The Minnesota workers’ compensation system provides necessary health and safety protections for workers while limiting personal injury liability for the companies that employ them. If the system is to work effectively for all who rely on it, participants must act in good faith. Fraudulent claims and bad faith denials of legitimate claims are corrosive acts that undermine the vital safeguards to the industry upon which our prosperity depends. For more than 30 years, Steven C. O’Tool, Attorney at Law, P.A. has represented injured workers and insurers in workers’ compensation appeals and benefits negotiations. Our vigorous advocacy serves the interests of our clients and the welfare of all Minnesotans.
Workers’ compensation is the program that gives people who are hurt on the job a chance to obtain prompt reimbursement for healthcare costs and lost income. Under the program, claimants do not have to prove fault on anyone’s part to receive payments. Employers also benefit from workers’ comp because it bars victims from filing lawsuits against them. Your work-related medical condition does not have to result from one specific incident. Benefits are available for employees who suffer injuries due to repetitive minor trauma, known as Gillette injuries under Minnesota law.
Types of incidents that frequently give rise to workers’ comp claims include:
Whatever incident or condition caused your injury or illness, our firm works diligently to achieve a satisfactory resolution
If your employment activities have caused, aggravated or accelerated a painful condition, you are entitled to workers compensation benefits such as:
These benefits are available for traumatic injuries, gradual injuries or occupational diseases.
Every Minnesota business with at least one employee is required to provide workers’ compensation coverage. Part-time workers and even undocumented individuals hired by businesses are protected under workers’ comp. If you are classified as an independent contractor, the legal analysis might be more complicated, but we can examine the specific facts in your case and advise as to whether you can receive benefits.
There are many justifications an insurer might give for denying a workers’ compensation claim. The denial might allege that the claimant’s medical condition existed prior to the incident or that that an accident did not occur within the scope of their normal workplace duties. If you are not given the benefits you believe you deserve, we can help you complete an Employee’s Claim Petition to start the appeals process before the Minnesota Department of Labor and Industry. Steve. O’Tool drafts appeals, represents workers at hearings and negotiates final settlements of workers’ compensation disability claims
Many workers’ compensation cases do settle, but first offers from employers and insurance carriers sometimes do not provide the full benefits that claimants are entitled to. Once you sign off on a settlement, you won’t have the chance to renegotiate, so it is wise to discuss your case with a qualified attorney before making any decisions. With extensive experience representing injury victims and handling insurance defense matters, Steve O’Tool has a unique perspective on how claims are valued and what motivates parties to reach a settlement. Our firm can pursue a lump-sum settlement or a set of periodic payments, depending on your situation and needs.
Fraud is theft by deception. Any person who misrepresents the material facts of a supposed injury in order to receive workers compensation benefits to which they are not entitled has stolen from the insurer. The first step to exposing fraud is defending the denial of a suspicious insurance claim. Trial lawyer Steve O’Tool cut his teeth as an insurance defense attorney in Eagan. He has vast experience managing complex litigation brought to a verdict before a judge or jury. A firm negotiator, Steve also represents insurers in settlements for permanently disabled workers.
Steven C. O’Tool, Attorney at Law, P.A. represents victims of job-related injuries in Minnesota workers’ compensation actions. To schedule a consultation with an experienced lawyer, please call 651-882-1717 or contact our Eagan office online.