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Workers’ Compensation Benefits and Bankruptcy

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What happens to your Minnesota workers’ compensation benefits when you file for bankruptcy?   Considering filing for bankruptcy but worried that you might lose your workers’ compensation benefits by doing so? Under both federal law and Minnesota law, these benefits are generally exempt from claims by creditors, and Minnesota law in particular has this situation well-covered. State law specifically provides that workers’ compensation claims are exempt from seizure or sale for the payment of any debts or liabilities. What that means as far as bankruptcy is that your workers’ compensation benefits can generally be “reclaimed” from your bankruptcy estate and …

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Who decides a Minnesota workers’ compensation claim?

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Minnesota workers’ compensation courts   If you were injured on the job in Minnesota, you’ve probably been looking into making a workers’ compensation claim (smart move). But who is it who will actually decide your claim? Do you have to go to court?   Workers’ compensation judges   In Minnesota, workers’ compensation claims are first decided by special judges who work for the Workers’ Compensation Division. The Workers’ Compensation Division is part of the Office of Administrative Hearings, which is an administrative office. That means that the courtroom you go to for a workers’ compensation claim is being run by …

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Who decides a Minnesota workers’ compensation claim?

By | Workers Compensation | No Comments

Minnesota workers' compensation courts ; If you were injured on the job in Minnesota, you've probably been looking into making a workers' compensation claim (smart move). But who is it who will actually decide your claim? Do you have to go to court? ; Workers' compensation judges ; In Minnesota, workers' compensation claims are first decided by special judges who work for the Workers' Compensation Division. The Workers' Compensation Division is part of the Office of Administrative Hearings, which is an administrative office. That means that the courtroom you go to for a workers' compensation claim is being run by …

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Disability Values for Injuries to Fingers & Hands Under MN Workers’ Comp Act

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Under Minnesota’s system of workers’ compensation, permanent partial disability benefits are awarded based on a finding of what percentage of whole body impairment the worker has suffered. This percentage is based, in turn, on a schedule of various injuries which allocates different percentages to different injuries.   While it might seem slightly cold and calculating to determine the correct amount of benefits based on a mathematical formula for what essentially amounts to “how injured are you?” the percentage system does have the advantage of making it relatively straightforward and easy to determine what sort of compensation you can expect for …

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Minnesota Work Comp Penalty Awards – Are You Getting What You Deserve?

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Having an accident at work is bad enough, what with the injury itself, the medical bills, and time off work. The last thing you need are delay tactics, unreasonable negotiations by your employer, or an outright failure to pay your workers’ compensation claim after your award has been determined. The good news is that there is a silver lining if your employer (or your employer’s insurance company, but for brevity’s sake we’ll stick with “employer” throughout this post) engages in such behavior: you may be able to recover additional workers’ compensation as a penalty. Penalty awards can be applicable in …

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Minnesota Work Comp Penalty Awards – Are You Getting What You Deserve?

By | Workers Compensation | No Comments

Having an accident at work is bad enough, what with the injury itself, the medical bills, and time off work. The last thing you need are delay tactics, unreasonable negotiations by your employer, or an outright failure to pay your workers' compensation claim after your award has been determined. The good news is that there is a silver lining if your employer (or your employer's insurance company, but for brevity's sake we'll stick with “employer” throughout this post) engages in such behavior: you may be able to recover additional workers' compensation as a penalty. Penalty awards can be applicable in …

The post Minnesota Work Comp Penalty Awards – Are You Getting What You Deserve? appeared first on Workers Compensation Attorney's in Minnesota.

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