A work accident is just that, an accident. But sometimes the insurance company makes you feel otherwise.
Mr. Cuellar has represented hundred’s of clients from the beginning of a case, through either settlement or trial. He has handled all aspects of workers’ compensation claims from the very beginning, to actual trials when settlements cannot be reached. He has a reputation as a seasoned trial attorney that has had over 300 workers' compensation trials, winning on average 80% or more of them.
Mr. Cuellar is well known in the workers’ compensation community. He has dealt with many of the workers’ compensation insurance companies on a repetitive basis, as well as their defense attorneys. Such experience gives an injured worker a competitive edge versus hiring an attorney that does not have as much experience with any particular Judge or defense attorney.
We will be a team. The insurance company has vast resources to fight your claim. I will explain the laws to you, and together we can decide how to best pursue your claim. Importantly, I will always listen to your input and give you the honest truth, good or bad.
4 Work Comp Benefits Under the Law
1. Permanent Partial Disability (PPD)
From your nose to your toes, every part of your body is given a specific rating by Minnesota Workers’ Compensation. The values for the ratings are $750.00 to $1,000.00 per percentage point. These values are also affected by your date of injury and do vary. Additionally, there can be multiple ratings for one body part. For example, the low back has over thirty different ratings that can apply. Cuellar Law Office has the experience to write to your Doctor to make sure your Doctor gives you the highest allowable rating.
2. Wage Loss
Wage loss is payable in one of two ways. Temporary Total Disability (TTD) is paid when you are completely disabled. TTD is paid at the rate of 2/3 of your gross weekly wage. For example, if your gross weekly wage is $300.00 per week, you would be entitled to TTD of $200.00 per week. TTD can be paid up to the limit of 104 weeks.
The second form of wage loss benefit is Temporary Partial Disability (TPD). TPD is based on your old wage, minus your new wage, times this amount by 2/3. For example, if your old wage was $300.00 and your new return to work wage after your injury is $200.00, TPD would be 2/3 of your $100.00 loss, or $66.66. This would be paid in addition to your return to work gross wage of $200.00.
Workers’ compensation wage loss benefits are an untaxable benefit and do not need to be claimed as income on your taxes.
3. Job Rehabilitation
If your injury results in issues regarding your ability to do your job, or worse if your employer says that they cannot accommodate you any longer due to your work restrictions and your work injury, you have the opportunity to have a Qualified Rehabilitation Consultant (QRC) assist you. If you return to work with restrictions, the QRC makes sure that the job you are doing is within your restrictions. The QRC can also work with your employer to modify jobs so that they can accommodate you so that you can return to work safely.
In the alternative, should your employer be unable to accommodate you and terminate you, the QRC will then help you put together a resume, teach you job interviewing skills, and provide you with job leads. Your mileage for looking for work should be reimbursed by the workers’ compensation insurance company.
4. Medical Bills
The insurance company must pay all reasonable and necessary medical bills that you incur as a result of your injury. This includes chiropractic treatment, Doctor’s appointments, x-rays, MRI’s, and other regularly prescribed medical treatment. Under work comp, there is no co-pay for medical bills, nor is there a co-pay for prescriptions. The insurer must also pay for your gas mileage incurred as a result of driving to and from your medical treatment.
I Can Help You With
- Fully or Partially Denied Claims
- Outstanding Medical Bills
- Unpaid Wage Loss
- Changing Doctors
- Loss of Job
- Keeping Your Job
- Can't Do Your Job
- If Employer Goes Bankrupt
- Unpaid Gas Mileage
- Unpaid Prescription Costs
- Underpaid Injury Percentage