Frequently Asked Questions

1. Will filing a lawsuit hurt my City or the Fire Department?

   NO!

   Unfortunately, many firefighters are reluctant to bring claims for benefits to which they are entitled as a result of their service. All employers in the State of Minnesota are mandated to provide workers’ compensation insurance for their employees. While some cities are self-insured in the State of Minnesota, the smaller cities share the risk pool by entering into an insurance trust with other cities, which means that the cost of its workers’ compensation insurance is shared. You will not bankrupt your city or your department by bringing a claim. This is simply false and frankly a malicious innuendo propagated by cities and insurers to discourage injured people from making claims. You are not raising your neighbor’s taxes with a work comp claim.

   You will not receive benefits for which you are not entitled. Even if your employer and the department has been good to you, this does not mean that the work comp will look out for your best interest. The city and the department is looking out for itself. You have to protect yourself and your family. Firefighters are incredibly loyal to their department. When it comes time for medical and financial support for work related issues that affect a firefighter and his family the loyalty should go both ways. We fight to get the insurance company to pay.

2. How are attorney fees charged?

   Attorney fees for workers’ compensation claims are 20% of whatever we recover for you. All work comp attorneys are paid the same in the State of Minnesota and the amount is set by statute. Fees are not charged up front and there is not a retainer. Costs are paid by the insurer in the result of a successful outcome through hearing or settlement.

   Attorney fees for personal injury claims are also on a contingency fee basis. No fees are charged up front and we are only paid if we are successful in obtaining our clients money.

   Attorney fees for PERA and Healthcare Continuation claims are separate from work comp or personal injury and are generally charged on a flat fee basis. We work with our clients in order for them to afford our services.

   We do not charge for a consultation. We provide free, no obligation case consultations with an attorney to review your claim. We would prefer you call us and we determine if you have a claim or not.

3. If I have a repetitive motion injury, or an injury from trauma over time, do I still have an injury claim?

   Yes, firefighters in particular are at risk for repetitive motion injuries or Gillette type injuries, which are injuries that occur over time due to minute trauma. A firefighter with a Gillette type injury can still make claims for workers’ compensation benefits and PERA duty disability benefits. Firefighters engage in heavy physical activity throughout their career, including lifting and carrying people, objects, hoses, using axes, performing duties in heavy turn out gear, and performing long hours of overhaul. Injuries that occur overtime are compensable.