiving treatment and being released to work, lingering symptoms prompt the worker to seek further medical attention. However, the workers' compensation insurance company may claim the case is closed, highlighting a frequent misunderstanding among workers about the status of their claims.

Open Cases and Medical Treatment

In Minnesota, a workers' compensation claim can remain open as long as medical treatment related to a work injury continues. This means that if an employer or insurance company has provided any medical treatment, the case can stay active indefinitely. This is critical for workers who still face health issues linked to their injuries, as they may still be entitled to benefits.

Benefits Upon Reopening Claims

Reopening a claim allows injured workers to access several benefits, including:

  1. Wage Loss Benefits: Compensation for lost income due to the injury.
  2. Medical Benefits: Coverage for necessary medical treatments related to the injury.
  3. Rehabilitation Benefits: Assistance with vocational training or services to help return to work.
  4. Permanent Partial Disability Benefits: Lump sum payments based on the severity of the disability.

Time Limits for Reopening Claims

While claims can often be reopened without a strict time limit if medical treatment was provided, other scenarios may impose limits as short as three years. This variability emphasizes the importance of understanding individual circumstances and any potential deadlines.

Distinguishing Between Closure Types

A claim "closed" by an insurance company does not equate to a legally closed case. An official closure only occurs through a judge’s findings or a settlement agreement. The two ways a judge can close a case are:

  1. Findings and Order: A formal decision that the injury has resolved.
  2. Award on Stipulation: A settlement where a worker agrees to a lump sum payment.

Options for Workers When Claims Are Closed

Workers often misunderstand their rights when an insurance company closes a claim. If ongoing pain persists, or if an old injury worsens, workers can request further medical treatment despite the claim being marked closed.

Reopening Claims After Settlement

If a claim was closed by a judge through a settlement, reopening it is more challenging. Workers must submit a petition demonstrating one of the following:

  1. Mutual mistake of fact
  2. Newly discovered evidence
  3. Fraud
  4. Unforeseeable substantial change in medical condition

The most successful petitions typically cite significant changes in medical condition, which the Workers' Compensation Court of Appeals evaluates based on factors like changes in diagnosis or additional medical care needs.

Conclusion

In conclusion, understanding the reopening process for workers’ compensation claims in Minnesota is crucial for injured workers. Misconceptions about claim status can hinder access to necessary benefits and treatments. Unless a case is officially closed by a judge or a settlement agreement, workers retain rights to seek additional help for ongoing or new medical issues related to their work injuries.

In cases where claims seem unjustly closed, seeking legal assistance from a workers’ compensation attorney is advisable. An attorney can clarify the legal status of the case and support the worker in reopening claims to secure the benefits and treatments they deserve. Ultimately, the goal is to ensure fair compensation for injuries while prioritizing the long-term well-being of workers.

Comments
avatar
Please sign in to add comment.