Legal Question in Workers Comp in Minnesota

I am a nurse and injured my shoulder at work in 1988, had surgery and recovered but had weightlifting restrictions so I had to stop patient care and take a desk position. I have had a couple of desk positions in the last 21 yrs, all at the same hospital. Now they are combining my current desk position with another RN position and I am not guaranteed that new position. Do I have an legal ground to prevent me from becoming jobless? Thanks

Asked on 12/04/09, 9:20 pm

2 Answers from Attorneys

Thomas Atkinson Thomas Atkinson

Unfortunately no...I have a lot of clients who have lost their jobs. This said, if you lose your job you may have a multitude of benefits you are eligible to receive...You date of injury controls your right to benefits and you have a very, very good date of injury as it pre-dates the 1992 changes in the law which severely limited benefits. If looks like you will lose your job it is extremely important that you contact a very experience work comp attorney (not someone who is a general PI attorney) as they may not be familiar with the laws in affect at the time of your injury. I would be more than happy to meet with you and discuss your claim and help establish a plan of action. Feel free to contact me directly 651-324-9514 or [email protected]

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Answered on 12/09/09, 10:11 pm
J. Chris Carpenter Harvey and Carpenter

No, but the Employer and Insurer will face significant liability if you do lose your position. It is better to be proactive about this type of issue, rather than reactive. Accordingly, I think you have should have a lawyer guide you through this before a decision is made on whether you lose your job or not. We can take steps before any decision is made that can help you pursue you claim, should you lose your job. Please contact an experience work comp lawyer, like me and others on this lawguru, and set up a free consultation. It does not cost anything to meet with a work comp lawyer, and an early meeting could have a significant impact on your case.

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Answered on 12/10/09, 10:48 am

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