Robert Wilson & Associates, Minneapolis
Minnesota workers' comp attorney Dan Swenson
I am Dan Swenson. I practice workers' compensation at Robert Wilson & Associates and I built every calculator on this site. This page answers the questions people have before they call a lawyer. What it costs, when you pay, what a lawyer can do that is hard to do alone, and when you do not need one. If you would rather ask, call or text (651) 283-8747. It rings my cell.
How a Minnesota comp attorney gets paid
Fees are set by Minn. Stat. § 176.081, not by the lawyer. There is no retainer and no hourly bill. The fee is 20% of the benefits that were in dispute and were recovered because of the lawyer's work, and the total is capped per injury. If nothing is recovered, there is no fee.
| Date of injury | Fee cap | How the cap is reached |
|---|---|---|
| On or after October 1, 2024 | $55,000 | 20% of the first $275,000 of disputed benefits |
| October 1, 2013 through September 30, 2024 | $26,000 | 20% of the first $130,000 of disputed benefits |
| Before October 1, 2013 | Lower, under the earlier statute | Ask, and bring your date of injury |
- Only disputed benefits count. Checks the insurer was already paying are not touched by the fee.
- The fee rules in detail.
- Run your own numbers with the attorney fee calculator.
When the fee is paid
At the end, not along the way. When disputed benefits are awarded or settled, the insurer withholds the fee from those benefits and pays it to the attorney after a compensation judge approves it. You never write a check, and nothing is owed while the case is pending. On a settlement, the fee is spelled out in the stipulation before you sign it.
What a comp attorney can do that is hard to do alone
You can do a lot yourself, and this site is built so you can. These are the parts where a lawyer changes the outcome.
File and try a Claim Petition
When a claim is denied, the dispute goes to the Office of Administrative Hearings. Pleading it, attaching the medical support, serving the right parties, and trying the case in front of a compensation judge is the core of what a comp lawyer does.
Object to a NOID the same day
A Notice of Intention to Discontinue stops your checks when it is filed, and the window to object is short. Send it to a lawyer the day it arrives and the objection gets filed immediately. The administrative conference under Minn. Stat. § 176.239 usually gets set within two to four weeks, which is not much time to pull medical records and a narrative report from your doctor.
Get your doctor on the record
Judges decide on written medical opinions. A lawyer asks your treating doctor the questions the judge needs answered, in writing, about causation, restrictions, MMI, and the permanency rating.
Cross-examine the IME doctor
The insurer’s exam report is the usual basis for cutting off benefits. A lawyer takes that doctor’s deposition or cross-examines them at hearing.
Pick the right wage method, not just the math
The calculators run the formula. Deciding which statutory method applies to overtime, a second job, seasonal work, or a recent raise is legal work, and it changes every check.
Price and negotiate a settlement
A stipulation closes benefit streams for good. A lawyer values each one, decides whether medical should stay open, and handles Medicare and intervenor issues so the agreement does not unravel later.
See the claims next to the comp claim
Retaliation under Minn. Stat. § 176.82, a third-party case under § 176.061 when someone besides the employer was at fault, an uninsured employer, or a worker wrongly labeled an independent contractor. These sit beside the comp claim and are often worth more than it.
What an attorney cannot do
- Change the facts or the medical records.
- Get a higher permanency rating without a doctor who supports it.
- Make the Office of Administrative Hearings move faster, or make the insurer pay sooner than the statute requires. Late payment does carry interest and penalties, and a lawyer can pursue those.
- Promise a result. Anyone who does is guessing.
When you do not need me
If your claim is admitted, the checks arrive on time at the right rate, and your medical bills are being paid, a lawyer adds little. The fee attaches to disputed benefits, and there are none. Check the rate with the TTD calculator and the AWW calculator, run the Claim Checkup, and come back if something changes. The DLI Workers' Compensation Help Desk answers questions for free, 651-284-5005 (press 3), if you want a second opinion that is not selling anything.
When to call
Each of these comes with a deadline or a decision that is hard to undo.
- A NOID or any letter saying your checks will stop. Read more
- A denied claim. Read more
- An exam scheduled with a doctor the insurer chose. Read more
- Surgery or treatment denied or stuck in review. Read more
- A settlement offer, or a settlement conference you would attend alone. Read more
- Fired, demoted, or threatened after reporting the injury. Read more
- Told you were an independent contractor, or the employer had no insurance. Read more
- A permanency rating that seems low, or two doctors who disagree. Read more
- Checks that are late or do not match the calculator. Read more
What happens when you call or text
You reach me, not an intake service. Most calls take ten to fifteen minutes. I will ask when you were hurt, who the employer and insurer are, what has been paid, and what the most recent letter says. If there is nothing a lawyer would change, I will say so and you keep using the tools. If there is, I will explain the next step and what the fee would be. Have your date of injury, the insurer's name, the most recent letter or NOID, and a recent pay stub if the rate is the question.
Questions to ask any work comp lawyer
Ask these of anyone you are thinking of hiring, including me.
- Who will actually handle my file, and how do I reach that person?
- How is the fee calculated, and what would it be on the benefits that are actually in dispute?
- How many administrative conferences and OAH hearings have you handled in the last year?
- What do you think the insurer’s strongest argument is?
- What will you need from me, and how often will I hear from you?
- If my claim is fine, will you tell me not to hire you?
Where I practice
Robert Wilson & Associates, 404 3rd Ave N, Suite 201, Minneapolis, MN 55401. I take workers' compensation claims from anywhere in Minnesota. Administrative conferences and many hearings are held by phone or video, so you do not need to be in the Twin Cities. Minnesota attorney license #0396275. More about Dan.
Send a free case review request
A sentence or two about what is happening is enough. It goes by email to me and nowhere else. If a deadline is running right now, call instead of waiting for a reply.
Frequently asked questions
- How much does a workers’ comp lawyer cost in Minnesota?
- The fee is set by Minn. Stat. § 176.081, not by the lawyer. It is 20% of the disputed benefits recovered, capped at $55,000 for injuries on or after October 1, 2024 and $26,000 for injuries from October 1, 2013 through September 30, 2024. Nothing is owed up front, and no recovery means no fee.
- Do I pay anything if I lose?
- No. The fee is contingent on recovering disputed benefits. There is no retainer and no hourly bill.
- When is the fee paid?
- At the end, out of the disputed benefits that are awarded or settled. The insurer withholds the fee from those benefits and pays it after a compensation judge approves it. You do not write a check.
- Does the lawyer take a cut of the checks I am already getting?
- No. Fees attach to benefits that were disputed and recovered because of the lawyer’s work. Benefits the insurer was already paying voluntarily are not touched.
- Will hiring a lawyer make the insurer retaliate?
- Retaliation for asserting workers’ comp rights is illegal in Minnesota under Minn. Stat. § 176.82. In practice, represented claims tend to be handled more carefully, not less.
- Can I switch lawyers?
- Yes. The statutory cap applies to all attorneys on the same injury combined, so changing lawyers does not double the fee. The attorneys sort out the split.
- Do you take cases outside Minneapolis?
- Yes. Dan takes Minnesota workers’ compensation claims statewide. Conferences and many hearings are held by phone or video, so you do not need to come to the Twin Cities.
- Do I have to hire you to use the calculators?
- No. Every tool on this site is free, has no login, and keeps what you type on your own device. Calling or texting is free too, and you do not have to be ready to hire anyone.
MN Comp Buddy is attorney advertising by Daniel C. Swenson, a Minnesota workers' compensation attorney at Robert Wilson & Associates. The tools and articles are general information, not legal advice, and using this site does not create an attorney-client relationship until you hire the firm. Verify anything important against official Minnesota DLI materials.