Minnesota Workers’ Compensation Law Update

 

2018 Legislative Changes to the Minnesota Workers' Compensation Act

The 2018 legislature passed changes to the Minnesota Workers’ Compensation Statute for additional benefits to be paid to injured workers. Some of these changes go into effect in 2018 while others in 2019. Here is an overview of some of the changes made to Minnesota workers compensation.

Occupational Disease/PTSD/Post Traumatic Stress Disorder
The changes to the statute create a post-traumatic stress disorder (PTSD) presumption for an employee who was employed on active duty as: a licensed police officer; a firefighter; a paramedic; an emergency medical technician; a licensed nurse employed to provide emergency medical services outside of a medical facility; a public safety dispatcher; an officer employed by the state of a political subdivision at corrections, detention or secure treatment facility; a sheriff or full-time deputy sheriff of any county; or a member of the Minnesota State Patrol.

If an employee in one of the listed occupations is diagnosed with a mental impairment of PTSD as defined by the most recently published edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-V) by the American Psychiatric Association and has not been diagnosed with PTSD previously, then the PTSD is presumptively an occupational disease that is presumed to have been due to the nature of employment.

Substantial factors known to the employer or insurer at the time of the denial of liability must be communicated to the employee on the denial of liability.

PTSD is not considered an occupational disease if it results from a disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement or similar action taken in good faith by the employer.
This is effective on or after January 1, 2019.

Temporary Partial Disability benefits Increased for Dates of Injury after 10/1/18
The maximum number of weeks that an employee is entitled to temporary partial disability benefits is increased from 225 to 275.
 
Permanent Partial Disability Amounts Increased for Dates of Injury after 10/1/18
The permanent partial disability schedule multipliers have been increased by 5%.

Rebuttable Presumption for Retirement Increased from age 67 to 72 for Dates of Injury after 10/1/18
Permanent total disability benefits currently cease when the employee reaches age 67 because the employee is presumed retired from the labor market. However, the amended subdivision now states that permanent total disability benefits cease at age 72. There is an exception provided for employees who are injured after age 67, whose permanent total disability benefits cease after five years after the date of injury.

Minnesota Treatment Parameters Rules for PTSD
The Commissioner, in consultation with the Medical Services Review Board, will adopt rules for the treatment of PTSD. The rules apply to employees with all dates of injury who received treatment for PTSD after the rules are adopted.

Electronic Signatures
Minnesota Statute 176.231, Subdivision 9 was changed to allow the use of electronic signatures.

Keep in mind this is a summary of Minnesota’s workers’ compensation law, which is very complex. The law considers many other factors involving a work-related injury. And then there are often roadblocks thrown up by an employer or its work comp insurer. There may also be options for compensation outside of workers’ comp, depending again on the circumstances of your injury.

If you have more questions, your next move should be to contact a “Know Your Rights” workers compensation attorney NOW.

Client Reviews

out of 37 reviews
Jennifer G.
Danielle Bird was very professional and worked hard to make sure I was compensated fairly for my injury. My case was difficult to prove, but she continued to move forward and supported me through the process. I would highly recommend her for Workers' Compensation claims.
Dean Tabor
You made sure I got all the help I needed! Mark Olive made sure that I got the best compensation possible through mediation. In the long run your office made me feel like you were looking out for my best interest all the way around, and yes I have recommended your group to people that have asked who helped me!
Lon Nystrom

Danielle and Alison were honest and professional with my case. Very pleased with the results. Everyone worked hard and did an excellent job. Nice to know you have someone in your corner. They have helped get my quality of life back.

Teresa Zweber

I retained Robert Brabbit in 2011 for a workmans comp case. I have been extremely pleased with him as my attorney. He won the first part of my case with ease, he has great knowledge and professionalism and am anxious to see the end results of my settlement. I would recommend him highly and he won against a major retail store.

Hally Sharrow

Compassionate, skilled and highly experienced! Eric and Rita are the BEST! Their honesty and integrity are unsurpassed. Forever grateful for their guidance, support and representation. GXB for life!

Phil Pearson
If it were all about the settlement, I would give Bob Brabbit 5 stars. He and his staff were so much more though. There was the patience to take us through this two year long ordeal. Answering our questions and explaining to us what was going on. There was the knowledge Bob had to take on a big insurance company. And last there was the determination to get us the best possible deal. Bob was referred to me by a friend in the legal business and I would be proud to recommend him and his staff to anyone with workman's compensation problems. Great job Bob !!!!!
Brook Arseneau

Wonderful experience! I highly recommend Eric Beyer.

Richard Johnson

Excellent.  Eric Beyer is an excellent attorney. I would recommend him to anyone, and I have.

Jody Draper

I have had very long trying Workman's Compensation injury case and Eric Beyer and his assistant Rita Cerny have been totally amazing!! Always so informative and helpful!!

I strongly recommend using Eric as your advocate and personal lawyer!! You will not be disappointed!! Thank you Eric and Rita!! I could not of done this without you!!!

Eric Sumner

Danielle Bird did a great job and she was very aggressive on getting things done. I was always informed what was going on. Very personal and especially when she was going through a maternity on leave. Still worked on my case no matter what. She is a true warrior in my opinion. When you as a client are suffering from the injustices from your work place, work comp, insurance you need someone who will fight for you like a "wolverine". This law firm is titled best super lawyers for a reason.

Rich Huth

Eric Beyer is the best!!! Definitely above a five star rating.

Kimberly Stern
Mark Olive represented me in a Work Comp Claim. He went above and beyond, got results and helped my family with what was rightfully mine. I applaud he and his paralegal Sharon. If you have a legit injury, he's the guy you wanna talk to.
Mike and Carol Anderson

Five stars to Eric and Rita!! After filing a work comp claim, being denied, and told from a medical professional that I had waited to long to file the claim I was feeling hopeless. I decided to meet with Eric and was informed about the Gillette law. I am so grateful to Eric for his knowledge, experience, guidance and compassion. Thank you to Rita for your calls, emails and for keeping me updated and informed!
Mike Anderson

Annalise Backstrom

I worked for Art at SiebenCarey for a few years while I was in college and it was a great experience. Art is always friendly and treats everyone with respect, including his clients. He is extremely intelligent and a fantastic attorney. I can confidently say that Art and his staff go above and beyond for their clients and work incredibly hard on all of their cases. They are passionate, trustworthy, and dedicated. If you're looking for representation in a personal injury matter, go see Art Kosieradzki with SiebenCarey - I guarantee that you will not be disappointed!

Robin Wilson

Attorney Kosieradzki is a man of intelligence, experience and integrity. I would whole-heartedly recommend his services to anyone.

Scott Wilson

I've worked with Art Kosieradzki as co-counsel in a number of major personal injury and coverage cases, and I know his abilities. He is a top-flight trial lawyer and he has the results to prove it. At least two of his attributes may not be immediately apparent, however: First, he's creative and has achieved large recoveries where a lesser lawyer might have given up. Second, he cares and he has time for people. The latter is a precious quality in our hard-driven profession. Add to that an excellent and personable staff and the backing of the powerhouse SiebenCarey law firm, and what you have in Art is simply this: the right lawyer.

Sheryl Nixon

Jeff Sieben was the first one I talked to about my injury. I was not sure if there was even a case. But as the months went by and my pain got worse, the seriousness of the injury became apparent. Jeff took on the case and put me at ease about the medical bills and calls. He was professional in his attitude while being compassionate to my situation. I have recommended him to others and will continue to do so. 

Jazz Smith

SiebenCarey is a professional and dedicated law organization that help accident victim.

Sarah Peterson

It was a great experience working with Jim and his entire team! Always felt well taken care of and someone was always there to answer my many questions! Thanks!

Thai Vuong

I had the opportunity to work with Art and his staff. They were fabulous and I would definitely recommend them to family and friends. They helped me through my claim getting a result beyond my expectations.

Roberta Jordan

My family was referred to Susan Holden at SiebenCarey by our hometown attorney in a wrongful death case.  She was very accommodating to us and very approachable. Staff was top notch and doggedly pursued two different insurance companies to accomplish an outcome far beyond anything we'd anticipated. We could not have gotten results close to what she achieved without her. We will be forever appreciative. 

Ryan Betzina

I have known Mr. Kosieradzki for several years and every patient who has ever consulted him for legal services has given him rave reviews. His level of communication with me and my patients is outstanding. For anyone needing legal advice on a personal injury matter we highly recommend him and his team!

Troy Rognrud

In June of 2013 I was enjoying a ride on my vintage motorcycle, and was severely injured by an inattentive motorist, sending me to the hospital, physical therapy, and amassing a considerable amount of debt.

Fortunately I made contact with Robert Hauer, and Paul Downes with SiebenCarey!
Paul walked me through the entire process, explaining in layman's terms as to what to expect, and he continued to keep me informed as each step was reached.

Ultimately we used mediation to reach a settlement that allowed me to pay off my outstanding bills, and to bank an amount that gave me some peace of mind.
If by some unfortunate incident you ever have need for the services of a personal injury attorney, I highly recommend SiebenCarey... Thanks Paul!

Daniel Ball
Really good professionals, they solved my issues in no time using the most impressive and advanced approach. Really good, highly recommended
Scott Reeve

The Lakeville SiebenCarey office has been great to work with. They listen and they care about their clients. I have very much enjoyed getting to know the folks in Lakeville, and would highly recommend any of the SiebenCarey Personal Injury Attorneys.

Art Kosieradzki from the Lakeville office cares about each of his clients and is an excellent attorney.

Cynthia Vermeulen

I have worked on cases with Sue Holden of Sieben Carey for over 20 years. As a trial attorney, I feel confident referring my clients with personal injury issues to Sue, as I know she and her team take the time to listen to their clients, explore and explain their options, monitor their recovery with compassion and persistently advocate for them in negotiations and in court. Sue has the utmost credibility in the legal community and an ability to resolve complex problems. She is highly respected by the courts as well as attorneys for her competence and steadfast dedication to helping injured people. I recommend working with Sue Holden and her team without reservation.

Kelli Bechtel

Finding a great personal injury attorney can make all the difference in the world on how your case turns out. I’ve known Art and his staff for years having had the opportunity to see what they can do. If something unfortunate happens and you want results, answers and the ability to feel comfortable with your representation, give them a call. I’m so glad I’ve had a chance to get to know them.

Susan McIntosh

Art and his staff are extremely professional and easy to work with. Having a local attorney is very convenient. It is clear these folks have been doing this a long time. I highly recommend this firm!

Jenna L. at Insider Pages
I have had nothing but great service with these guys. They are very knowledgable on a wide variety of subjects and topic. They will help you with any case you need!
Tanya Miller

I have been working with Art for many years now, and have always been impressed by the care he gives his clients. Art and his staff are compassionate, dedicated people that I would trust with any personal injury crisis.

Alyssa Mark

If you want a caring and skilled lawyer with integrity I highly recommend Art Kosieradzki. The thing that immediately struck me was that he seemed to genuinely care about me and my situation. I felt comfortable right away. He and his staff are great to work with; they are highly competent and knowledgeable. He helped me and my family greatly, and I can't thank him enough!

St. Paul Local 12
Thanks for everything, your experience paid off BIG!!!
Bob Levin
I was very pleased with John and the services he provided. I would highly recommend him.
Steve Erwin

I have referred several personal injury and wrongful death cases to Susan Holden for handling. Susan has been very professional in her approach to these cases and has obtained settlements on behalf of the clients. She also is very courteous, knowledgeable, and has a great "bedside manner" in dealing with her clients. Several clients have thanked me for referring their cases to Susan.

Steve Miller

I've know Art Kosieradzki and the folks at SiebenCarey for nearly 30 years. When my mother-in-law needed an attorney after a roll-over accident, I sent her to SiebenCarey. They were compassionate and professional. I'd recommend them to anyone who wants a personal injury lawyer they can trust.

Sean Tyson

Had a great response and was very pleasant. The whole process was simple and easy and had more than I thought.

Align Chiropractic

Art and his team at SiebenCarey in Lakeville are top notch. Professionally, they are very easy to work with. I know first hand that their clients are taken care of. If you have been in an Auto Accident, or have experienced any type of injury. Art and his team at SiebenCarey are where you need to go.

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