Michael Schultz Law Firm Minneapolis, MN Workers' Compensation Lawyer | Hennepin County Work Injury Attorney 2026-06-22T16:37:03Z https://www.mikeschultzlaw.com/feed/atom/ WordPress On Behalf of Michael Schultz Law Firm <![CDATA[Is mental health covered by Minnesota workers’ comp?]]> https://www.mikeschultzlaw.com/?p=48459 2026-03-31T08:31:14Z 2026-03-31T08:29:50Z Meeting the threshold for coverage under Minnesota law In 2013, the Minnesota Legislature changed the Workers' Compensation Act to allow workers to claim only Post-Traumatic Stress Disorder (PTSD) as a stand-alone psychological injury. This means you can file a claim for PTSD without needing a physical injury at the same time. Workers' compensation might cover other mental health conditions, such as depression, anxiety or adjustment disorder, but only if they result directly from a physical workplace injury. For instance, if a serious back injury at work leads to depression, you can include it in your existing claim.

Proving the link between your job and your condition

The burden of proof for mental health claims in Minnesota is heavier than for most physical injuries. For a stand-alone PTSD claim, you generally need to establish the following:
  • A licensed psychiatrist or psychologist has diagnosed you with PTSD based on the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders
  • The condition arose out of and in the course of your employment
  • The PTSD did not result from a disciplinary action, job transfer, layoff, demotion, termination or similar action taken in good faith by your employer
For other mental health conditions, gather complete medical records that show a clear link between your symptoms and the original physical injury. Strong medical evidence gives your case the best chance to move forward without issues.

Taking the next steps in the filing process

If you believe you have a valid mental health case, the process begins with reporting the condition to your employer. From there, getting a formal evaluation from a licensed psychiatrist or psychologist is critical, particularly for PTSD claims. There are also deadlines for formally filing a claim petition beyond from reporting to your employer. You generally have three years from the date a first report of injury is filed with the Minnesota Department of Labor and Industry, or up to six years from the date of the injury if no report was filed. Once those windows close, you may permanently lose the ability to seek benefits regardless of how strong your case is.]]> On Behalf of Michael Schultz Law Firm <![CDATA[Minnesota workers’ compensation: How does it work?]]> https://www.mikeschultzlaw.com/?p=48454 2025-12-19T06:06:46Z 2025-12-19T06:00:41Z What types of benefits does WC cover? Your WC insurance can pay for your necessary medical treatments and/or supplies. This can include your doctor fees, surgery costs, hospital bills and psychological treatment expenses. Your WC can also compensate for your lost wages if your workplace accident has caused you a temporary or permanent disability.

After I report my injury to my employer, can I go to my doctor?

Yes, you can go to your own doctor to seek prompt treatment of your work-related injury or illness. Your employer can only require you to see their designated doctor if they are a part of a collective bargaining agreement that mentions the use of exclusive health care providers. Additionally, if you live within a 15-mile radius from a pharmacy, your employer can ask you to buy your outpatient prescription and nonprescription medications from there instead of a hospital’s.

What if I need rehabilitation for my injury?

If you need rehab for your injury, you must file a rehabilitation consultation request with your employer. In this process, they will assess your condition with their WC insurer and determine whether your injury is severe enough to require the benefit. By understanding the Minnesota workers’ compensation laws and following the proper process, you can file your claim and receive financial help for your injury or illness.]]> On Behalf of Michael Schultz Law Firm <![CDATA[What may have led to your carpal tunnel workers’ comp denial]]> https://www.mikeschultzlaw.com/?p=48452 2025-09-26T14:29:22Z 2025-09-26T14:29:22Z Common reasons carpal tunnel claims face denial in Minnesota You may receive a claim denial letter because the insurer doubts that your job caused the condition. They may claim that age, hobbies or health issues played the larger role. Insurers may also reject your claim if you did not get tests like nerve conduction studies or electromyography (EMG) to support the diagnosis. Insurers may also argue that your wrist issues existed before your job began or that you delayed telling your employer. Additionally, they may claim inconsistencies in your statements or errors in paperwork and use them to deny your claim. In Minnesota law, carpal tunnel counts as a type of repetitive injury when it arises out of and in the course of employment. Because legal precedent allows gradual injuries but places the responsibility on you to show work caused or aggravated the harm, you generally need to report your injury to your employer within 180 days of when you learn or should learn it is work-related.

Key evidence needed to challenge a denied claim

When you decide to contest a denied claim, you may strengthen your position by gathering proof that links your carpal tunnel diagnosis to your work tasks. For example, you can:
  • Collect a specialist’s opinion with objective tests such as nerve conduction or EMG
  • Keep a daily log of hours typing, force used and wrist positions
  • Create a symptom timeline showing onset and worsening during work
  • Save copies of your written notices to your employer about symptoms
  • Secure statements from coworkers or supervisors confirming your repetitive tasks
You can also include medical or lifestyle records that show your non-work activities or health conditions, so any reviewer sees a full picture of possible causes.

Appeal process for recovering workers’ compensation benefits

First, read the insurer’s denial letter and check the reason they gave. Next, contact the adjuster and send any missing records. If that step fails, you can file an Employee’s Claim Petition with the Minnesota Department of Labor and Industry to start a hearing process. The agency also offers mediation to help resolve claim disputes. If a hearing takes place, you and your witnesses may present evidence before an administrative law judge. If the court denies your claim, you can then appeal to the Workers’ Compensation Court of Appeals. You generally have three years to submit the Claim Petition after your employer files the first report of injury, so track deadlines carefully.

Taking action after a denied workers’ comp claim

A denial may feel discouraging, but it does not end your options. You could review the insurer’s letter, address any missing medical or job evidence and consider whether a petition or mediation fits your situation. Taking measured steps in that direction can move you from reacting to the denial toward actively pursuing ways to get the compensation you deserve through Minnesota’s workers’ comp system.]]> On Behalf of Michael Schultz Law Firm <![CDATA[Can you sue when someone dies in a work accident in Minnesota?]]> https://www.mikeschultzlaw.com/?p=48451 2025-08-14T14:04:05Z 2025-08-14T14:04:05Z The phone rings. It's the call no one wants to get. There's been an accident at work, and your loved one isn't coming home. Right then, everything stops. Grief hits first, then come the questions you never thought you'd face. One of the hardest: can anyone be held responsible? If this is where you find yourself, you need to know how Minnesota law works for fatal workplace accidents, what help might be out there and why getting legal advice could be your next important step.

What workers' comp actually covers

In Minnesota, most deaths at work fall under workers' comp. This system gives families some basic help, including these key benefits:
  • Money for funeral and burial costs
  • Weekly payments to certain family members who depended on the income
  • Coverage for any medical care your loved one got before dying
These benefits provide some relief, but workers' comp also shields employers from lawsuits in most cases, even when poor safety played a part in what happened.

When you might still be able to sue

Sometimes families can take legal action, but it comes down to who actually caused the accident. If someone other than the employer was involved, you might have a wrongful death case. You could potentially file a lawsuit in situations like these:
  • A subcontractor made the job site unsafe
  • Bad equipment or broken machinery caused the accident
  • A driver hit your loved one while they worked away from the main workplace
These claims work separately from workers' comp and might get you more compensation for things like emotional pain, suffering and the income your family lost for years to come.

Why seeking legal guidance really matters

Wrongful death cases get complicated fast and timing counts. Minnesota puts strict deadlines on when you can file and important details can disappear if you wait too long. You might not know right away if someone else was involved or if you even have a case without getting everything looked at properly. If you've lost someone in a work accident, don't try to figure out these legal questions by yourself. Talking with a good attorney can help you understand what rights you have, protect your family's future and give you real answers during an incredibly hard time.]]> On Behalf of Michael Schultz Law Firm <![CDATA[Avoid venting online when seeking workers’ comp ]]> https://www.mikeschultzlaw.com/?p=48440 2025-04-11T14:43:58Z 2025-04-11T14:43:58Z When you’ve been injured on the job and are dealing with pain, medical bills and uncertainty about your future, it’s only natural to want to talk about it. You might be understandably tempted to turn to social media to share updates or vent frustrations. However, if you’re seeking workers’ compensation benefits in Minnesota, it is important to understand that what you post online can do more harm than good.  Essentially, even seemingly innocent comments can be taken out of context and used against you as you pursue benefits. Why? Workers’ compensation insurers often look for ways to minimize or deny claims. One tactic they may use is monitoring social media platforms like Facebook, Instagram, TikTok and X to find posts, photos or videos that seem to contradict a worker’s injury claims. For example, if you say you’re unable to lift heavy objects but post a photo helping your friend move furniture—or even just smiling at a family gathering—an insurer might argue that your injury isn’t as serious as you’ve reported.

What if you just limit your activity?

Even posts that don’t show physical activity can be problematic. Complaining about your employer, discussing an accident in detail or sharing your frustration about the claim process could be used to cast doubt on your credibility or suggest you’re motivated by anger rather than legitimate need. Insurance companies and defense attorneys can twist your words to undermine your case. That’s the primary reason why it is important to avoid venting online while your workers’ comp claim is pending. Think of your social media accounts as public records—because, in many cases, they can be treated that way in court. Privacy settings aren’t foolproof, and once something is posted, it can be screenshot and shared beyond your control. Instead of sharing online, consider turning to trusted family, friends or a professional counselor to talk through your feelings. It’s completely understandable to feel frustrated during this process, but protecting your legal rights should come first. In short, silence is your best strategy online when you’re pursuing a workers’ compensation claim. Let your medical records and your attorney speak for you until you have the benefits that you need and deserve. ]]> On Behalf of Michael Schultz Law Firm <![CDATA[What are the requirements to qualify for SSDI benefits?]]> https://www.mikeschultzlaw.com/?p=48435 2025-01-07T00:01:09Z 2025-01-07T00:01:09Z Medical issues must be truly debilitating Workers are typically only eligible for SSDI benefits when they have severe medical conditions. With certain rare exceptions for special circumstances, only those who are completely unable to work qualify. An office manager who acquires a brain injury and who can no longer work in their well-paid profession might still be able to work as a cashier or in a less-demanding profession. Even though they cannot work the same job, they do not qualify for SSDI benefits. A condition needs to be so severe that a worker cannot maintain consistent, gainful employment. Additionally, the condition has to last for 12 months or longer for the worker to be eligible. Even if a condition is totally debilitating, if it is likely to resolve in under 12 months, the applicant likely does not qualify for SSDI benefits.

The worker must have adequate work history

The Social Security Administration (SSA) looks at more than just medical records when reviewing SSDI applications. Applicants also need to have a sufficient work history. For applicants over the age of 31, the SSA requires a minimum of 40 credits, at least 20 credits should be from within the last 10 years. Workers can only earn at most four credits each year, which means that employees need to have at least 10 years of work history in most cases. Younger workers can qualify with fewer credits depending on their age. Sometimes, eligible applicants get denied initially and must appeal to prove that they qualify. Those who are unsure of whether or not they may be eligible for SSDI benefits may need help reviewing their circumstances and the rules for the program. Having the right support and being aware that an appeal could be necessary can help people find the courage to apply and the tenacity to follow through even when there are challenges.]]> On Behalf of Michael Schultz Law Firm <![CDATA[No-fault workers’ compensation systems support injured workers]]> https://www.mikeschultzlaw.com/?p=48433 2024-10-11T12:42:16Z 2024-10-11T12:42:16Z Financial support for lost wages When a worker is injured and unable to return to work temporarily or permanently, the system can help ensure they receive a portion of their lost wages. While this compensation may not match their full earnings, it helps injured workers and their families maintain financial stability during recovery.

Medical treatment and rehabilitation

Workers’ compensation helps ensure that injured workers receive necessary medical treatment and rehabilitation. This may include, but isn’t limited to:
  • Emergency care
  • Ongoing medical expenses
  • Therapy
In many cases, workers’ compensation also funds rehabilitation programs to help injured workers regain skills or learn new ones if they are unable to return to their previous jobs.

Quick resolution and reduced legal hassles

Since the no-fault system eliminates the need to prove liability, injured workers can avoid long and costly legal disputes. This allows them to access the benefits as soon as they’ve been diagnosed with illness or injuries. The system is designed to provide prompt support so workers can focus on recovery rather than worrying about litigation.

Job security and protection

Minnesota’s workers’ compensation system provides injured workers with job protection when they’re recovering from a work-related injury or illness. This means that while an employee is receiving compensation, they cannot be fired or demoted simply because they are unable to work due to their injury. In some cases, employers may be required to provide light-duty or modified work assignments to accommodate an employee’s temporary limitations during recovery. The no-fault workers’ compensation system provides workers with financial security, access to medical care and protection from potential legal and job-related repercussions. To better understand how this system works to their benefit, injured workers should enlist legal support in order to better ensure that they receive maximum compensation.]]> On Behalf of Michael Schultz Law Firm <![CDATA[Can injured workers seek a second opinion about a treatment plan?]]> https://www.mikeschultzlaw.com/?p=48432 2024-08-19T12:35:32Z 2024-08-19T12:35:32Z Second opinions can be quite valuable Physicians sometimes develop tunnel vision. They become so acclimated to using one particular treatment that they fail to consider other options. For example, a physician treating a patient with a major knee injury caused by a traumatic incident at work may suggest a surgical solution. The patient may not want the risk of surgery or the lengthy downtime required to recover from it. If the contested treatment plan involves surgical intervention, Minnesota's workers' compensation laws require that employers pay for a second opinion if requested by the employee. The employer also has the right to request a second opinion and have the worker see a different physician to see if there are other treatment options available. If the proposed treatment plan does not involve surgery but other, less-invasive treatments, then workers' compensation rules do not automatically require that employers pay for a second opinion. That being said, workers may sometimes find it worthwhile to cover the cost of a second opinion appointment with an outside physician using their own resources. Doing so can help them explore their options and convince the overseeing physician to consider alternative treatment plans. Workers who have questions about proposed treatment plans and other medical benefits may need help when their workers' compensation claims become complex. Understanding what the rules permit can be useful for those who have questions about their treatment options and other rights when they are dealing with a work-acquired medical condition.]]> On Behalf of Michael Schultz Law Firm <![CDATA[3 social media mistakes that can affect workers’ compensation claims]]> https://www.mikeschultzlaw.com/?p=48411 2024-04-18T19:39:12Z 2024-04-18T19:39:12Z Posting about their injury Obviously, a major laceration or broken bone could produce dramatic images or video footage for someone to share online. The potential of getting a lot of interactions can be quite tempting. However, seemingly innocuous details shared online could end up serving as evidence against that worker in the future. Insurance companies can go through social media activity to fight a claim. It is generally advisable for individuals to avoid discussing pending insurance claims or legal matters on social media for their own protection.

Sharing positive experiences

Many people intentionally share their happiest moments and personal victories online rather than sharing their struggles. Therefore, someone might avoid posting about their injury but might share footage from a vacation or pictures from a party. Posting about any physical activities that might raise questions about the seriousness of someone's injuries, including posts about accomplishments in the gym, could potentially undermine someone's chances at a successful claim. Seeming too happy and healthy could also raise questions about the true impact of an injury.

Making negative statements about an employer

Particularly if a worker blames a business for their on-the-job injury or the employer has questioned the claim for benefits, a worker may have strong feelings about the situation. They may have developed negative feelings toward their employer. The internet is not the appropriate place to share that kind of information while a workers' compensation claim remains active. In some cases, a worker's exaggerations or overstatements might put them at risk of an employer accusing them of defamation. Other times, their conduct could violate company social media policies and put their job at risk. The best practice for those facing a complex insurance claim or other legal matter is usually to avoid discussing the issue entirely and to minimize social media use until they resolve the matter. Learning about the factors that can affect a workers' compensation claim may benefit employees in need of support following a job injury. Those who understand the rules can protect themselves from mistakes that could endanger their eligibility for benefits.]]> On Behalf of Michael Schultz Law Firm <![CDATA[What are “the fatal 4” in construction?]]> https://www.mikeschultzlaw.com/?p=48410 2024-01-17T16:38:44Z 2024-01-17T16:38:44Z fatal four’ is a step towards a safer work environment. These hazards are the most common causes of fatalities in the industry and mitigating them is essential for every worker’s safety.

Falls

Falls are the top cause of construction-related deaths. This risk is prevalent when working on ladders, scaffolding, roofs or any elevated work areas. Key preventive measures include using fall protection systems like harnesses and guardrails. Regular training in fall prevention and the correct use of safety equipment is vital. Ensuring work surfaces are safe and implementing strict safety protocols can significantly reduce fall hazards.

Struck by objects

Being struck by objects is a significant hazard. This includes being hit by falling tools, flying debris or swinging construction materials. Wearing hard hats and other protective gear is crucial to minimize this risk. Ensuring secure fastening of materials and tools, especially when working above ground level, can help prevent these accidents. Workers should always be aware of their surroundings, particularly in areas with overhead activities.

Electrocution

Electrocution, often due to contact with power lines or improper use of electrical equipment, is a prevalent danger in construction. Maintaining a safe distance from power lines and ensuring all electrical tools and equipment are properly grounded is crucial. Regular inspection of equipment for wear and tear and training workers on safely handling electrical devices are essential practices.

Caught-in/between

Caught-in/between incidents involve being caught, crushed or compressed between objects. These accidents can occur in trench collapses, equipment rollovers or near moving machinery. Following proper procedures when working in trenches, ensuring machinery has safety guards, and maintaining a safe distance from operating equipment are necessary to avoid these incidents. Construction workers who survive one of these incidents should receive immediate medical care. Workers’ compensation should cover related costs, but some workers may have to fight for their due benefits. If so, seeking legal guidance is generally wise.]]>