Not All Work Injuries Mean Minnesota WC Benefits

Friday, August 21, 2009 | 0

By Jerry Sisk


Many of us think that if an injury occurs at work, it is automatically means that benefits should be paid. However, not every injury at work is covered under Minnesota workers' compensation.

For example, the WCCA recently decided in Lester v. Allina Health System (WCCA 10/14/2008) that an employee's fall at work resulting in a right ankle fracture was not compensable as it did not "arise out of" the employee's employment.  The employee in this case was apparently walking from her parking ramp to her work station prior to beginning her shift when she fell on the carpet. At trial, the employee testified that she was really not sure what caused the fall other than possibly stubbing her toe, tripping over something, tripping over her own feet, or a simple misstep. The trial court and ultimately the WCCA felt she had failed to meet her burden of proof in order to establish a work injury. The court provided that in order for there to be a compensable work injury, the injury must "arise out of and in the course" of her employment.

So you may be asking then what does "arise out of" mean?

"Arise out of" refers to a causal connection between the injury and the employment. The employment or employment activities need to be the source of injury producing hazard. In other words, there needs to be some hazard that increases the employee's exposure to injury beyond that of the general public.

It is not sufficient that an injury take place at work, but instead their must be a connection to the employer and the injury beyond that of the general public.  The fact that you fall at work may not be enough, as there needs to be something at work to cause the injury. I believe the case above would have been different if the employee would have known how the injury occurred, such as by water, ice, a loose mat, etc.

1. Don't miss your doctor appointments.  Missing an appointment due to illness or a family emergency is one thing, missing appointments continuously is another which can drastically affect your workers' compensation benefits.  Cooperating with your doctors tells others that you are attempting to get better
2. Cooperate with vocational rehabilitation. In today's economy it is tough to find a job when you are 100% it is even tougher when you have a disability.  Make sure you are doing everything you can to find a job. One way of showing that to others is by cooperating with vocational rehabilitation.
3. Return phone calls to your attorney (If you don't have one, I recommend you obtain one). An attorney is there to assist you along the way. The only way this can occur is if you stay in contact with your attorney. Be proactive and keep your attorney up to date. Make sure you advise your attorney of changes, such as loss of a job, a different job, new place of residence, change in physician, surgery recommendation, etc.
4. Don't give a recorded statement. Let me say this again, Don't give a recorded statement. Contact an attorney.
5. Be honest. Don't embellish.  Tell your doctor where you have complaints but do not exaggerate.