Workers’ Compensation
Experiencing a work injury can be a traumatic event—physically, emotionally, and financially. These challenges are heightened when a worker is dealing with an aggressive insurance company who is denying a workers’ claim; failing to pay all appropriate benefits; or trying to settle a case for pennies on the dollar. The Wellstone Law Group is committed to helping injured workers navigate these complex waters by pushing back hard against insurance giants who would attempt to deprive injured workers the benefits to which they are entitled under the law.
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Work injuries are the most common type of workers’ compensation claim. These are injuries that typically occur suddenly and without warning.
When an injured worker arrives in our office, our primary efforts are devoted to making sure: (1) the claim is accepted; (2) the claim includes all appropriate medical conditions; (3) the workers’ average weekly wage has been properly calculated; (4) the worker receives the proper amount of time loss benefits; (5) all injury-related medical bills are paid; (6) when the claim is closed, a proper permanent impairment award is provided to the worker; and (7) if there is a settlement, the settlement provides the worker with a fair value for the claim rights being released.
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Some work injuries are not sudden, but come about over a long period of time due to the repetitive nature of the work or perhaps from some type of exposure to an unsafe condition. Different laws and rules apply to occupational disease claims. The attorneys at The Wellstone Law Group are prepared to assist injured workers with these claims, and ensure all available benefits are realized.
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Injuries that occur on a construction site often times make available claims that are not available to most injured workers. The most significant of these other claims is the Employer Liability Law (ELL) which may be available to a worker if the worker’s employer did not own the property where the injury occurred or if the employer was a subcontractor to a general contractor. Many workers’ compensation attorneys and firms are not familiar with ELL and other claims that may be available to injured workers in these situations, and will refer the worker on to a second attorney. The Wellstone Law Group is able to assist injured workers with all facets of their work injury.
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Work injuries are sometimes caused by a careless person the worker does not know. For example, there may an instance where a worker driving in the course of his or her employment is struck by a drunk driver. In such a case, the worker would have not only a workers’ compensation claim with the employer, but he or she would likely have a negligence claim against the drunk driver as well. Because The Wellstone Law Group specializes in both workers’ compensation law and personal injury law, we are able to assist these types of injured workers with both of their claims.
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A non-complying employer is an employer who is one who has failed to carry workers’ compensation insurance as required by law. When an employer finds itself in this situation, the consequences can be severe, including hundreds of thousands of dollars in claim costs and penalties (for more information on this, see FAQ – Non-Complying Employers). The Wellstone Law Group specializes in providing affordable representation to employers who find themselves in this situation. In these types of cases, our firm’s primary duties are typically: defending against improper claims; negotiating reasonable settlements for our clients; and working with the State to reduce penalties and/or arrange a fair payment plan.