You became a firefighter because you love the thrill and action of the job. Split second responses to danger. Not an office job, not a 9 to 5, but an ever ready 24-hour shift. Yet last week, tragedy struck – you were hosing down the charred remainder of an old farmhouse, and as you turned your back to signal to a crew member, several pieces of the chimney fell. Your reactions were not quick enough, and your shoulder and lower back were hit with crumbling brick, causing serious injury. Your doctor said you would not be able to return to your regular duties as a firefighter due to a partial disablement of your right shoulder.

Fast forward 18 months. You try to return to your regular duties as a firefighter but are unable to perform so you begin thinking of applying for PERA disability benefits. What you probably don’t realize is that the clock is ticking and time is running down, limiting your possible range of choices regarding your financial security.

According to the Mayo Clinic, Post-Traumatic Stress Disorder (“PTSD”) is a “mental health condition that is triggered by a terrifying event—either experiencing it or witnessing it.” PTSD onset can be unpredictable: it may occur after a single event or several events; it may occur in response to a dangerous or harmful event that occurred to a loved one; or it may occur soon after the event or several months or even years after. Additionally, some individuals who face traumatic events do not develop PTSD.
Like any injury, PTSD takes time to heal and requires the help of trained medical professionals. If you have or believe someone you know has PTSD, it is important to get treatment. Understandably, the path towards treating PTSD is challenging. However, the attorneys at Meuser Law Office, P.A., can help make that road a little easier.

Minnesota has a long history of protecting workers. In fact, Minnesota and New York were the first states to adopt “occupational disease presumptions” into the law. Prior to the adoption of these presumptions of causation, an injured party had the burden of proving that the injury or disease arose out of the course and scope of his or her employment.

At first glance, it makes sense to require the injured party to “connect the dots” between the injury or condition and the activities he or she performed as a part of the job; however, as a practical matter, this requirement precluded injured workers from obtaining a remedy under the Workers’ Compensation Act. For example, if a worker contracted lung cancer from his contact with dangerous work-place fumes, proving that the fumes he was exposed to at work caused the cancer would be difficult, if not impossible. Causation is difficult in these cases because the cancer could have been caused by many different things, such as a genetic predisposition or exposure to cigarette smoke, and doctors are unable (or unwilling) to state to a reasonable degree of medical certainty what the “true” cause of the condition is.

The Minnesota legislature stepped in to address this injustice by adopting a presumption of causation with regard to occupational diseases. A classic example of an occupational disease from the early 20th century is Radium Jaw—a disease that involves the constant bleeding of the gums, which eventually leads to a tumorous jaw bone and severe facial distortion. This condition results from exposure to the radium used in the manufacture of watch dials. With a presumption of causation, an injured watch worker’s Radium Jaw would be presumed to be caused by his or her work. In order to overcome this presumption, counsel for the defense must provide substantive evidence showing the condition was caused by something other than the employee’s work. In other words, the watch dial manufacturer would have to prove that the employee: 1) came into sufficient contact with radium outside of work, and 2) prove that the non-work related radium was the actual cause of the disease.

Often times lawyers will not want to represent an employee when there’s no dispute. The reason is fairly obvious – they don’t want to do work when they are not being paid. At Meuser Law Office, however, we take a different philosophy. Our philosophy, again, is it’s not a matter of if there’s going to be a problem, it’s when. And frankly, we’d rather get your case now. Make sure that you’re doing what you are needing to do under the statute. Filling out the appropriate paperwork. Getting to the right doctors. Choosing the right QRC.

So, don’t wait to get an attorney involved if you have a Minnesota workers’ compensation claim. The process can be complex and you want to be sure you receive the full benefits you are entitled. Contact Meuser Law Office, P.A. for a free no-obligation consultation and claim evaluation. At Meuser Law Office, P.A. we keep our clients informed of the process as well as what to expect each step of the way.